UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: Mortensen Photography Federal Employer ID #: 39

- 2027936 DUNS #: 938503935 FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF TITLE 14 OF THE COD E OF FEDERAL REGULATIONS SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL OPERATION OF DJI PHANTOM 3 PROFESSIONAL AND DJI INSPIRE 1 UNMANNED AIRCRAFT SYSTEMS

PU RSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112

- 95)

Submitted on July 8 , 2015 Rick Swearingen Mortensen Photography 1288 River Place Blvd. Waukesha, WI 53189 Tel: ( 262 ) 754

- 88892 TABLE OF CONTENTS Page
GLOSSA RY OF ABBREVIATIONS...................................................................................3
SUMMARY...................................................................................................................... .....4
INTRODUCTION AND INTERESTS OF PETITIONER....................................................4
BACKGROUND................................................................................................................... .4
BASIS FOR PETITION............................ .............................................................................5
NAME AND ADDRESS OF PETITIONER.............................................................7
THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH MORTENSEN PHOTOGRAPHY SEEKS EXEMPTI ON.................................................................8
THE EXTENT OF RELIEF MORTENSEN PHOTOGRAPHY SEEKS AND THE REASON MORTENSEN PHOTOGRAPHY SEEKS THE RELIEF.........................11
THE REASONS WHY GRANTING MORTENSEN PHOTOGRAPHY ’S REQUEST WOUL D BE IN THE PUBLIC INTEREST .........................................................15
THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY AFFECT SAFETY..........................................................................19
SUMMARY THAT CAN BE P UBLISHED IN THE FEDERAL REGISTER......34 ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT MORTENSEN PHOTOGRAPHY ’S REQUEST.........34
CONCLUSION............................................................................................. .......................35
APPENDICES........................................................................................373 GLOSSARY OF ABBREVIATIONS
AGL Above Ground Level AOI Area of Interest ATC Air Traffic Control ATO Air Traffic Organization AV Aerial Vehicle CFR Code of Federal Re gulations COA Certificate of Authorization FAA Federal Aviation Administration FAR Federal Aviation Regulation GCS Ground Control Station GPS Global Positioning System LOL Loss of Link NAS National Airspace System NOTAM Notice to Airman PIC Pilot In Command Section 333 FAA Modernization and Reform Act of 2012 (FMRA) Section 333 SO Safety Observer SOP Standard Operating Procedures UA Unmanned Aircraft UAS Unmanned Aircraft System VFR Visual Flight Rules VLOS V isual Line of Site VMC Visual Meteorological Conditions VTOL Vertical Takeoff and Landing4 SUMMARY Mortensen Photography seeks exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 9 1.409(a)(1) & (a)(2), and 91.417(a) & (b), to operate an Unmanned Aircraft System pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit Mortensen Photography to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial video and photography of construction sites, real estate, and landscape over certain areas of the United States.
INTRODUCTION AND INTERESTS OF THE PETITIONER Mortensen Photography provides its clients with a erial photo and video

. Mortensen Photography has over 3 5 years of professional video and photography and is recognized as an expert in digital media

. We have over 3 years professional experience in all aspects of aerial video and photography. The objectiv e of Mortensen Photography ’s aerial video and photography operation s is to provide high quality imaging for a variety of comme rcial, public, and residential uses, specifically targeting:

• Aerial event filming and photography

• Aerial acquisitions used for ins pections of public and private structures.

• Real Estate Photography

.

• Promotional videos for businesses, non

- profits & government agencies5 BACKGROUND Unmanned Aircraft Systems: DJI Phantom 3, DJI Inspire 1 UASs Mortensen Photography seeks an exemption to ope rate DJI systems for compensation or hire within the NAS. The DJI Phantom 3 Professional and DJI Inspire 1 are vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems . The DJI Phantom 3
Professional has a maximum gross weight of approximately 2 pounds 11 ounces, while having a length of 16 inches width of 16 inches, height of 8 inches, and a maximum speed of approximately 29 knots. The DJI Inspire 1 has a maximum gross weight of 6 pounds 7.5 ounces, a length of 17.3 inches, width of 17.7 inches, height of 11.8 inches, and a maximum speed of approximately 42 knots. The DJI Phantom 3 Professional and DJI Inspire 1UAs are equipped with four main rotors; driven by Lithium P olymer battery powered electric motors.
The DJI Phantom 3 Professional and DJI Inspire 1 UAs that will be operated by Mortensen Photography will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft , as well as 14 C.F.R Part 47, Aircr aft Registration , and marked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking

.

BASIS FOR PETITION Petitioner, Mortensen Photography , pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the F AA Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems , hereby petitions the Administrator to commercially operate the DJI Phantom 3 Professional , DJI6 Inspire 1 UASs in the National Airspace System (NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). In consideration of the speed, weight, size, and limited operating area asso ciated with the unmanned aircraft and its operation, Mortensen Photography ’s operation of DJI
Phantom 3 Professional and DJI Inspire 1 UASs meets the conditions of FMRA Section 333 and therefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Accordingly, Mortensen Photography requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for maintenance that only apply to aircraft w ith an airworthiness certificate. Mortensen Photography submits that the requested relief is proper since an equivalent level of safety will be ensured. Mortensen Photography will use experienced personnel or technicians to perform maintenance, alteration s, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance Log , and DJI Phantom 3 Professional and DJI Inspire 1 Instruction Manual). Furthermore, Mortensen Photogr aphy will document and
maintain all maintenance records for the DJI Phantom 3 Professional and DJI Inspire 1
UASs. Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command , is reque sted by Mortensen Photography to the extent necessary to allow a Pilot in Command (PIC) holding a private pilot or higher level certificate, as well as an airman medical certificate, and who has demonstrated, by7 meeting minimum flight

- hour and currency re quirements, that the PIC is able to safely operate the DJI Phantom 3 Professional and DJI Inspire 1 UASs in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehic les and structures. Mortensen Photography seeks relief from Section 91.7(a), entitled Civil aircraft
airworthiness , because the DJI Phantom 3 Professional and DJI Inspire 1 UASs do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, Mortensen Photography submits that he will ensure that the DJI Phantom 3
Professional and DJI Inspire 1UASs are in an airworthy condition, prior to every flight, by determining that the UASs are in compliance with the operating doc uments (i.e., Monthly Maintenance Log, and DJI Phantom 3 Professional and DJI Inspire 1 Instruction Manual), and that the aircraft are in a condition for safe flight. Mortensen Photography also seeks an exemption from the requirements of Section 91.121, e ntitled Altimeter Settings , as the DJI Phantom 3 Professional and DJI Inspire 1 UAs will not have a typical barometric altimeter onboard. However, altitude information
of the DJI Phantom 3 Professional and DJI Inspire 1UAs will be provided to the PIC via
G lobal Positioning System (GPS) equipment and radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path. This altitude information, combined with Mortensen Photography ’s operation of the DJI
Ph antom 3 Professional and DJI Inspire 1 UASs within visual line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121. Additionally, Mortensen Photography seeks an exemption from the requirements of Section 91.151(b ), entitled Fuel requirements for flight in VFR conditions

. Mortensen8 Photography submits that safety will not be affected by operation of the DJI Phantom 3
Professional and DJI Inspire 1 UAs during daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fly for a total duration of approximately 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes.
In accordance with 14 C.F.R. § 11.81, Mortensen Photography provides the following information in support of its petition for exemption:
A. Name And Address Of The Petitioner. The name and address of the Petitioner and point of contact is: Rick Swearingen Mortensen Photogr aphy 1288 River Place Blvd. Waukesha, WI 53189 Tel: ( 262 ) 754

- 8889 Email: Rick@Mortensenphotography.com B. The Spec ific Sections Of 14 C.F.R. From Which Mortensen Photography Seeks Exemption.
1. Mortensen Photography Seeks Exemption From The Requirements Of Section 61.113(a) And (b). Section 61.113, entitled Private pilot privileges and limitations: Pilot in command , subsections (a) and (b) prescribe the following, in relevant part: (a) No person who holds a private pilot certificate may act as a pilot i n command (PIC) of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as PIC of an aircraft. (b) A private pilot may, for compensation or hire, act as PIC of an aircraft in conn ection with any business or employment if

— (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation or hire.9 2. Mortensen Photography Seeks Exemption From The Requireme nts Of Section 91.7(a). Section 91.7, entitled Civil aircraft airworthiness , subsection (a), states the following: (a) No person may operate a civil aircraft unless it is in an airworthy condition.
3. Mortensen Photography Seeks Exemption From The Requi rements Of Section 91.121. Section 91.121, entitled Altimeter settings , subsection (a), states the following, in part: (a) Each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may be, by re ference to an altimeter that is set, when operating

-- (1) Below 18,000 feet MSL, to

-- (i) The current reported altimeter setting of a station along the route and within 100 nautical miles of the aircraft; (ii) If there is no station within the area pres cribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an appropriate available station; or (iii) In the case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter se tting available before departure.
4. Mortensen Photography Seeks Exemption From The Requirements Of Section 91.151(b). Section 91.151, entitled Fuel requirements for flight in VFR conditions , subsection (b), states the following: (b) No person may be gin a flight in a rotorcraft under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 20 minutes.
5. Mortensen Photography Seeks Exemption From The Requirement Of Section 91.405(a).10 Section 91.405, entitled Maintenance required , subsection (a), states the following: Each owner or operator of an aircraft

— (a) Shall have that aircraft inspected as pres cribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter[.]
6. Mortensen Photography Seeks Exemption From The Require ments Of Section 91.407(a)(1) Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, or alteration , subsection (a)(1), states the following: (a) No person may operate any aircraft that has undergone maintenance, prevent ive maintenance, rebuilding, or alteration unless

-- (1) It has been approved for return to service by a person authorized under § 43.7 of this chapter[.]
7. Mortensen Photography Seeks Exemption From The Requirements Of Sections 91.409(a)(1) And 91.409(a )(2). Section 91.409, entitled Inspections , subsection (a), states the following: (a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had

-- (1) An annual ins pection in accordance with part 43 of this chapter and has been approved for return to service by a person authorized by § 43.7 of this chapter; or (2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapt er. 8. Mortensen Photography Seeks Exemption From The Requirements Of Sections 91.417(a) And 91.417(b). Section 91.417, entitled Maintenance records , subsections (a) and (b), state the following: (a) Except for work performed in accordance with §§ 91.41 1 and 91.413, each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section:11 (1) Records of the maintenance, preventive maintenance, and alteration and records of the 100

- hour, annual, progre ssive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records must include

-- (i) A description (or reference to data acceptable to the Administrator) of the work performed; and (ii) The date of completion of the work performed; and (iii) The signature, and certificate number of the person approving the aircraft for return to service. (2) Records containing the following informatio n: (i) The total time in service of the airframe, each engine, each propeller, and each rotor. (ii) The current status of life

- limited parts of each airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul of all items insta lled on the aircraft which are required to be overhauled on a specified time basis. (iv) The current inspection status of the aircraft, including the time since the last inspection required by the inspection program under which the aircraft and its applia nces are maintained. (v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safety directive number and revision date. If the AD or safety directive involves recurr ing action, the time and date when the next action is required. (vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances. (b) The owner or operator shall retain the following records for the periods prescribed: (1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by other work or for 1 year after the work is performed.12 ( 2) The records specified in paragraph (a)(2) of this section shall be retained and transferred with the aircraft at the time the aircraft is sold. (3) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter shall be ret ained until the defects are repaired and the aircraft is approved for return to service.
C. The Extent Of Relief Mortensen Photography Seeks And The Reason Mortensen Photography Seeks The Relief.
1. Extent Of Relief Mortensen Photography Seeks And The Re ason Mortensen Photography Seeks Relief From Section 61.113(a) And (b). Relief from Section 61.113(a) and (b) entitled Private pilot privileges and
limitations: Pilot in command , is requested to the extent necessary to allow a PIC holding a private pilot or higher level certificate, as well as a current and valid airman medical certificate, and who has met certain flight

- hour and currency requirements, to conduct the proposed UAS flight operations for compensation or hire. This relief is requested since t he limitations set forth in Section 61.113(a) and (b) state that a private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any business or employment if: (1) The flight is only incidental to that business or employment; an d (2) The aircraft does not carry passengers or property for compensation or hire. As set forth more fully below, Mortensen Photography submits that an equivalent level of safety will be maintained because no PIC will be allowed to operate the DJI
Phantom 3 Professional UAS or DJI Inspire 1 UAS unless that PIC has met certain flight

hour and currency requirements, demonstrating that the PIC is able to safely operate either
the DJI Phantom 3 Professional or DJI Inspire 1 UAS in a manner consistent with the operations specifications as described in this exemption, including evasive and emergency13 maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and

structures. Further, Mortensen Photography submits that all flights of the DJI Phantom 3
Professional and DJI Inspire 1 UASs, conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to Mortensen Photography ’s business; and (2) will not carry passengers or property for compensation or hire.
2. Extent O f Relief Mortensen Photography Seeks And The Reason Mortensen Photography Seeks Relief From Section 91.7(a). Relief from Section 91.7(a) entitled Civil aircraft airworthiness , is requested to the extent required to allow Mortensen Photography to determin e that the DJI Phantom 3
Professional and DJI Inspire 1 UASs are in airworthy condition prior to every flight by ensuring that the UAS is in compliance with the operating documents (i.e., the Mortensen Photography Aerial Operations Manual, Monthly Maintena nce Log, and DJI Phantom 3
Professional and DJI Inspire 1 Instruction Manual). Mortensen Photography seeks the requested relief because the DJI Phantom 3
Professional and DJI Inspire 1 UASs do not require an airworthiness certificate in
accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Mortensen Photography will
ensure that the DJI Phantom 3 Professional and DJI Inspire 1 UASs are in airworthy condition based upon its compliance with the operating documents (i.e ., Monthly Maintenance Log, and DJI Ph antom 3 Professional and DJI Inspire 1 Instruction Manual) prior to every flight, and further, determine that the aircraft are in condition for safe flight,
as stated in the conditions and limitations below.
3. Extent Of Relief Mortensen Photography Seeks And The Reason Mortensen Photography Seeks Relief From Section 91.121.1 4 Relief from Section 91.121, entitled Altimeter settings , may be required to allow flight operations of the DJI Phantom 3 Professional and DJI Inspire 1 UASs, which utilize
a barometri c pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude information from the UA to the PIC at the ground control station (GCS). Since the FAA requires that any altitude information concerning UAS operations
be reported to air traffic control (ATC) in feet above ground level (AGL), Mortensen Photography seeks the requested relief because the DJI Phantom 3 Professional and DJI Inspire 1 UA’s altimeter may be set on the ground to zero feet AGL, rather than the loca l barometric pressure or field altitude, before each flight. Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is sought to the extent necessary to comply with the applicable conditions and
limitations stated below. As more fully set forth herein, an equivalent level of safety will
be maintained since the DJI Phantom 3 Professional and DJI Inspire 1 UAs are equipped with a barometric pressure sensor and GPS equipment, which automatically ensures that a ground level pres sure setting will be established prior to each flight, and provides the PIC
with altitude information of the UA on the heads

- up display of the GCS.
4. Extent Of Relief Mortensen Photography Seeks And The Reason Mortensen Photography Seeks Relief From Sect ion 91.151(b). Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR
conditions , is requested to the extent required to allow flights of the battery powered DJI
Phantom 3 Professional and DJI Inspire 1 UAs during daylight hours in vi sual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes. Mortensen Photography seeks the requested relief15 because without an exemption from Section 91.151(b), the flight time duration of the battery powered DJI Phantom 3 Professional and DJI Inspire 1 UAs will severely constrain the practicality of any aerial video or still photo flight op erations that Mortensen Photography proposes to conduct pursuant to this Petition. Significantly, as set forth below, the technical specifications of the DJI Phantom 3
Professional and DJI Inspire 1 UASs, the DJI Phantom 3 Professional and DJI Inspire 1

o perating documents, and Mortensen Photography ’s proposed operating limitations, ensure
that Mortensen Photography will safely operate the battery powered DJI Phantom 3
Professional and DJI Inspire 1 UAs during daylight hours in visual meteorological
condit ions (VMC), under visual flight rules (VFR), with enough battery power to fly for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes.
5. Extent Of Relief M ortensen Photography Seeks And The Reason Mortensen Photography Seeks Relief From Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b). Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only apply to aircraft with an airworthiness certificate, Mortensen Photography requests
relief from these Sections because the DJI Phantom 3 Professional and DJI Inspire 1 UASs do not require airworthiness certificates. As set forth more fully below, the DJI Phantom 3
Professional and DJI Inspire 1 UASs meet the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingly, Mortensen Photography will use trained technicians to perform maintenance, alterations, or preventive maintenanc e on the UASs using the methods, techniques, and practices prescribed in the UAS operating documents (i.e., the Mortensen Photography Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Professional and DJI Inspire 1 Instruction Manual).16 F urthermore, Mortensen Photography will document and maintain all maintenance records
for the DJI Phantom 3 Professional and DJI Inspire 1 UASs. D. The Reasons Why Granting Mortensen Photography ’s Request Would Be In The Public Interest; That Is, How It Wo uld Benefit The Public As A Whole. Granting the present Petition will further the public interest by allowing Mortensen Photography to safely, efficiently, and economically perform aerial video and photography of construction sites, real estate, and land scape over certain areas of the United States. Additionally, use of the DJI Phantom 3 Professional and DJI Inspire 1 UASs will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the economy. Notably, the benefits of Mort ensen Photography ’s proposed operation of the DJI
Phantom 3 Professional and DJI Inspire 1 UASs will be realized without implicating any privacy issues. 1. The Public Will Benefit From Decreased Congestion Of The NAS.
The DJI Phantom 3 Professional and D JI Inspire 1 UAs are battery powered and serve as a safe, efficient, and economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery. By reducing the amount of manned aircraft needed to perform aerial acquisitions, an exem ption allowing the use of a DJI Phantom 3
Professional or DJI Inspire 1 UAS would reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as well as increase the safety of life and property in the air and on the ground.
Furthermor e, by reducing the number of manned aircraft operating in the NAS, congestion around airports caused by arriving and departing aircraft will be reduced. The
DJI Phantom 3 Professional and DJI Inspire 1 UAs do not require an airport to takeoff or
land. Like wise, a reduction of manned aircraft conducting aerial video and photography17 missions would result in fewer aircraft that must be handled by air traffic control during the ground, takeoff, departure, arrival, and landing phases of flight operations.
2. The Public Will Benefit From The Safety And Efficiency Of The DJI Phantom 3 Professional and DJI Inspire 1 UASs. Conducting aerial acquisitions with the DJI Phantom 3 Professional and DJI Inspire 1 UASs, instead of manned aircraft, will greatly benefit the public by drastically reducing the levels of air and noise pollution generated during traditional aerial video and still photography flight operations. By using battery power and electric motors, the DJI
Phantom 3 Professional and DJI Inspire 1 UASs produc e no air pollution, and is the most viable environmentally conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that are typically utilized for aerial video and photography, while burning approximately 20

- 30 gallons pe r hour of leaded aviation fuel. The DJI
Phantom 3 Professional and DJI Inspire 1 UAs, while reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UAs are propelled by battery powered electric motors, rather than an i nternal combustion engine. By using the DJI Phantom 3 Professional and DJI Inspire 1 UASs to perform aerial acquisitions, the substantial risk to life and property in the air and on the ground, which is usually associated with traditional manned aircraft flight operations, will be substantially reduced or completely eliminated. Aside from the lack of flight crew members located onboard the aircraft, the DJI Phantom 3 Professional and DJI Inspire 1 UAs (weighing approximately 2 pounds 11 ounces and 6 pounds 7.5 ounces respectively, at their maximum gross weights with lengths of 16 inches and 17.3 inches respectively, widths of 16 inches and 17.7 inches respectively, and with no fuel on board), has less physical potential for collateral damage to life and pro perty on the ground, and in the air, compared18 to the manned aircraft that typically conduct similar operations (weighing approximately 6,000 pounds with a wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons).
3. Perf orming Aerial Video and Photography Operations With The DJI Phantom 3 Professional and DJI Inspire 1 UASs Will Benefit The Economy. In addition to being safe and efficient, the DJI Phantom 3 Professional and DJI Inspire 1 UASs are also an economical alte rnative to using manned aircraft to conduct similar aerial operations. As such, operation of the DJI Phantom 3 Professional and DJI Inspire 1 UASs will allow United States based companies, like Mortensen Photography , to remain competitive and contribute to growth of the U.S. economy. Specifically, with the rising cost of aviation fuel and the Environmental Protection Agency (“EPA”) regulatory actions phasing out leaded aviation fuels, U.S. owned and operated companies must adopt
new and alternative technolo gy in order to remain competitive. Operating the battery powered DJI Phantom 3 Professional and DJI Inspire 1 UASs is one such technology that not only allows companies greater operational flexibility compared to manned aircraft, but provides such flexibil ity without the high operational cost of a traditional manned aircraft. By operating the DJI Phantom 3 Professional and DJI Inspire 1 UASs, companies
such as Mortensen Photography , can remain competitive and profitable, and therefore, provide greater job stability to employees and contractors, which will ultimately contribute to growth of the U.S. economy. Improved financial performance of U.S. companies, through commercial use of the DJI Phantom 3 Professional and DJI Inspire 1 UASs, provides a stable wor kforce that increases consumer spending; improves local, state, and federal tax revenues; and allows companies to invest in research and development in order to remain competitive both in the United States and abroad.19 4. There Are No Privacy Issues.
Simi lar to the manned aerial acquisition flight operations that have been conducted for decades, Mortensen Photography ’s proposed operation of the DJI Phantom 3 Professional and DJI Inspire 1 UASs will not implicate any privacy issues. Specifically, the DJI
Ph antom 3 Professional and DJI Inspire 1 UASs will be operated only in compliance with operating documents (i.e., the Mortensen Photography Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Professional and DJI Inspire 1 Instruction Manual ) which requires property owner involvement as well as local law enforcement notification, and in accordance with the Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119. E. The Reasons Why Granting The Exemptio n Would Not Adversely Affect Safety, Or How The Exemption Would Provide A Level Of Safety At Least Equal To That Provided By The Rule From Which Mortensen Photography Seeks Exemption. 1. Reasons Why The DJI Phantom 3 Professional and DJI Inspire 1 UAs Me et The Conditions Of The FAA Modernization and Reform Act of 2012 (FMRA) Section 333. In consideration of the size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, Mortensen Photography ’s operation of th e DJI Phantom 3 Professional and DJI Inspire 1 UASs meet the conditions of FMRA Section 333, and will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Section 333 provides authority for a UAS to operate without air worthiness certification and sets forth requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security. Specifically, FMRA Section 333 states the following, in part:20 (a) I n General.

-- Notwithstanding any other requirement of this subtitle, and not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion of the plan and rulemaking required by section 332 of this Act or the guidance required by section 334 of this Act. (b) Assessment of Unmanned Aircraft Systems.

-- In making the determination under subsection (a), the Secr etary shall determine, at a minimum

-- (1) which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight do not creat e a hazard to users of the national airspace system or the public or pose a threat to national security; and (2) whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft systems identified under paragraph (1). (c) Requirements for Safe Operation.

-- If the Secretary determines under this section that certain unmanned aircraft systems may operate safely in the nationa l airspace system, the Secretary shall establish requirements for the safe operation of such aircraft systems in the national airspace system. In seeking this exemption, Mortensen Photography submits that the DJI Phantom 3
Professional and DJI Inspire 1 UASs can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the DJI Phantom 3 Professional and DJI Inspire 1 UASs; (b) the pilot certification requirement; and (c) the specific operating limitations.

a. The Specifications Of The DJI Phantom 3 Professional and DJI Inspire 1 UASs Demonstrate Its Safe Characteristics. The DJI Phantom 3 Professional and DJI Inspire 1 UASs do not create a hazard to users of the NAS or the public, or otherwise pose a threat to national security considering its size, weight, speed, and operational capability. i. Technical Specifications Of The DJI Phantom 3 Professional and DJI

Inspire 1 UASs.21 The technical specifications of the DJI Phantom 3 Professional and DJI Inspire 1
UA Ss are set forth by the DJI Phantom 3 Professional and DJI Inspire 1 Specifications and Data Sheet, attached hereto as Exhibit A and B.
ii. The DJI Phantom 3 Professional and DJI Inspire 1 UASs Autonomous Flight And Navigation Modes Enable The UASs To Rem ain Within A Defined Operational Area. The DJI Phantom 3 Professional and DJI Inspire 1 UASs may be operated in both manual and fully autonomous flight modes. A complete description of the flight and navigational modes of the DJI Phantom 3 Professional a nd DJI Inspire 1 UASs is provided

at pages 25

- 35 of the DJI Phantom 3 Professional and pages 12

- 16 and 45

- 50 of the DJI Inspire 1 User Manuals , attached hereto as Exhibit C and D.
iii. The DJI Phantom 3 Professional and DJI Inspire 1 UASs Are Designed For Automatic Return To Home Point Or Hover In The Event Of Loss Of The Control Link Or Navigation. When the Control Link is lost, the DJI Phantom 3 Professional and DJI Inspire 1
UAs will remain stationary, in flight, for 3 seconds or more. If, after 3 sec onds, the DJI
Phantom 3 Professional and DJI Inspire 1 UAs do not reacquire control link data from the GCS, the UAs will assume that the Control Link is lost and the UAs will return to the home position (i.e., failsafe mode) via GPS, and will descend to th e takeoff position and
shutdown. A complete description of the Failsafe Functions of the DJI Phantom 3 Professional UAS are set forth at pages 27 through 29 and for the DJI Inspire 1 at pages 13 through 15
of the DJI Phantom 3 Professional and DJI Inspire 1 User Manuals, attached hereto as
Exhibit C and D.
iv. The DJI Phantom 3 Professional and DJI Inspire 1 GCS And Its Operation.22 A complete description of the operation and specifications of the DJI Phantom 3
Professional and DJI Inspire 1 GCS and fligh t control software is provided at pages 32 through 43 of the DJI Phantom 3 Professional User Manual and pages 40 through 47 of the DJI Inspire 1 User Manual. DJI Phantom 3 Professional and DJI Inspire 1 User Manuals
are attached hereto as Exhibits C and D. b. Flight Operations Of DJI Phantom 3 Professional and DJI Inspire 1 UASs Are Limited To The Line Of Sight Of A Certificated Pilot in Command With A Safety Observer. Mortensen Photography will only utilize certificated pilots who possess a current
and valid airman medical certificate to act as a pilot in command (PIC) of the DJI Phantom
3 Professional and DJI Inspire 1 UASs. Additionally, a safety observer will assist all pilots during flight time. c. Flights Of DJI Phantom 3 Professional and DJI Inspi re 1 UASs Will Be Conducted Pursuant To Specific Operating Limitations. In seeking this exemption, Mortensen Photography proposes to commercially operate DJI Phantom 3 Professional and DJI Inspire 1 UASs for the special purpose of conducting aerial video and photography over certain areas of United States, pursuant to the following specific operating limitations: 1. Operations authorized by this grant of exemption will be limited to the following aircraft described in the operating documents, rotorcraft U ASs weighing less than 55 pounds maximum gross weight: DJI Phantom 3 Professional and DJI Inspire 1 Unmanned Aircraft Systems. Proposed operations of any other aircraft will require a new petition or a petition to amend this grant. 2. UAS operations unde r this exemption will be limited to conducting operations for the purpose of aerial video and photography. 3. The UAs may not be flown at an indicated airspeed exceeding 20 knots. 4. The UA must be operated at an altitude of no more than 500 feet above ground level (AGL), as indicated by the procedures specified in the operating23 documents unless a special request is made and approved by ATC. All altitudes reported to ATC must be in feet AGL. 5. The UAs must be operated within visual line of sight (VLO S) of the PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA

- issued airman medical certificate. 6. The use of first person view (FPV) by the PIC or safe ty observer (SO) is not permitted. 7. All operations must utilize a safety observer (SO). The SO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The SO and PIC must be able to communicate verbally at all t imes. Electronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the SO can perform the functio ns prescribed in the operating documents. 8. The SO must not perform any other duties beyond assisting the PIC with seeing and avoiding other air traffic and other ground based obstacles/obstructions and is not permitted to operate the camera or other in struments. 9. The operating documents and the grant of exemption must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations contained in the grant of exemp tion and the procedures outlined in the operating documents, the conditions and limitations contained in the grant of exemption take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator upon request. The operator must also present updated and revised document s if it petitions for extension or amendment to the grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted the exemption, then the operator must petition for amendment to its grant of ex emption. The FAA’s UAS Integration Office (AFS

- 80) may be contacted if questions arise regarding updates or revisions to the operating documents. 10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a condition for safe flight. I f the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The Ground Control Stat ion must be included in the preflight inspection. All maintenance and alterations must be properly documented in the aircraft records.24 11. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight. The PIC who conducts the functional test flight must make an entry in the aircraft records. 12. The pre

- flight inspection must account for all potential discrepancies, e. g. inoperable components, items, or equipment, not already covered in the relevant sections of the operating documents. 13. The operator must follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements. 14. The operator must carry out its maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, alterations, and status of replacement/overhaul component parts must be not ed in the aircraft records, including total time in service, description of work accomplished, and the signature of the authorized person returning the UAS to service. 15. Each UASs operated under this exemption must comply with all manufacturer Safety B ulletins. 16. The authorized person must make an entry in the aircraft record of the corrective action taken against discrepancies discovered between inspections. 17. The PIC must possess at least a private pilot certificate and at least a current thir d

- class medical certificate. 18. The operator may not permit any PIC to operate unless the PIC meets the operator’s qualification criteria and demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated un der the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours must be logged in a manner consistent with 14 C.F.R. § 61.51(b). Flights for t he purposes of training the operator’s PICs are permitted under the terms of the exemption. However, training operations may only be conducted during dedicated training sessions. During training, proficiency, and experience

- building flights, all persons no t essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 C.F.R. § 91.119. 19. UAS operations may not be conducted during night, as defined in 14 C.F.R. § 1.1. All operations must be conducted under visual meteorological conditions (VMC). If flight at night is required, a special request will be made at the FAA office closest to proposed area of operations. Flights under special visual flight rules (SVFR) are not authorized.25 20. The UA may not operate within 5 nautical miles of an airport reference point as denoted on a current FAA

- published aeronautical chart unless a letter of agreement with that airport’s management is obtained, and the operati on is conducted in accordance with a NOTAM as required by the operator’s COA. The letter of agreement with the airport management must be made available to the Administrator upon request. 21. The UA may not be operated less than 500 feet below or less th an 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC. 22. If the UA loses communications or loses its GPS signal, it must return to a pre

determined location within the planned operating area and land or b e recovered in accordance with the operating documents. 23. The PIC must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operating documents. 24. The PIC is prohibited from beginning a flight unless (conside ring wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the intended landing point and land the UA with 25% battery power remaining. 25. The operator must obtain an Air Traffic Organization (ATO) issued Certifi cate of Waiver or Authorization (COA) prior to conducting any operations under the grant of exemption. This COA will also require the operator to request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation. All operations shall be conducted in accordance with airspace requirements in the ATO issued COA including class of airspace, altitude level and potential transponder requirements. 26. All aircraft operated in accordance with the exemption mus t be identified by serial number, registered in accordance with 14 C.F.R. part 47, and have identification (N

- Number) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must be as large as practicable. 27. Before conducting operations, t he radio frequency spectrum used for operation and control of the UA must comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements. 28. The documents required fewer than 14 C.F.R. 91.9 and 91.2 03 must be available to the PIC at the Ground Control Station of the UAS any time the UAS is operating. These documents must be made available to the Administrator or any law enforcement official upon request. 29. The UA must remain clear and yield the r ight of way to all manned aviation operations and activities at all times.26 30. The UAS may not be operated by the PIC from any moving device or vehicle. 31. Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons other than the PIC, SO, operator trainees or essential persons), vessels, vehicles, and structures unless: a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. Th e operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately and/or; b. The aircr aft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or structures has granted permission and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard, and; c. Operations nearer to the PIC, SO, operator trainees or essential persons do not present an undue hazard to those persons per § 91.119(a). 32. All operations shall be conducted over private or controlled

- access property with permission from the land owner/controller or authorized representative. Permission from land owner/controller or authorized representative will be obtained for each flight to be conducted. 33. Any incident, accident, or flight operation tha t transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the FAA's UAS Integration Office (AFS

- 80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov

. 2. Reasons Why An Exemption From The Requirements Of Section 61.113(a) And (b) Would Not Adversely Affect Safety. Mortensen Photography submits t hat the equivalent level of safety established by Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate the
DJI Phantom 3 Professional and DJI Inspire 1 UASs unless that PIC has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 Professional or DJI Inspire 1 UAS in a manner consistent with27 the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, ve ssels, vehicles and structures. Considering Mortensen Photography ’s proposed area of operations, and the operating limitations set forth

- above; the parallel nature of private pilot aeronautical knowledge requirements to those of commercial pilot requireme nts ( See Exemption No. 11062); and the airmanship skills necessary to safely operate the DJI Phantom 3
Professional or DJI Inspire 1 UAS, Mortensen Photography submits that the additional manned airmanship experience of a commercially certificated pilot wo uld not correlate to the airmanship skills necessary for Mortensen Photography ’s specific proposed flight operations. The FAA has previously granted relief from Section 61.113(a) and (b) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161). Mortensen Photography will not allow any PIC to operate the DJI Phantom 3
Professional or DJI Inspire 1 UAS unless that PIC has demonstrated, by meeting minimum flight

- hour requirements or the DJI Phantom 3 Professional or DJI Inspire 1 UAS training and currency requirements, that the PIC is able to safely operate the DJI Phant om 3
Professional or DJI Inspire 1 UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Specifically, the PIC must have accumulated a nd logged, in a manner consistent with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a28 minimum of 5 hours of those hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption). In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes). As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that was obtained in compliance with a pplicable regulations will ensure an equivalent level of safety during Mortensen Photography ’s proposed operations. The Administrator has held that prior documented flight experience that was obtained in compliance with applicable regulations would ensure safe operations, stating as follows: In Exemption No. 11062, the FAA required that prior to conducting operations for the purpose of motion picture filming (or similar operations), the PIC must have accumulated and logged, in a manner consistent with 14 C FR 61.51(b), 25 hours of total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi

- rotor UAS. Prior to operations under Exemption No. 11062, the PIC must also have accumulated and logged a minimum of 5 hours as a U AS pilot operating the same make and model of UAS to be used for operations under the exemption. For clarification, the FAA considers these minimum hour requirements to be inclusive rather than additive; i.e. 5 hours make and model time may be included in the 10 hours of multi

- rotor time and the 10 hours may be included in the total 25 hours of UAS rotorcraft time. In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes). The FAA finds that at a minimum, the flight

- hour requirements in Exemption No. 11062 are appropriate to practice and build proficiency in the skills necessary to safely conduct the petitioner’s proposed operations. The FAA also finds that prior documented flight e xperience that was obtained in compliance with applicable regulations would satisfy this requirement. Training, proficiency, and experience

- building flights can also be conducted under the grant of exemption to accomplish the required flight time. During t raining, proficiency, and experience

- building flights the PIC is required to operate the UA with appropriate distances in accordance with 14 C.F.R 91.119. Exemption No. 11138 at page 15. Accordingly, Mortensen Photography will ensure safe operations by not allowing any PIC to operate the DJI Phantom 3 Professional or DJI Inspire 1 UAS unless that PIC has demonstrated, by meeting minimum flight

- hour and currency requirements, that the29 PIC is able to safely operate the DJI Phantom 3 Professional or DJI Ins pire 1 UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. 3. Reasons Why An Exemption From The Requirements Of Section 91.7(a) Would Not Adversely Affect Safety. The equivalent level of safety established by Section 91.7(a) will be maintained because prior to every flight, Mortensen Photography will ensure that the DJI Phantom 3
Professional or DJI Inspire 1 UAS is in an airworthy co ndition based upon the UAS’s compliance with its operating documents and as stated in the conditions and limitations
herein. Additionally, the FAA has previously granted relief from Section 91.7(a) specific to UAS, in circumstances similar, in all materia l respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). 4. Reasons Why An Exemption From The Requirements Of Se ction 91.121 Would Not Adversely Affect Safety. The equivalent level of safety established by Section 91.121 will be maintained
because the altitude information of the DJI Phantom 3 Professional and DJI Inspire 1 UAs will be provided to the PIC via GPS e quipment and a radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path and altitude. This altitude information, combined with Mortensen Photography ’s operation of
the DJI Phantom 3 Professio nal and DJI Inspire 1 UAs within visual line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121. The altitude information will be generated by GPS equipment installed onboard the aircraft.30 Prior to each flight, a zero altitude initiation point is automatically established by the UASs at ground level. The FAA has previously granted relief from Section 91.121 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exempt ion Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). 5. Reasons Why An Exemption From The Requirements Of Section 91.151(b) Would Not Adversely Affect Safety. A gr ant of this exemption would ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the DJI
Phantom 3 Professional and DJI Inspire 1 UASs; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingly, Mortensen Photography will ensure that it will safely operate the battery powered DJI Phantom 3
Professional and DJI Inspire 1 UAs during daylight hours in VFR conditions, wi th enough battery power to fly for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes. Here, as in Exemption No. 11109, the technical specifications of th e DJI Phantom 3
Professional and DJI Inspire 1 UASs; the limitations on the proposed flight operations; and the location of the proposed operations, will ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b). Furthermore, safety w ill be ensured as the DJI
Phantom 3 Professional and DJI Inspire 1 UASs provide audible and visual warnings to the PIC at the GCS when the UAs experiences low battery voltage, the first warning occurring at approximately 33% remaining battery power, and ag ain at approximately 10%31 remaining battery power. At the critically low battery level, the DJI Phantom Vision+ and DJI Inspire 1 UASs will descend and land automatically. Significantly, previous exemptions granted by the FAA concerning Section 91.151

esta blish that safety is not adversely affected when the technical characteristics and operating limitations of the UAS are considered. Relief has been granted for manned aircraft to operate at less than the minimums prescribed in Section 91.151, including
Exe mption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted relief from Section 91.151 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 110 63, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). 6. Reasons Why An Exemption From The Requirements Of Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) W ould Not Adversely Affect Safety. In seeking this exemption, Mortensen Photography submits that the equivalent level of safety with regard to the regulatory maintenance and alteration requirements established by Sections 91.405(a), 91.407(a)(1), 91.409(a )(1) & (a)(2), and 91.417(a) & (b)
will be met because Mortensen Photography will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the operating do cuments (i.e., the Mortensen Photography Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3
Professional and DJI Inspire 1 Instruction Manual). Furthermore, Mortensen Photography
will document and maintain all maintenance records for the DJI Phantom 3 Professional and DJI Inspire 1 UASs.32 Since the DJI Phantom 3 Professional and DJI Inspire 1 UASs will be inspected as prescribed by the operating documents, Mortensen Photography will maintain the equivalent level of safety established by Se ctions 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of the DJI Phantom 3 Professional and DJI Inspire 1 User Manuals are attached hereto as Exhibit C and D; a copy of the DJI Phantom 3 Professional and DJI Inspire 1 UAS Maintenance LOG is attached her eto as Exhibit E. Likewise, the exemption sought will not adversely affect safety because Mortensen Photography will use trained technicians to perform maintenance, alterations or preventive maintenance on the UAS using the methods, techniques, and practi ces prescribed by the operating documents. Furthermore, the exemption sought would maintain an equivalent level of safety established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the
DJI Phantom 3 Professional and DJI Inspire 1 UASs will be performed by trained technicians. Maintenance will be documented and maintained utilizing the monthly maintenance log. Significantly, previous exemptions granted by the FAA concerning Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), a nd 91.417(a) & (b) establish that safety is not adversely affected when the technical characteristics and operating limitations of the
UAS are considered.
In consideration of Mortensen Photography ’s proposed operating limitations, the operating documents, and the technical aspects of the DJI Phantom 3 Professional and DJI Inspire 1 UASs, Mortensen Photography submits that safety will not be adversely affected by granting exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2),33 91.409(a)(2), an d 91.417(a) and (b). The FAA has previously granted relief specific to UAS in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138 , 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). 7. The FAA May Prescribe Any Other Conditions For Safe Operation.
In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Cond itions , Mortensen Photography requests that the FAA prescribe special conditions for the intended operation of the DJI
Phantom 3 Professional and DJI Inspire 1 UASs, which contain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions will permit safe oper ation of the UAs for the limited purpose of conducting aerial video and photography over certain areas of the United States for compensation or hire. FMRA Section 333 sets forth the requirements for considering
whether a UAS will create a hazard to users o f the NAS or the public, or otherwise pose a threat to national security; and further, provides the authority for such UAS to operate without airworthiness certification in accordance with any requirements that must be established for the safe operation of the UAS in the NAS. Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for operation of the DJI Phantom 3 Professional and DJI Inspire 1 UASs, since the airworthiness regulations of 14 C.F.R. Part 21 do not contai n adequate or appropriate34 safety standards, due to the novel or unusual design features of the aircraft. Section 21.16,
entitled Special Conditions , states the following: If the FAA finds that the airworthiness regulations of this subchapter do not contai n adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller because of a novel or unusual design feature of the aircraft, aircraft engine or propeller, he prescribes special conditions and amendments thereto for the product. T he special conditions are issued in accordance with Part 11 of this chapter and contain such safety standards for the aircraft, aircraft engine or propeller as the FAA finds necessary to establish a level of safety equivalent to that established in the reg ulations. See 14 C.F.R. § 21.16. Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special conditions for Leading Edge’s intended operation of the DJI
Phantom 3 Professional and DJI Inspire 1 UASs, which contain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a )(1) & (a)(2), and 91.417(a) & (b).
F. A Summary That Can Be Published In The Federal Register, stating: The Rules From Which Mortensen Photography Seeks Exemption: Mortensen Photography seeks exemption from the requirements of 14 C.F.R Sections 61.113(a)& (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). A Brief Description Of The Nature Of The Exemption Mortensen Photography Seeks: This exemption will permit Mortensen Photography to commercially opera te an Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and photography over certain areas of the United States.
G. Any Additional Information, Views, Or Arguments Available To Support Mortensen Photography ’s Request.
This Petition is made pursuant to the FAA Modernization and Reform Act of 201235 (FMRA) Section 333, which directs the Secretary of Transportation to determine if certain UAS may operate safely in the NAS. As such, Mortensen Photography ’s request for exemption may be gr anted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as set forth above. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and further, provides the authority for such UAS to operate without airworthiness
certification. As discussed in detail above, Mortensen Photography will operate the DJI Phantom
3 Professional and DJI Inspire 1 UASs safely in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national security.
CONCLUSION As set forth herein, Mortensen Photography seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe operation of the DJI Phantom 3 Professional and DJI Inspire 1 UASs commercially, without an airworthiness certificate, for the limited purpose of conducting aerial video and photography over certain are as of the United States. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing Mortensen Photography to s afely, efficiently, and economically operate the DJI Phantom 3 Professional and DJI Inspire 1 UASs commercially within the
NAS.36 WHEREFORE , in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, M ortensen Photography respectfully requests that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & ( b), and permit Leading Edge to operate the DJI
Phantom 3 Professional and DJI Inspire 1 UASs commercially for the purpose of conducting aerial video and photography over certain areas of the United States.
Date d: July 8 , 2015

Respectfully submit ted, Rick Swearingen 

# Rick Swearingen Mortensen Photography 1288 River Place Blvd. Waukesha, WI 53189 Tel: ( 262 ) 754

- 8889

Appendic es : A

– DJI Phantom 3 Professional Specifications Data Sheet B

– DJI Inspire 1 Specifications Data Sheet C

– DJI Phantom 3 Professional Manufacturer’s User Manual D

– DJI Inspire 1 Manufacturer’s User Manual E

– Monthly Maintenance Log37 APPENDIX

– A
DJI PHANTOM 3 PROFESSIONAL TECHNICAL SPECIFICATIONS Mortensen Photog raphy only utilizes safe and reliable UASs. DJI is an industry leader in small UAS production. DJI UASs are loaded with ground breaking software enabling the user to set parameters which will not allow flight into controlled airspace. Parameters can also b e set to limit flight to no higher than a predetermined and set altitude as well as limit f l ight to a predetermined and set distance. In addition, DJI software provides real

- time altitude and location information to the PIC via the linked monitor (smart ph one/tablet devices)
1.1 DJI Phantom 3 Professional
1.1.1 Aircraft 1.1.1.1 Supported Battery

– DJI 5200mAH LiPo Battery 1.1.1.2 Weight (Battery & Propellers Included)

– 2 .82lbs (12 80 g) 1.1.1.3 Hover Accura cy (Ready to Fly)

– Vertical: .5 m; Horizontal: 1

. 5m 1.1.1.4 Max Yaw Angular Velocity

- 200 0 /s 1.1.1.5 Max Tilt Angel

- 35 0 1.1.1.6 Max Ascent Speed

– 5 m/s 1.1.1.7 Max Descent Speed

– 3 m/s 1.1.1.8 Max Flight Speed

– 1 6 m/s (NOT RECOMMENDED)
1.1.2 Gimbal 1.1.2.1 Working Current

– Static: 750mA; Dynamic: 900mA 1.1.2.2 Control Accuracy

- ±0.03 0 1.1 .2.3 Controllable Range

– Pitch:

- 90 0

- 0 0 1.1.2.4 Maximum Angular Speed

– Pitch: 90 0 /s
1.1.3 Camera 1.1.3.1 Operating Temperature Range

- 32 0 F

- 104 0 F (0 0 C

- 40 0 C) 1.1.3.2 Sensor Size

– 1/2.3” 1.1.3.3 Effective Pixels

– 14M 1.1.3.4 Resolution

– 4384x3288 4.1.3.5 HD Video Recording

– 1080p30 & 720p 4.1.3.6 Recording Field of View

- 110 0 /85 0
1.1.4 Transmitter 1.1.4.1 Operating Frequency

– 5.728GHz

– 5.85GHz 1.1.4.2 Communication Distance (unobstructed)

– FCC Compliance: 800m 1.1.4.3 Receiver Sensitivity (1 %PER)

- - 93dBm 1.1.4.4 Transmitter Power

– FCC Compliance: 100mW 1.1.4.5 Working Voltage

– 120mA@3.7V 1.1.5 Range Extender38 1.1.5.1 Operating Frequency

– 2412

- 2462MHz 1.1.5.2 Communication Distance (unobstructed)

– 500

- 700m 1.1.5.3 Transmitter Power

– 20dB m 1.1.5.4 Power Consumption

– 2W

APPENDIX

– B
DJI INSPIRE 1 TECHNICAL SPECIFICATIONS Mortensen Photography only utilizes safe and reliable UASs. DJI is an industry leader in small UAS production. DJI UASs are loaded with ground breaking software enablin g the user to set parameters which will not allow flight into controlled airspace. Parameters can also be set to limit flight to no higher than a predetermined and set altitude as well as limit f l ight to a predetermined and set distance. In addition, DJI s oftware provides real

- time altitude and location information to the PIC via the linked monitor (smart phone/tablet devices) 2.2	DJI	Inspire	1
2.2.1	Aircraft 2.2.1.1	Model

– T600 2.2.1.2	Weight	(Battery	Included)

– 6lbs	7.5291oz	(2935g) 2.2.1.3	Hovering	A ccuracy	(GPS	Mode)

– Vertical:	0.5m;	Horizontal:	2.5m 2.2.1.4	Max	Angular	Velocity

– Pitch:	3000/s;	Yaw:	1500/s 2.2.1.5	Max	Tilt	Angle

- 350 2.2.1.6	Max	Ascent	Speed

– 5m/s 2.2.1.7	Max	Descent	Speed

– 4m/s 2.2.1.8	Max	Speed

– 22m/s	(ATTI	mode,	no	wind

– NO T RECOMMENDED) 2.2.1.9	Max	Flight	Altitude

– 4500m 2.2.1.10	Max	Wind	Resistance

– 10m/s 2.2.1.11	Max	Flight	Time

– Approximately	18	minutes 2.2.1.12	Motor	Model

– DJI	3510 2.2.1.13	Propeller	Model

– DJI	1345 2.2.1.14	Operating	Temperature	Range

– 140F	to	1040F	(

- 100C	to	400C) 2.2.1.15	Dimensions

– 17	1⁄4”	x	17	3⁄4”	x	12”
2.2.2	Gimbal 2.2.2.1	Model

– ZENMUSE	X3 2.2.2.2	Output	Power	(with	camera)

– Static:	9W;	In	Motion:	11W 2.2.2.3	Operating	Current

– Static:	750m A;	In	Motion:	900mA 2.2.2.4	Angular	Vibration	Range

- ±0.03039 2.2.2.5	Mounting

– Detachable 2.2.2.6	Controllable	Range

– Pitch:

- 900	to	+300;	Pan:	±3200 2.2.2.7	Mechanical	Range

– Pitch:

- 1250	to	450;	Pan:	±3300 2.2.2.8	Max	Controllable	Speed

– Pitch:	1200/ s;	Pan:	1800/s
2.2.3	Camera 2.2.3.1	Name

– X3 2.2.3.2	Model

– FC350 2.2.3.3	Total	Pixels

– 12.76M 2.2.3.4	Effective	Pixels

– 12.4M 2.2.3.5	Image	Max	Size

– 4000x3000 2.2.3.6	ISO	Range

– 100

- 3200 2.2.3.7	Field	of	View

- 940 2.2.3.8	CMOS

– Sony	EXMOR	1/2.3” 2.2.3.9	HD	Video	Recording

– UHD(4K):	4096x2160p24/25, 3840x2160p24/25/30;	FHD:	1920x1080p24/25/30/48/50/60; HD:	1280x720p24/25/30/48/50/60 2.2.3.10	Operating	Temperature	Range

- 320F

- 1040F	(00C

- 400C)
2.2.4	Transmitter 2.2.4.1	Name

– C1 2.2.4.2	Opera ting	Frequency

– 5.728

- 5.850GHz;	2.400

- 2.483GHz 2.2.4.3	Communicating	Distance	(unobstructed)

– 2000m 2.2.4.4	Output	Power

– 9W 2.2.4.5	Operating	Temperature	Range

- 140F	to	1040F	(

- 100C	to	400C) 2.2.4.6	Battery

– 600mAh	LiPo	2S

APPENDIX

– C
DJI Phantom 3 Professional Manufacturer’s User Manual A link may be found at: http://download.dji

innovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual_v 1.2_ en.pdf40 APPENDIX

– D DJI Inspire 1 Manufacturer’s User Manual A link may be found at:

http://download.dji

innovations.com/downloads/inspire_1/en/Inspire_1_ User_Manual_v1.2_en.pdf

APPENDIX

– E

month:_________(year:________ UAS$#:$___________ Date(Issue( Discovered Date(Issue( Addressed Software(Updates

Airframe(

Engines

Propellers

Camera(Gimbal

Landing(Gear

Vibration(Dampening

Other: MONTHLY$MAINTENANCE$LOG

Issue(Description(&(Maintenance(Conducted Maintenance(Performed(By:((( Print(&(Sign