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

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### IN THE MATTER OF THE PETITIONFOREXEMPTION OF: Mortensen Photography FederalEmployerID #: 

### 39-2027936 DUNS #: 

### 938503935 FORAN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF TITLE 14 OF THE CODE 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 DJIINSPIRE 1 UNMANNED AIRCRAFT SYSTEMS

PURSUANT TO SECTION 333 OF THEFAAMODERNIZATION 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) 754-8889TABLE OF CONTENTS Page GLOSSARY OF ABBREVIATIONS...................................................................................3 SUMMARY...........................................................................................................................4 INTRODUCTIONAND INTERESTS OF PETITIONER....................................................4 BACKGROUND....................................................................................................................4 BASIS FORPETITION.........................................................................................................5 NAME AND ADDRESS OF PETITIONER.............................................................

### ? THE SPECIFIC SECTIONS OF 14 C.F.R. FROMWHICH MORTENSEN PHOTOGRAPHY SEEKS EXEMPTION.................................................................8 THE EXTENT OF RELIEF MORTENSEN PHOTOGRAPHY SEEKS AND THE REASON MORTENSEN PHOTOGRAPHY SEEKS THE RELIEF
.........................11 THE REASONS WHY GRANTINGMORTENSEN PHOTOGRAPHY'S REQUEST WOULD BE IN THE PUBLIC INTEREST

.........................................................15 THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY AFFECT SAFETY......................................................:................... 19 SUMMARYTHAT CAN BE PUBLISHED IN THE FEDERAL REGISTER.

.....34 ANY ADDITIONAL INFORMATION, VIEWS, ORARGUMENTS AVAILABLE TO SUPPORTMORTENSEN PHOTOGRAPHY'S REQUEST

.........34 CONCLUSION....................................................................................................................35 APPENDICES........................................................................................37

2AGL AOI ATC ATO AV CFR COA FAA FAR GCS GPS LOL NAS NOT AM PIC Section 333 

## so SOP UA UAS VFR VLOS VMC VTOL GLOSSARY OF ABBREVIATIONS Above Ground Level Area ofInterest Air Traffic Control Air Traffic Organization Aerial Vehicle Code ofFederal Regulations Certificate ofAuthorization Federal Aviation Administration Federal Aviation Regulation Ground Control Station Global Positioning System Loss ofLink National Airspace System Notice to Airman Pilot In Command FAAModernization and Reform Act of2012 (FMRA) Section 333 Safety Observer Standard Operating Procedures Unmanned Aircraft Unmanned Aircraft System Visual Flight Rules Visual Line ofSite Visual Meteorological Conditions Vertical Takeoffand Landing



### 3SUMMARY 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)(l), 91.409(a)(l) & (a)(2), and 91.417(a) & (b), to operate an Unmanned Aircraft System pursuantto Section 333 of the FAAModernization and Reform Act of2012 (FMRA). This exemption will permit Mortensen Photography to operate anUnmanned Aircraft System (UAS) for the commercial purpose ofconducting aerial video and photography ofconstruction sites, real estate, and landscape over certain areas ofthe United States. INTRODUCTION AND INTERESTS OF THE PETITIONER Mortensen Photography provides its clients with aerialphoto and video. Mortensen Photography has over 35 years ofprofessional video and photography and is recognized as

an expertin digital media. We have over 3 years professional experience in all aspects of aerial video andphotography. The objective ofMortensen Photography's aerial video and photography operations is to provide high quality imaging for a variety ofcommercial, public, and residential uses, specifically targeting: 

### • • 

### • • Aerial eventfilming and photography Aerial acquisitions used for inspections ofpublic and private structures. Real Estate Photography

. Promotional videos for businesses, non-profits & government agencies

4BACKGROUND Unmanned Aircraft Systems: DJI Phantom 3, DJI Inspire 1UASs Mortensen Photography seeks an exemptionto operate DJI systems for compensation orhire within the NAS. The DJI Phantom 3 Professional and DJI Inspire 1

are vertical takeoffand landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smartphone systems. The DJI Phantom 3 Professional has a maximum gross weight ofapproximately 2 pounds 11 ounces, while having a length of 16 inches width of 16 inches, height of8 inches, and a maximum speed ofapproximately 29 knots. The DJI Inspire 1has a maximum gross weight of6 pounds 7.5 ounces, a length of 17.3 inches, width of 17.7 inches, height of 11.8 inches, and a maximum speed ofapproximately 42 knots. The DJI Phantom 3 Professional and DJI Inspire 1 UAs are equippedwith four mainrotors; driven by Lithium Polymer battery powered electric motors. The DJI Phantom 3 Professional and DJI Inspire 1UAs that will be operated by MortensenPhotography will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft, as well as 14 C.F.RPart 47,AircraftRegistration, and marked in accordance with 14 C.P.R. Part 45, Identification andRegistrationMarking.

BASIS FORPETITION Petitioner, Mortensen Photography, pursuantto the provisions ofthe Federal Aviation Regulations (14 C.P.R.§ 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, SpecialRules for Certain UnmannedAircraftSystems, hereby petitions the Administrator to commercially operate the DJI Phantom 3 Professional, DJI



### 5Inspire 1UASs inthe 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 ofthe speed, weight, size, and limited operating area associated withthe unmanned aircraft and its operation, Mortensen Photography's operation ofDJI Phantom 3 Professional and DJI Inspire 1UASs meets the conditions ofFMRA 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 relieffrom Sections 91.405(a), 91.407(a)(l), 91.409(a)(l) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for maintenance that only apply to aircraft with an airworthiness certificate. Mortensen Photography submits that the requested reliefis proper since an equivalent level ofsafety will be ensured. MortensenPhotography will use experienced personnel or technicians to perform maintenance, alterations, orpreventive maintenance on the UASs using the methods, techniques, and practices prescribed inthe operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Professional and DJI Inspire 1InstructionManual). Furthermore, MortensenPhotography will document and maintain all maintenance records for the DJI Phantom 3 Professional and DJI Inspire 1 UASs. Relieffrom certain requirements ofSection 61.113(a) and (b), entitledPrivatepilot privileges andlimitations: Pilot in command, is requested by Mortensen Photography to the extentnecessary 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, by

6meeting minimum flight- hour and currency requirements, thatthe PIC is able to safely operate the DJI Phantom 3 Professional and DJI Inspire 1UASs in a manner consistent withthis exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Mortensen Photography seeks relieffrom Section 91.7(a), entitled Civil aircraft airworthiness, because the DJI Phantom 3 Professional and DJI Inspire 1UASs do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, SubpartH. As such, Mortensen Photography submits that he will ensure that the DJI Phantom 3 Professional and DJI Inspire 1 UASs are in an airworthy condition, prior to every flight, by determining thatthe UASs are in compliance withthe operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Professional and DJI Inspire 1Instruction Manual), and thatthe aircraft are in a condition for safe flight. Mortensen Photography also seeks an exemption from the requirements ofSection 91.121, entitledAltimeterSettings, as the DJI Phantom 3 Professional and DJI Inspire 1 UAs will nothave a typical barometric altimeter onboard. However, altitude information ofthe DJI Phantom 3 Professional and DJI Inspire 1 UAs will be provided to the PIC via Global Positioning System (GPS) equipment and radio communications telemetry data link, which downlinks from the UAto the GCS for active monitoring ofthe flight path. This altitude information, combined with Mortensen Photography's operation ofthe DJI Phantom 3 Professional and DJI Inspire 1UASs within visual line ofsight, at orbelow 500 feet AGL, will ensure a level ofsafety equivalentto Section 91.121. Additionally, Mortensen Photography seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements forflight in VFR conditions. Mortensen

7Photography submits that safety will notbe affected by operation ofthe DJI Phantom 3 Professional and DJI Inspire 1UAs during daylight hours invisual meteorological conditions (VMC) under visual flight rules (VFR), with enoughbattery power to fly for a total duration ofapproximately 13.5 minutes to the first point ofintended 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, MortensenPhotography provides the following information in support ofits petition for exemption: A. Name And Address OfThe Petitioner. The name and address ofthe Petitioner and point ofcontact is: Rick Swearingen Mortensen Photography 1288 River Place Blvd. VVaukesha, VVI53189 Tel: (262) 754-8889 Email: Rick@Mortensenphotography.com B. The Specific Sections Of14 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 pilotprivileges 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 in command (PIC) ofan aircraft that is carrying passengers orproperty for compensation or hire; nor may thatperson, for compensation orhire, act as PIC ofan aircraft. (b) A private pilotmay, for compensation orhire, act as PIC ofan aircraft in connection with any business or employment if- (1) The flight is only incidental to thatbusiness or employment; and (2) The aircraft does not carry passengers orproperty for compensation orhire.



### 82. Mortensen Photography Seeks Exemption From The Requirements Of Section 91.7(a). Section 91.7, entitled Civil aircraftairworthiness, subsection (a), states the following: (a) No person may operate a civil aircraft unless itis in an airworthy condition. 3. Mortensen Photography Seeks Exemption From The Requirements Of Section 91.121. Section 91.121, entitled Altimeter settings, subsection (a), states the following, in part: (a) Eachperson operating an aircraft shall maintainthe cruising altitude or flight level ofthat aircraft, as the case may be, by reference to an altimeter that is set, when operating-- (1) Below 18,000 feet MSL, to-- (i) The current reported altimeter setting ofa station along the route and within 100 nautical miles ofthe aircraft; (ii) Ifthere is no station withinthe areaprescribed inparagraph (a)(l)(i) of this section, the currentreported altimeter setting ofan appropriate available station; or (iii) Inthe case ofan aircraft not equipped with a radio, the elevation ofthe departure airport or an appropriate altimeter setting 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) Noperson may begin aflight in a rotorcraft under VFR conditions unless (considering windand forecast weather conditions) there is enough fuel to fly to thefirstpointof intendedlanding and, assumingnormal cruisingspeed, to fly after that for at least 20 minutes. 5. Mortensen Photography Seeks Exemption From The Requirement Of Section 91.405(a).

9Section 91.405, entitledMaintenance required, subsection (a), states the following: Each owner or operator ofan aircraft- (a) Shall have that aircraft inspected as prescribed in subpart E ofthis part and shall betweenrequired inspections, except as provided inparagraph (c) ofthis section, have discrepancies repaired as prescribed inpart43 ofthis chapter[.] 6. Mortensen Photography Seeks Exemption From The Requirements Of Section 91.407(a)(l) Section 91.407, entitled Operation after maintenance,preventive maintenance, rebuilding, or alteration, subsection (a)(1), states the following: (a) No personmay operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless-- (1) Ithas been approved for returnto service by a person authorized under § 43.7 ofthis chapter[.] 7. Mortensen Photography Seeks Exemption From The Requirements Of Sections 91.409(a)(l) And 91.409(a)(2). Section 91.409, entitledInspections, subsection (a), states the following: (a) Except as provided inparagraph (c) ofthis section, no personmay operate an aircraft unless, within the preceding 12 calendar months, ithas had-- (1) An annual inspection in accordance with part 43 ofthis chapter and has been approved for returnto service by a person authorized by§ 43.7 ofthis chapter; or (2) An inspection for the issuance ofan airworthiness certificate in accordance with part 21 ofthis chapter. 8. Mortensen Photography Seeks Exemption From The Requirements Of Sections 91.417(a) And 91.417(b). Section 91.417, entitledMaintenance records, subsections (a) and (b), state the following: (a) Except for work performed in accordance with§§ 91.411 and 91.413, each registered owner or operator shall keep the following records for the periods specified inparagraph (b) ofthis section:



### 10(1) Records ofthe maintenance, preventive maintenance, and alteration and records ofthe 100-hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance ofan aircraft. The records must include-- (i) A description (or reference to data acceptable to the Administrator) of the work performed; and (ii) The date ofcompletion ofthe work performed; and (iii) The signature, and certificate number ofthe person approving the aircraft for return to service. (2) Records containing the following information: (i) The total time in service ofthe airframe, each engine, eachpropeller, and eachrotor. (ii) The current status oflife-limited parts ofeach airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul ofall items installed onthe aircraft which are required to be overhauled on a specified time basis. (iv) The current inspection status ofthe aircraft, including the time since the last inspectionrequiredby the inspectionprogram under whichthe aircraft and its appliances are maintained. (v) The current status ofapplicable airworthiness directives (AD) and safety directives including, for each, the method ofcompliance, the AD or safety directive number and revision date. Ifthe AD or safety directive involves recurring action, the time and date whenthe next action is required. (vi) Copies ofthe forms prescribedby§ 43.9(d) ofthis 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 inparagraph (a)(1) ofthis section shall be retained until the work is repeated or supersededby other work orfor 1year after the work is performed.

11(2) The records specified inparagraph (a)(2) ofthis section shall be retained and transferred withthe aircraft at the time the aircraft is sold. (3) A list ofdefects furnished to a registered owner or operatorunder§ 43.11 of this chapter shall be retained until the defects are repaired andthe aircraft is approved for return to service. C. The Extent OfReliefMortensen Photography Seeks And The Reason Mortensen Photography Seeks The Relief. 1. Extent OfReliefMortensen Photography Seeks And The Reason Mortensen Photography Seeks ReliefFrom Section 61.113(a) And (b). Relieffrom Section 61.113(a) and (b) entitledPrivatepilotprivileges and limitations: Pilot in command, is requested to the extentnecessary 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 conductthe proposed UAS flight operations for compensation orhire. This reliefis requested since the limitations set forth in Section 61.113(a) and (b) state that a private pilot may, for compensation or hire, act as PIC ofan aircraft in connectionwith 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 orhire. As set forth more fully below, Mortensen Photography submits that an equivalent level ofsafety will be maintained because no PIC will be allowed to operate the DJI Phantom 3 Professional UAS or DJI Inspire 1UAS unless that PIC has met certain flighthour and currency requirements, demonstrating thatthe PIC is able to safely operate either the DJI Phantom 3 Professional or DJI Inspire 1UAS in a manner consistentwiththe operations specifications as described inthis exemption, including evasive and emergency



### 12maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and structures. Further, Mortensen Photography submits that all flights ofthe DJI Phantom 3 Professional and DJI Inspire 1UASs, conducted by the PIC pursuantto the grant ofthis Petition: (1) will be incidental to Mortensen Photography's business; and (2) will not carry passengers orproperty for compensation or hire. 2. Extent OfReliefMortensen Photography Seeks And The Reason Mortensen Photography Seeks ReliefFrom Section 91.7(a). Relieffrom Section 91.7(a) entitled Civil aircraftairworthiness, is requested to the extentrequired to allowMortensenPhotography to determine that the DJI Phantom 3 Professional and DJI Inspire 1UASs are in airworthy conditionprior to every flight by ensuring thatthe UAS is in compliance withthe operating documents (i.e., the Mortensen Photography Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Professional and DJI Inspire 1Instruction Manual). MortensenPhotography seeks the requested reliefbecause the DJI Phantom 3 Professional and DJI Inspire 1UASs do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Mortensen Photography will

ensure thatthe DJI Phantom 3 Professional and DJI Inspire 1 UASs are in airworthy condition based upon its compliance withthe operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Professional and DJI Inspire 1 Instruction Manual) priorto every flight, and further, determine that the aircraft are in condition for safe flight,

as stated inthe conditions and limitations below. 3. Extent OfReliefMortensen Photography Seeks And The Reason Mortensen Photography Seeks ReliefFrom Section 91.121.



### 13Relieffrom Section 91.121, entitled Altimeter settings, may be required to allow flight operations ofthe DJI Phantom 3 Professional and DJI Inspire 1UASs, which utilize

a barometric 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 FAArequires that any altitude information concerning UAS operations be reported to airtraffic control (ATC) in feet above ground level (AGL), Mortensen Photography seeks the requested reliefbecause the DJI Phantom 3 Professional and DJI Inspire 1UA's altimeter may be set onthe ground to zero feet AGL, rather than the local barometric pressure or field altitude, before each flight. Considering the limited altitude ofthe proposed operations, relieffrom 14 CFR 91.121 is soughtto the extentnecessary to comply withthe applicable conditions and limitations stated below. As more fully set forth herein, an equivalent level ofsafety will be maintained since the DJI Phantom 3 Professional and DJI Inspire 1UAs are equipped with a barometric pressure sensor and GPS equipment, which automatically ensures that a ground level pressure setting will be establishedpriorto each flight, and provides the PIC with altitude information ofthe UA on the heads-up display ofthe GCS. 

### 4. Extent OfReliefMortensen Photography Seeks And The Reason Mortensen Photography Seeks ReliefFrom Section 91.151(b). Relieffrom Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is requestedto the extent required to allowflights ofthe battery powered DJI Phantom 3 Professional and DJI Inspire 1UAs during daylight hours invisual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 13.5 minutes to the first point ofintended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes. Mortensen Photography seeks the requested relief



### 14because without an exemption from Section 91.151(b), the flight time duration ofthe battery powered DJI Phantom 3 Professional and DJI Inspire 1UAs will severely constrain the practicality ofany aerial video or still photo flight operations that Mortensen Photography proposes to conductpursuantto this Petition. Significantly, as set forth below, the technical specifications ofthe DJI Phantom 3 Professional and DJI Inspire 1UASs, the DJI Phantom 3 Professional and DJI Inspire 1 operating 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 1UAs during daylight hours invisual meteorological conditions (VMC), under visual flight rules (VFR), with enoughbattery power to fly for a total duration of 13.5 minutes to the first point ofintended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes. 

### 5. Extent OfReliefMortensen Photography Seeks And The Reason Mortensen Photography Seeks ReliefFrom Sections 91.405(a), 91.407(a)(l), 91.409(a)(l) & 

### (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 relieffrom these Sections because the DJI Phantom 3 Professional and DJI Inspire 1UASs do notrequire airworthiness certificates. As set forth more fully below, the DJI Phantom 3 Professional and DJI Inspire 1UASs meetthe conditions ofFMRA Section 333 for operation without an airworthiness certificate. Accordingly, Mortensen Photography will

use trained technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed inthe UAS operating documents (i.e., the Mortensen Photography Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Professional and DJI Inspire 1Instruction Manual). 

### 15Furthermore, MortensenPhotography will document and maintain all maintenance records for the DJI Phantom 3 Professional and DJI Inspire 1UASs. 

### D. TheReasons Why GrantingMortensen Photography's RequestWouldBe In The Public Interest; ThatIs, How It

### Would Benefit The Public As A Whole. Granting the presentPetitionwill further the public interest by allowing Mortensen Photography to safely, efficiently, and economically perform aerial video and photography ofconstruction sites, real estate, and landscape over certain areas ofthe United States. Additionally, use ofthe DJI Phantom 3 Professional and DJI Inspire 1UASs will decrease congestion ofthe NAS, reduce pollution, and provide significantbenefits to the economy. Notably, the benefits ofMortensen Photography's proposed operation ofthe DJI Phantom 3 Professional and DJI Inspire 1UASs will be realized withoutimplicating any pnvacy Issues. 

### 1. 

### The PublicWill Benefit From Decreased Congestion OfThe NAS. The DJI Phantom 3 Professional and DJI Inspire 1UAs 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 ofmanned aircraft neededto perform aerial acquisitions, an exemption allowing the use ofa DJI Phantom 3 Professional or DJI Inspire 1UAS would reduce the amount ofmanned aircraft inthe NAS, reduce noise and air pollution, as well as increase the safety oflife andproperty in the air and onthe ground. Furthermore, by reducing the number ofmanned aircraft operating inthe NAS, congestion around airports caused by arriving and departing aircraft will be reduced. The DJI Phantom 3 Professional and DJI Inspire 1UAs do not require an airport to takeoffor land. Likewise, a reduction ofmanned aircraft conducting aerial video and photography



### 16missions would result in fewer aircraft that must be handled by air traffic control during the ground, takeoff, departure, arrival, and landing phases offlight operations. 

### 2. The PublicWill Benefit From The SafetyAnd Efficiency OfThe DJI Phantom 3 Professional and DJIInspire 1 UASs. Conducting aerial acquisitions withthe DJI Phantom 3 Professional and DJI Inspire 1UASs, instead ofmanned aircraft, will greatly benefitthe public by drastically reducing the levels ofair 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 1UASs produce 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 andphotography, while burning approximately 20-30 gallons per hour ofleaded aviation fuel. The DJI Phantom 3 Professional and DJI Inspire 1UAs, 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 internal combustion engine. By using the DJI Phantom 3 Professional and DJI Inspire 1UASs to perform aerial acquisitions, the substantial risk to life and property inthe 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 offlight crew members located onboard the aircraft, the DJI Phantom 3 Professional and DJI Inspire 1UAs (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 onboard), has less physical potential for collateral damage to life andproperty on the ground, and inthe air, compared



### 17to the manned aircraft thattypically conduct similar operations (weighing approximately 6,000 pounds with a wingspanofapproximately 42 feet, a length of34 feet, and a fuel capacity of 180 gallons). 3. Performing 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 alternative to using manned aircraft to conduct similar aerial operations. As such, operation ofthe DJI Phantom 3 Professional and DJI Inspire 1 UASs will allow United States based companies, like MortensenPhotography, to remain competitive and contribute to growth ofthe U.S. economy. Specifically, with the rising cost ofaviation fuel andthe Environmental Protection Agency ("EPA") regulatory actions phasing out leaded aviation fuels, U.S. owned and operated companies must adopt

new and alternative technology in orderto remain competitive. Operating the battery powered DJl Phantom 3 Professional and DJI Inspire 1UASs is one suchtechnology that not only allows companies greater operational flexibility compared to manned aircraft, but provides suchflexibility withoutthe high operational cost ofa traditional manned aircraft. By operating the DJI Phantom 3 Professional and DJl Inspire 1UASs, companies such as Mortensen Photography, canremain competitive and profitable, and therefore, provide greaterjob stability to employees and contractors, which will ultimately contribute to growth ofthe U.S. economy. Improved financial performance ofU.S. companies, through commercial use ofthe DJI Phantom 3 Professional and DJI Inspire 1UASs, provides a stable workforce that increases consumer spending; improves local, state, and federal taxrevenues; and allows companies to invest in research and development in order to remain competitive both in the United States and abroad.



### 18

### 4. ThereAreNo Privacy Issues. Similarto the manned aerial acquisition flight operations thathave been conducted for decades, MortensenPhotography's proposed operation ofthe DJI Phantom 3 Professional and DJI Inspire 1UASs will not implicate any privacy issues. Specifically, the DJI Phantom 3 Professional and DJI Inspire 1UASs 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 1Instruction Manual) whichrequires property owner involvement as well as local law enforcement notification, and in accordance withthe Federal Aviation Regulations, including the minimum altitude requirements of 14 C.P.R.§ 91.119. 

### E. The Reasons Why GrantingThe Exemption Would Not Adversely Affect Safety, OrHow TheExemptionWould Provide A Level OfSafety At Least EqualTo That Provided By The Rule From Which Mortensen Photography Seeks Exemption. 1. Reasons Why The DJI Phantom 3 Professional and DJIInspire 1 UAs Meet The Conditions OfTheFAAModernization and Reform Act of2012 (FMRA) Section 333. In consideration ofthe size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, Mortensen Photography's operation ofthe DJI Phantom 3 Professional and DJI Inspire 1UASs meet the conditions ofFMRA Section 333, and will notrequire an airworthiness certificate in accordance with 14 C.P.R. Part 21, Subpart H. Section 333 provides authority for a UAS to operate without airworthiness certification and sets forth requirements for considering whether a UAS will create a hazard to users oftheNAS or the public, or otherwise pose a threat to national security. Specifically, FMRA Section 333 states the following, inpart:



### 19(a) In General.--Notwithstandingany other requirement of this subtitle, andnot later than 180 days after the date of enactment of thisAct, the Secretary of Transportation shall determine 

### if certain unmannedaircraftsystems may operate safely in the national airspace system before completion of theplan andrulemaking requiredbysection 332 of thisActor the guidance requiredby section 334 of thisAct. (b) AssessmentofUnmannedAircraftSystems.--In makingthe determination under subsection (a), the Secretary shall determine, ata minimum-- (1) which types of unmannedaircraftsystems, 

### if any, as a result of their size, weight, speed, operational capability, proximity to airports and populatedareas, andoperation within visual line of sightdo notcreate a hazardto users of the nationalairspace system or thepublic orpose a threat to nationalsecurity; and (2) whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, UnitedStates Code, is required for the operation of unmannedaircraftsystems identified underparagraph (1). (c) Requirements for Safe Operation.--Jfthe Secretary determines under this section that certain unmannedaircraftsystems may operate safely in the nationalairspace system, the Secretary shall establish requirements for the safe operation of such aircraftsystems in the nationalairspace system. In seeking this exemption, Mortensen Photography submits thatthe DJI Phantom 3 Professional and DJI Inspire 1UASs can operate safely inthe NAS pursuantto FMRA Section 333, as demonstrated by: (a) the characteristics ofthe DJI Phantom 3 Professional and DJI Inspire 1UASs; (b) the pilot certification requirement; and (c) the specific operating limitations.

a. The Specifications OfThe DJI Phantom 3 Professional and DJI Inspire 1 UASs Demonstrate Its Safe Characteristics. The DJI Phantom 3 Professional and DJI Inspire 1UASs do not create a hazard to

users ofthe NAS or the public, or otherwise pose a threat to national security considering its size, weight, speed, and operational capability. i. Technical Specifications OfThe DJI Phantom 3 Professional and DJI

Inspire 1 UASs.

20The technical specifications ofthe DJI Phantom 3 Professional and DJI Inspire 1 UASs are set forth by the DJI Phantom 3 Professional and DJI Inspire 1 Specifications and Data Sheet, attachedhereto as Exhibit A and B. 

### ii. The DJI Phantom 3 Professional and DJIInspire 1 UASs Autonomous Flight AndNavigation Modes EnableThe UASs To Remain Within A Defined OperationalArea. The DJI Phantom 3 Professional and DJI Inspire 1 UASs may be operated inboth manual and fully autonomous flight modes. A complete description ofthe flight and navigational modes ofthe DJI Phantom 3 Professional and DJI Inspire 1UASs is provided atpages 25-35 ofthe DJI Phantom 3 Professional and pages 12-16 and 45-50 ofthe DJI Inspire 1 User Manuals, attached hereto as Exhibit C and D. iii. 

### TheDJI Phantom 3 Professional and DJIInspire 1 UASs Are Designed ForAutomatic Return To Home Point OrHoverIn The Event OfLoss OfThe ControlLinkOrNavigation. Whenthe Control Link is lost, the DJI Phantom 3 Professional and DJI Inspire 1 UAs will remain stationary, in flight, for 3 seconds ormore. If, after 3 seconds, the DJI Phantom 3 Professional and DJI Inspire 1UAs do notreacquire control link data from the GCS, the UAs will assume that the Control Link is lost andthe UAs will returnto the home position (i.e., failsafe mode) via GPS, and will descend to the takeoffposition and shutdown. A complete description ofthe Failsafe Functions ofthe DJI Phantom 3 Professional UAS are set forth atpages 27 through 29 and for the DJI Inspire 1 at pages 13 through 15 ofthe DJI Phantom 3 Professional and DJI Inspire 1 UserManuals, attached hereto as Exhibit C and D. 

### iv. The DJI Phantom 3 Professional and DJI Inspire 1 GCS And Its Operation.


### 21A complete description ofthe operation and specifications ofthe DJI Phantom 3 Professional and DJI Inspire 1 GCS and flight control software is provided at pages 32 through 43 ofthe DJI Phantom 3 Professional User Manual and pages 40 through 47 ofthe DJI Inspire 1User Manual. DJI Phantom 3 Professional and DJI Inspire 1User Manuals

are attached hereto as Exhibits C and D. b. Flight Operations OfDJI Phantom 3 Professional and DJI Inspire 1 UASs Are Limited To The Line OfSight OfA Certificated Pilot in Command With A Safety Observer. Mortensen Photography will only utilize certificated pilots who possess a current and valid airmanmedical certificate to act as a pilot in command (PIC) ofthe DJI Phantom 3 Professional and DJI Inspire 1UASs. Additionally, a safety observer will assist all pilots during flight time.

c. Flights OfDJI Phantom 3 Professional and DJI Inspire 1UASs 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 1UASs for the special purpose of conducting aerial video and photography over certain areas ofUnited States, pursuantto the following specific operating limitations: 1. Operations authorized by this grant ofexemptionwill be limited to the following aircraft described inthe operating documents, rotorcraft UASs weighing less than 55 pounds maximum gross weight: DJI Phantom 3 Professional and DJI Inspire 1Unmanned Aircraft Systems. Proposed operations ofany other aircraft will require a newpetition or a petitionto amend this grant. 2. UAS operations under this exemption will be limitedto conducting operations for the purpose ofaerial video andphotography. 3. The UAs may notbe flown at an indicated airspeed exceeding 20 knots. 4. The UAmustbe operated at an altitude ofno more than 500 feet above ground level (AGL), as indicated by the procedures specified in the operating



### 22documents unless a special request is made and approved by ATC. All altitudes reportedto ATC mustbe in feet AGL. 5. The UAs mustbe operated within visual line ofsight (VLOS) ofthe PIC at all times. This requires the PIC to be able to use human vision unaided by any device otherthan corrective lenses, as specified onthe PIC's FAA-issued airman medical certificate. 6. The use offirst person view (FPV) by the PIC or safety observer (SO) is not permitted. 7. All operations mustutilize 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 mustbe able to communicate verbally at all times. Electronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannottransfer his or her designation for the duration ofthe flight. The PIC must ensure thatthe SO canperformthe functions prescribed inthe 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 permittedto operate the camera or other instruments. 9. The operating documents and the grant ofexemption mustbe accessible during UAS operations and made available to the Administrator upon request. Ifa discrepancy exists betweenthe conditions and limitations contained in the grant ofexemption and the procedures outlined inthe operating documents, the conditions and limitations contained inthe grant ofexemptiontake precedence and mustbe followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update orrevise its operating documents. Itis the operator's responsibility to track such revisions and present updated and revised documents to the Administrator uponrequest. The operatormust also presentupdated and revised documents ifit petitions for extension or amendment to the grant ofexemption. Ifthe operator determines that any update or revision would affect the basis upon which the FAA granted the exemption, thenthe operator mustpetition for amendmentto its grant of exemption. The FAA's UAS Integration Office (AFS-80) may be contacted if questions arise regarding updates or revisions to the operating documents. 10. Priorto each flight the PIC must inspectthe UAS to ensure that it is in a condition for safe flight. Ifthe inspection reveals a conditionthat affects the safe operation ofthe UAS, the aircraft is prohibited from operating until the necessary maintenance has beenperformed andthe UAS is found to be in a condition for safe flight. The Ground Control Station mustbe included in the preflightinspection. All maintenance and alterations mustbe properly documented in the aircraft records.



### 2311. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement ofa flight critical component, must undergo a functional test flight. The PIC who conducts the functional test flight mustmake an entry inthe aircraftrecords. 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 ofthe 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 withthe operating documents. Maintenance, inspection, alterations, and status ofreplacement/overhaul componentparts mustbe noted inthe aircraftrecords, including total time in service, description ofwork accomplished, and the signature ofthe authorized personreturning the UAS to service. 15. EachUASs operated under this exemptionmust comply with all manufacturer Safety Bulletins. 16. The authorized personmust make an entry in the aircraftrecord ofthe corrective actiontaken against discrepancies discovered between inspections. 17. The PIC mustpossess at least a private pilot certificate and at least a current third- class medical certificate. 18. The operator may notpermit 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 withhowthe UAS will be operated under 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 consistentwith 14 C.F.R. § 61.51(b). Flights for the purposes oftraining the operator's PICs are permitted underthe terms ofthe exemption. However, training operations may only be conducted during dedicated training sessions. During training, proficiency, and experience-building flights, all persons not essential for flight operations are considerednonparticipants, andthe 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.P.R.§ 1.1. All operations must be conducted under visual meteorological conditions (VMC). Ifflight at night is required, a special request will bemade at the FAA office closestto proposed area ofoperations. Flights under special visual flight rules (SVFR) are not authorized.

2420. The UAmay not operate within 5 nautical miles ofan 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 operation is conducted in accordance with a NOT AM as required by the operator's COA. The letter ofagreement withthe airport management must be made available to the Administratoruponrequest. 21. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC. 22. Ifthe UA loses communications or loses its GPS signal, it mustreturn to a predetermined location within the planned operating area and land or be recovered in accordance withthe operating documents. 23. The PIC must abort the flight inthe event ofunpredicted obstacles or emergencies in accordance withthe operating documents. 24. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enoughpowerto fly at normal cruising speedto the intended landing point and landthe UA with 25% battery power remaining. 25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate ofWaiver or Authorization (COA) prior to conducting any operations underthe grant ofexemption. 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 inthe ATO issued COA including class ofairspace, altitude level and potential transponder requirements. 26. All aircraft operated in accordance withthe exemptionmust 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, the radio frequency spectrum used for operation and control ofthe UA must comply withthe Federal Communications Commission (FCC) or other appropriate government oversight agency requirements. 28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 mustbe available to the PIC atthe Ground Control Station ofthe UAS any time the UAS is operating. These documents mustbe made available to the Administrator or any law enforcement official upon request. 29. The UAmust remain clear andyieldthe right ofway to all manned aviation operations and activities at all times.

2530. The UAS may notbe 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 otherthan the PIC, SO, operator trainees or essential persons), vessels, vehicles, and structures unless:

a. Barriers or structures are presentthat sufficiently protectnonparticipating persons from the UA and/or debris in the event ofan accident. The operator must ensure that nonparticipating persons remain under such protection. Ifa situation arises where nonparticipating persons leave such protection and are within 500 feet ofthe UA, flight operations must cease immediately and/or; b. The aircraft is operated near vessels, vehicles or structures where the owner/controller ofsuch vessels, vehicles or structures has granted permission and the PIC has made a safety assessment ofthe risk of operating closerto those objects and determined that it does notpresent 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 overprivate or controlled-access property with permission from the land owner/controller or authorizedrepresentative. Permission from land owner/controller or authorized representative will be obtained for each flight to be conducted. 33. Any incident, accident, or flight operationthat transgresses the lateral or vertical boundaries ofthe operational area as defined by the applicable COA mustbe 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 onthe NTSB Web site: www.ntsb.gov. 2. Reasons Why An Exemption From The Requirements OfSection 61.113(a) And (b) Would Not Adversely Affect Safety. Mortensen Photography submits that the equivalent level ofsafety 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 1UASs unless that PIC has demonstrated, by meeting minimum flight-hour and currency requirements, thatthe PIC is able to safely operate the DJI Phantom 3 Professional or DJI Inspire 1UAS in a manner consistent with

26the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Considering Mortensen Photography's proposed area ofoperations, and the operating limitations set forth-above; the parallel nature ofprivate pilot aeronautical knowledge requirements to those ofcommercial pilotrequirements (See ExemptionNo. 11062); and the airmanship skills necessary to safely operate the DJI Phantom 3 Professional or DJI Inspire 1UAS, MortensenPhotography submits that the additional manned airmanship experience ofa commercially certificatedpilotwould not correlate to the airmanship skills necessary for Mortensen Photography's specific proposed flight operations. The FAAhas previously granted relieffrom Section 61.113(a) and (b) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. ExemptionNos. 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 1UAS unless that PIC has demonstrated, by meeting minimum flight-hour requirements or the DJI Phantom 3 Professional or DJI Inspire 1UAS training and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 Professional or DJI Inspire 1UAS in a manner consistent withthis exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Specifically, the PIC musthave accumulated and logged, in a manner consistent with 14 C.P.R. 

### § 61.51(b), 25 hours oftotal time as a UAS rotorcraft pilot (with a



### 27minimum of5 hours ofthose 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 inthe preceding 90 days (for currency purposes). As in ExemptionNos. 11062, 11138, and 11153, prior documented flight experience that was obtained in compliance with applicable regulations will ensure an equivalent level ofsafety during Mortensen Photography's proposed operations. The Administratorhas held thatprior documented flight experience that was obtained in compliance with applicable regulations would ensure safe operations, stating as follows: In ExemptionNo. 11062, the FAArequired thatprior to conducting operations for the purpose ofmotionpicture filming (or similar operations), the PIC must have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of total time as a UAS rotorcraftpilot including at least 10 hours logged as a UAS pilot with a multi-rotor UAS. Prior to operations under ExemptionNo. 11062, the PIC must also have accumulated and logged a minimum of5 hours as a UAS pilot operating the same make and model ofUAS 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 ofmulti-rotor time andthe 10 hours may be included in the total25 hours ofUAS 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 inExemptionNo. 11062 are appropriate to practice and build proficiency in the skills necessary to safely conduct the petitioner's proposed operations. The FAA also finds thatprior documented flight experience 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 ofexemption to accomplishthe required flight time. During training, 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. ExemptionNo. 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 1UAS unless that PIC has demonstrated, by meeting minimum flight-hour and currency requirements, thatthe

28PIC is able to safely operate the DJI Phantom 3 Professional or DJI Inspire 1UAS in a

manner consistentwiththe exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. 3. Reasons Why An Exemption From The Requirements OfSection 91.7(a) Would Not Adversely Affect Safety. The equivalent level ofsafety established by Section 91.7(a) will be maintained because priorto every flight, Mortensen Photography will ensure that the DJI Phantom 3 Professional or DJI Inspire 1UAS is in an airworthy conditionbased upon the UAS's compliance with its operating documents and as stated inthe conditions and limitations herein. Additionally, the FAA has previously granted relieffrom Section 91.7(a) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. ExemptionNos. 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 OfSection 91.121 Would Not Adversely Affect Safety. The equivalent level ofsafety established by Section 91.121 will be maintained because the altitude information ofthe DJI Phantom 3 Professional and DJI Inspire 1UAs will be providedto the PIC via GPS equipment and a radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring ofthe flight path and altitude. This altitude information, combined with Mortensen Photography's operation of the DJI Phantom 3 Professional and DJI Inspire 1UAs within visual line ofsight, at or below 500 feet AGL, will ensure a level ofsafety equivalentto Section 91.121. The altitude information will be generated by GPS equipment installed onboardthe aircraft.

29Prior to each flight, a zero altitude initiationpoint is automatically established by the UASs at ground level. The FAAhas previously grantedrelieffrom Section 91.121 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, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). 

### 5. Reasons Why An Exemption From The Requirements OfSection 

### 91.15l(b) Would Not Adversely Affect Safety. A grant ofthis exemption would ensure an equivalent level ofsafety establishedby 14 C.F.R. Section 91.151(b) as a result of(1) the technical specifications ofthe DJI Phantom 3 Professional and DJI Inspire 1UASs; (2) the limitations onthe proposed flight operations; and (3) the location ofthe proposed flight operations. Accordingly, Mortensen Photography will ensure that it will safely operate the battery poweredDJI Phantom 3 Professional and DJI Inspire 1UAs during daylight hours in VFRconditions, with enough battery powerto fly for a total duration of 13.5 minutes to the first point ofintended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes. Here, as in ExemptionNo. 11109, the technical specifications ofthe DJI Phantom 3 Professional and DJI Inspire 1UASs; the limitations onthe proposed flight operations; and the location ofthe proposed operations, will ensure an equivalent level ofsafety established by 14 C.F.R. Section 91.151(b). Furthermore, safety will be ensured as the DJI Phantom 3 Professional and DJI Inspire 1UASs provide audible and visual warnings to the PIC at the GCS when the UAs experiences lowbattery voltage, the first warning occurring at approximately 33% remaining battery power, and again at approximately 10%

30remaining battery power. At the critically lowbattery level, the DJI Phantom Vision+ and DJI Inspire 1UASs will descend and land automatically. Significantly, previous exemptions granted by the FAA concerning Section 91.151 establishthat safety is not adversely affected whenthe technical characteristics and operating limitations ofthe UAS are considered. Reliefhas been granted for manned aircraft to operate at less thanthe minimums prescribed in Section 91.151, including ExemptionNos. 2689, 5745, and 10650. Moreover, the FAAhas previously granted relief from Section 91.151 specific to UAS, incircumstances similar, in all material respects, to those presented herein (e.g. ExemptionNos. 8811, 10808, 10673, 11042, 11062, 11063, 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 OfSections 91.405(a), 91.407(a)(l), 91.409(a)(l) & (a)(2), And 91.417(a) & (b) Would NotAdversely Affect Safety. In seeking this exemption, Mortensen Photography submits thatthe equivalent level ofsafety withregard to the regulatory maintenance and alteration requirements established by Sections 91.405(a), 91.407(a)(l), 91.409(a)(l) & (a)(2), and 91.417(a) & (b) will be met because Mortensen Photography will use trained technicians to perform maintenance, alterations, orpreventive maintenance on the UASs using the methods, techniques, and practices prescribed inthe operating documents (i.e., the Mortensen Photography Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Professional and DJI Inspire 1Instruction Manual). Furthermore, Mortensen Photography will document and maintain all maintenance records for the DJI Phantom 3 Professional and DJI Inspire 1UASs.



### 31Since the DJI Phantom 3 Professional and DJI Inspire 1UASs will be inspected as prescribed by the operating documents, Mortensen Photography will maintain the equivalent level ofsafety established by Sections 91.405(a), 91.409(a)(l), and 91.409(a)(2). A copy ofthe DJI Phantom 3 Professional and DJI Inspire 1User Manuals

are attached hereto as Exhibit C and D; a copy ofthe DJI Phantom 3 Professional and DJI Inspire 1UAS Maintenance LOG is attached hereto as Exhibit E. Likewise, the exemption sought will not adversely affect safety because Mortensen Photography will use trained technicians to perform maintenance, alterations orpreventive maintenance on the UAS using the methods, techniques, and practices prescribed by the operating documents. Furthermore, the exemption sought would maintain an equivalent level ofsafety established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance ofthe DJI Phantom 3 Professional and DJI Inspire 1UASs 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)(l) & (a)(2), and 91.417(a) & (b) establishthat safety is not adversely affected when the technical characteristics and operating limitations ofthe UAS are considered. Inconsideration ofMortensen Photography's proposed operating limitations, the operating documents, and the technical aspects ofthe DJI Phantom 3 Professional and DJI Inspire 1UASs, 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)(l) and (a)(2),



### 3291.409(a)(2), and 91.417(a) and (b). The FAA has previously granted reliefspecific to UAS in circumstances similar, in all material respects, to those presentedherein (e.g. ExemptionNos. 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 ofthe FAA Modernization and Reform Act of2012 (FMRA) and 14 C.P.R.§ 21.16 entitled Special Conditions, Mortensen Photography requests thatthe FAAprescribe special conditions for the intended operation ofthe DJI Phantom 3 Professional and DJI Inspire 1 UASs, which contain such safety standards that the Administrator finds necessary to establish a level ofsafety equivalentto that established by 14 C.P.R. Part 21, SubpartH, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 91.407(a)(l), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions will permit safe operation ofthe UAs for the limited purpose of conducting aerial video and photography over certain areas ofthe United States for compensation orhire. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users ofthe NAS orthe 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 mustbe established for the safe operation ofthe UAS inthe NAS. Likewise, the Administrator mayprescribe special conditions pursuantto 14 C.F.R. § 21.16, for operation ofthe DJI Phantom 3 Professional and DJI Inspire 1UASs, since the airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate



### 33safety standards, due to the novel orunusual design features ofthe aircraft. Section 21.16, entitled Special Conditions, states the following: Ifthe FAA finds thatthe airworthiness regulations ofthis subchapter do not contain adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller because ofa novel or unusual design feature ofthe aircraft, aircraft engine or propeller, he prescribes special conditions and amendments thereto for the product. The special conditions are issued in accordance withPart 11 ofthis chapter and contain such safety standards for the aircraft, aircraft engine orpropeller as the FAAfinds necessary to establish a level ofsafety equivalentto that established in the regulations. See 14 C.P.R. § 21.16. Therefore, in accordance withFMRA Section 333 and 14 C.P.R.§ 21.16, the FAA may prescribe special conditions for Leading Edge's intended operation ofthe DJI Phantom 3 Professional and DJI Inspire 1UASs, which contain such safety standards that the Administrator finds necessary to establish a level ofsafety equivalentto that established by 14 C.P.R. Part 21, SubpartH, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(l), 91.409(a)(l) & (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 exemptionfrom 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)(l) & (a)(2), and91.417(a) & (b). A BriefDescription OfThe Nature OfThe Exemption Mortensen Photography Seeks: This exemption willpermitMortensen Photography to commercially operate an UnmannedAircraftSystem (UAS)for thepurpose of conductingaerial video and photography over certain areas of the UnitedStates. G. Any Additional Information, Views, Or Arguments Available To Support Mortensen Photography's Request. This Petition is madepursuant to the FAA Modernization and Reform Act of2012
34(FMRA) Section 333, which directs the Secretary ofTransportationto determine ifcertain UAS may operate safely inthe NAS. As such, Mortensen Photography'srequest for exemptionmay be granted pursuantto the authority ofFMRA 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 ofthe NAS orthe 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, MortensenPhotography will operate the DJI Phantom 3 Professional and DJI Inspire 1UASs safely inthe NAS, without creating a hazard to

users oftheNAS, or the public, or otherwise pose a threat to national security. CONCLUSION As set forth herein, Mortensen Photography seeks an exemptionpursuantto 14 C.F.R. 

### § 11.61 and Section 333 ofthe FAAModernization and Reform Act of2012 (FMRA), which will permit safe operation ofthe DJI Phantom 3 Professional and DJI Inspire 1UASs commercially, without an airworthiness certificate, for the limited purpose ofconducting aerial video and photography over certain areas ofthe United States. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate oftheFAA Modernization and Reform Act of2012, while also advancing the interests of the public, by allowing Mortensen Photography to safely, efficiently, and economically operate the DJI Phantom 3 Professional and DJI Inspire 1UASs commercially within the NAS.



### 35WHEREFORE, in accordance withthe Federal Aviation Regulations and the FAA Modernization and Reform Act of2012, Section 333, Mortensen Photography respectfully requests thatthe Administrator grantthis 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)(l) & (a)(2), and 91.417(a) & (b), and permitLeading Edge to operatethe Dn Phantom 3 Professional and DnInspire 1UASs commercially for the purpose of conducting aerial video and photography over certain areas ofthe United States. Dated: July 8, 2015

Appendices: Respectfully submitted,

Mortensen Photography 1288 River Place Blvd. Waukesha, WI 53189 Tel: (262) 754-8889

A

- DJI Phantom 3 Professional Specifications Data Sheet B

- DJI Inspire 1 Specifications Data Sheet C

- DJI Phantom 3 Professional Manufacturer's UserManual D- DJI Inspire 1Manufacturer's User Manual E - Monthly Maintenance Log

36 \APPENDIX-A DJI PHANTOM 3 PROFESSIONAL TECHNICAL SPECIFICATIONS Mortensen Photography only utilizes safe and reliable UASs. DJI is an industry leader in small UAS production. DJI UASs are loaded with groundbreaking software enabling the user to setparameters which will not allow flight into controlled airspace. Parameters can also be setto limit flight to no higher than a predetermined and set altitude as well as limit flight to a predetermined and set distance. In addition, DJI software provides real-time altitude and location information to the PIC viathe linked monitor (smartphone/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 (1280g) 1.1.1.3 Hover Accuracy (Ready to Fly)- Vertical: .5m; Horizontal: 1.5m 1.1.1.4 Max Yaw Angular Velocity

- 200°/s 1.1.1.5 Max TiltAngel

- 350 1.1.1.6 Max Ascent Speed- 5m/s 1.1.1.7 Max Descent Speed

- 3mis 1.1.1.8 Max Flight Speed -16m/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° 1.1.2.3 Controllable Range

- Pitch: -900

- 

# oo 1.1.2.4 Maximum Angular Speed- Pitch: 90°/s 1.1.3 Camera 1.1.3.1 Operating Temperature Range- 320F- 1040F (OOC- 400C) 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 ofView- ll00/850 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: 1OOm W 1.1.4.5 WorkingVoltage-120mA@3.7V 1.1.5 Range Extender



### 371.1.5.1 Operating Frequency- 2412-2462MHz 1.1.5.2 CommunicationDistance (unobstructed)- 500-700m 1.1.5.3 Transmitter Power- 20dBm 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 enabling the user to setparameters whichwill not allow flight into controlled airspace. Parameters can also be setto limit flight to no higherthan a predetermined and set altitude as well as limit flight to a predetermined and set distance. In addition, DJI software provides real-time altitude and location informationto the PIC viathe linked monitor (smartphone/tablet devices) 2.2 DJI Inspire 1 2.2.1 Aircraft 2.2.1.1 Model- T600 2.2.1.2 Weight (BatteryIncluded)- 6lbs 7.5291oz (2935g) 2.2.1.3 HoveringAccuracy (GPS Mode)- Vertical: 0.5m; Horizontal: 2.5m 2.2.1.4 Max AngularVelocity- Pitch: 300° 

### fs; Yaw: 150° 

### fs 2.2.1.5 Max TiltAngle- 35° 2.2.1.6 Max Ascent Speed- 

### 5mjs 2.2.1.7 Max DescentSpeed- 4m/s 2.2.1.8 Max Speed- 22mjs (ATTI mode, no wind- NOT RECOMMENDED) 2.2.1.9 Max FlightAltitude- 4500m 2.2.1.10 Max Wind Resistance- 

### 10mfs 2.2.1.11 Max FlightTime- Approximately 18 minutes 2.2.1.12 Motor Model- DJI 3510 2.2.1.13 Propeller Model- DJI 1345 2.2.1.14 OperatingTemperature Range- 14°Fto 104°F (-10°C to 40°C) 2.2.1.15 Dimensions- 17 %" x 17 %" 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: 11 W 2.2.2.3 Operating Current- Static: 750mA; In Motion: 900mA 2.2.2.4 AngularVibration Range- ±0.03°

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### 2.2.2.5 Mounting

- Detachable 2.2.2.6 Controllable Range- Pitch: -90° to +30°; Pan: ±320° 2.2.2.7 Mechanical Range- Pitch: -125° to 45°; Pan: ±330° 2.2.2.8 Max Controllable Speed- Pitch: 120° 

### js; Pan: 180° 

### js 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 ofView- 94° 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:1280x720p24/25/30/48/50j60 2.2.3.10 OperatingTemperature Range- 32°F- 104°F (0°C- 40°C) 2.2.4 Transmitter 2.2.4.1 Name- C1 2.2.4.2 Operating Frequency- 5.728-5.850GHz; 2.400-2.483GHz 2.2.4.3 Communicating Distance (unobstructed)- 2000m 2.2.4.4 OutputPower

- 9W 2.2.4.5 OperatingTemperature Range- 14°Fto 104°F (-10°C to 40°C) 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.djiinnovations.com/downloads/phantom 3/en/Phantom 3 Professional User Manual v1.2 en.pdf

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### APPENDIX-D DJI Inspire 1Manufacturer's User Manual A link may be found at:

http://download.djiinnovations.com/downloads/inspire lien/Inspire 1 User Manual vl.2 en.pdf

APPENDIX-E

MONTHLY MAINTENANCE LOG month· year· UAS.#: . Date Issue Date Issue Issue Description & Maintenance Conducted Maintenance Performed By: Discovered Addressed Print & Sign Software Updates
Airframe Engines Propellers
Camera Gimbal Landing Gear

Vibration Dampening
Other:

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