UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL

AVIATION ADMINISTRATION WASHINGTON, DC

Regulatory Docket No. _______________

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

Brian P. Scieszka

FOR AN 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 UNMANNED

AIRCRAFT SYSTEMS

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112­95)

Submitted on February 2, 2016

Brian P. Scieszka

2955 Lakeshore Dr

Fennville, MI 49408

Tel: (810) 513­7107
TABLE OF CONTENTS

Page

GLOSSARY OF ABBREVIATIONS..............................................................................3

SUMMARY....................................................................................................................4

INTRODUCTION AND INTERESTS OF PETITIONER................................................4

BACKGROUND............................................................................................................4

BASIS FOR PETITION.................................................................................................5

NAME AND ADDRESS OF PETITIONER....................................................................8

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH Brian P. Scieszka SEEKS

EXEMPTION.................................................................................................................8

THE EXTENT OF RELIEF Brian P. Scieszka SEEKS AND THE REASON Brian P.

Scieszka SEEKS THE RELIEF.....................................................................................12

THE REASONS WHY GRANTING Brian P. Scieszka’S REQUEST WOULD BE IN THE

PUBLIC INTEREST .....................................................................................................15

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY

AFFECT SAFETY.........................................................................................................19

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER.................33

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO

SUPPORT Brian P. Scieszka’S REQUEST...................................................................33

CONCLUSION...............................................................................................................34

APPENDICES................................................................................................................35

2
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 Regulations

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 Visual Line of Site

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing
SUMMARY

Brian P. Scieszka 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), 91.409(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

Brian P. Scieszka 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

Brian P. Scieszka, Realtor, provides its clients with expertise and knowledge in

advanced technologies and solutions to increase efficiency, productivity and

effectiveness. Brian P. Scieszka has two years of experience in real estate, and has

been a hobby UAS enthusiast for years. He also has 30 plus successful years of

experience as a public educator as a principal, teacher, and coach at the k­12 levels.

He also has years of recreational/hobby experience in all aspects of aerial video and

photography. The objective of Brian P. Scieszka’s aerial video and photography

operations is to provide high quality imaging for a variety of commercial, public, and

residential uses, specifically targeting:

Real estate listings posted on the MLS and social media for sale

Motion Picture Filming

Aerial acquisitions used for inspections of public and private structures.

Increase public knowledge of UAS and promote safe UAS operations.

4
BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 3 Professional

Brian P. Scieszka seeks an exemption to operate DJI Phantom 3 Professional for

compensation or hire within the NAS. The DJI systems 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 has a maximum gross weight of

approximately 1280g (2 pounds 13.15 ounces), while having a diagonal length of 689

mm (27.13 inches), and a maximum speed of approximately 16m/s (ATTI mode, no

wind).

The DJI Phantom 3 Professional that will be operated by Brian P. Scieszka will be

registered in accordance with 49 U.S.C. 44103, Registration of Aircraft, as well as 14

C.F.R Part 47, Aircraft Registration, and marked in accordance with 14 C.F.R. Part 45,

Identification and Registration Marking.

BASIS FOR PETITION

Petitioner, Brian P. Scieszka, pursuant to the provisions of the Federal Aviation

Regulations (14 C.F.R. § 11.61) and the FAA 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

UAS 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).

5
In consideration of the speed, weight, size, and limited operating area associated with

the unmanned aircraft and its operation, Brian P. Scieszka’s operation of DJI Phantom 3

Professional UAS 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, Brian P. Scieszka 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 with an airworthiness certificate.

Brian P. Scieszka submits that the requested relief is proper since an equivalent level of

safety will be ensured. Brian P. Scieszka will use experienced personnel or technicians

to perform maintenance, alterations, 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 Instruction Manual).

Furthermore, Brian P. Scieszka will document and maintain all maintenance records for

the DJI Phantom 3 Professional UAS.

Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot

privileges and limitations: Pilot in command, is requested by Brian P. Scieszka 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, by

meeting minimum flight­ hour and currency requirements, that the PIC is able to safely

operate the DJI Phantom 3 Professional UAS in a manner consistent with this

exemption, including evasive and emergency maneuvers and maintaining appropriate

distances from people, vessels, vehicles and structures.

6
Brian P. Scieszka seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness,

because the DJI Phantom 3 Professional UAS do not require an airworthiness

certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, Brian P. Scieszka

submits that he will ensure that the DJI Phantom 3 Professional UA is in an airworthy

condition, prior to every flight, by determining that the UAS is in compliance with the

operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Professional

Instruction Manual), and that the aircraft is in a condition for safe flight.

Brian P. Scieszka also seeks an exemption from the requirements of Section 91.121,

entitled Altimeter Settings, as the DJI Phantom 3 Professional UAS will not have a

typical barometric altimeter onboard. However, altitude information of the DJI Phantom

3 Professional UA will be provided to the PIC via Global 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 Brian P. Scieszka’s operation of the DJI Phantom 3 Professional UAS within visual

line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to Section

91.121.

Additionally, Brian P. Scieszka seeks an exemption from the requirements of Section

91.151(b), entitled Fuel requirements for flight in VFR conditions. Brian P. Scieszka

submits that safety will not be affected by operation of the DJI Phantom 3 Professional

UA 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.

7
In accordance with 14 C.F.R. § 11.81, Brian P. Scieszka 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:

Brian P. Scieszka

2955 Lakeshore Dr

Fennville, MI 49408

Tel: (810) 513­7107

Email: bpshez@gmail.com

B. The Specific Sections Of 14 C.F.R. From Which Brian P. Scieszka Seeks

Exemption.

1. Brian P. Scieszka 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 in 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

connection 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.

2. Brian P. Scieszka Seeks Exemption From The Requirements Of Section

91.7(a).

8
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. Brian P. Scieszka Seeks Exemption From The Requirements 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 reference 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 prescribed 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 setting available before

departure.

4. Brian P. Scieszka 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 begin 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. Brian P. Scieszka Seeks Exemption From The Requirement Of Section

91.405(a).

9
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 prescribed 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. Brian P. Scieszka Seeks Exemption From The Requirements 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, preventive

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. Brian P. Scieszka 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 inspection 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 chapter.

8. Brian P. Scieszka Seeks Exemption From The Requirements Of Sections

91.417(a) And 91.417(b).

10
Section 91.417, entitled Maintenance 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 in

paragraph (b) of this section:

(1) Records of the maintenance, preventive maintenance, and alteration and

records of the 100­hour, annual, progressive, 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 information:

(i) The total time in service of the airframe, each engine, each propeller,

and each rotor.

(ii) The current status of life­limited parts of each airframe, engine,

propeller, rotor, and appliance.

(iii) The time since last overhaul of all items installed 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 appliances 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 recurring 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.

(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 retained until the defects are repaired and the aircraft is

approved for return to service.

C. The Extent Of Relief Brian P. Scieszka Seeks And The Reason Brian P.

Scieszka Seeks The Relief.

1. Extent Of Relief Brian P. Scieszka Seeks And The Reason Brian P.

Scieszka 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 flight­hour and currency requirements, to conduct the

proposed UAS flight operations for compensation or hire.

This relief is 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 of an aircraft in connection

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.

As set forth more fully below, Brian P. Scieszka submits that an equivalent level of

safety will be maintained because no PIC will be allowed to operate the DJI Phantom 3
Professional UAS unless that PIC has met certain flight­hour and currency

requirements, demonstrating that the PIC is able to safely operate either the DJI

Phantom 3 Professional UAS in a manner consistent with the operations specifications

as described in this exemption, including evasive and emergency maneuvers, as well as

maintaining appropriate distances from people, vessels, vehicles and structures.

Further, Brian P. Scieszka submits that all flights of the DJI Phantom 3 Professional

UAS, conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to

Brian P. Scieszka’s business; and (2) will not carry passengers or property for

compensation or hire.

2. Extent Of Relief Brian P. Scieszka Seeks And The Reason Brian P.

Scieszka 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 Brian P. Scieszka to determine that the DJI Phantom 3 Professional

UAS is in airworthy condition prior to every flight by ensuring that the UAS is in

compliance with the operating documents (i.e., the Brian P. Scieszka Aerial Operations

Manual, Monthly Maintenance Log, and DJI Phantom 3 Professional Instruction

Manual).

Brian P. Scieszka seeks the requested relief because the DJI Phantom 3 Professional

UAS does not require an airworthiness certificate in accordance with 14 C.F.R. Part 21,

Subpart H. Therefore, Brian P. Scieszka will ensure that the DJI Phantom 3

Professional UAS is in airworthy condition based upon its compliance with the operating

documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Professional 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 Brian P. Scieszka Seeks And The Reason Brian P.

Scieszka Seeks Relief From Section 91.121.

Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight

operations of the DJI Phantom 3 Professional UAS, 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

13
(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), Brian P.

Scieszka seeks the requested relief because the DJI Phantom 3 Professional UA

altimeter may be set on the ground to zero feet AGL, rather than the local 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 UA is equipped with a barometric

pressure sensor and GPS equipment, which automatically ensures that a ground level

pressure setting will be established prior to each flight, and provides the PIC with

altitude information of the UA on the heads­up display of the GCS.

4. Extent Of Relief Brian P. Scieszka Seeks And The Reason Brian P.

Scieszka Seeks Relief From Section 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 UA during daylight hours in visual 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.

Brian P. Scieszka seeks the requested relief because without an exemption from

Section 91.151(b), the flight time duration of the battery powered DJI Phantom 3

Professional UA will severely constrain the practicality of any aerial video or still photo

flight operations that Brian P. Scieszka proposes to conduct pursuant to this Petition.

14
Significantly, as set forth below, the technical specifications of the DJI Phantom 3

Professinal UAS, the DJI Phantom 3 Professional operating documents, and Brian P.

Scieszka’s proposed operating limitations, ensure that Brian P. Scieszka will safely

operate the battery powered DJI Phantom 3 Professional UA during daylight hours in

visual meteorological conditions (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 Brian P. Scieszka Seeks And The Reason Brian P.

Scieszka 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, Brian P. Scieszka requests relief

from these Sections because the DJI Phantom 3 Professional UAS does not require

airworthiness certificates. As set forth more fully below, the DJI Phantom 3 Professional

UAS meets the conditions of FMRA Section 333 for operation without an airworthiness

certificate. Accordingly, Brian P. Scieszka will use trained technicians to perform

maintenance, alterations, or preventive maintenance on the UASs using the methods,

techniques, and practices prescribed in the UAS operating documents (i.e., the Brian P.

Scieszka Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3

Professional Instruction Manual). Furthermore, Brian P. Scieszka will document and

maintain all maintenance records for the DJI Phantom 3 Professional UAS.

D. The Reasons Why Granting Brian P. Scieszka’s Request Would Be In The

Public Interest; That Is, How It Would Benefit The Public As A Whole.

15
Granting the present Petition will further the public interest by allowing Brian P.

Scieszka to safely, efficiently, and economically perform aerial video and photography

of construction sites, real estate, and landscape over certain areas of the United States.

Additionally, use of the DJI Phantom 3 Professional UAS will decrease congestion of

the NAS, reduce pollution, and provide significant benefits to the economy. Notably, the

benefits of Brian P. Scieszka’s proposed operation of the DJI Phantom 3 Professional

UAS will be realized without implicating any privacy issues.

1. The Public Will Benefit From Decreased Congestion Of The NAS.

The DJI Phantom 3 Profession UA 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 exemption allowing the use of a DJI Phantom 3 Professional 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.

Furthermore, 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 UA do not require an airport to takeoff or land.

Likewise, a reduction of manned aircraft conducting aerial video and photography

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 UAS.

16
Conducting aerial acquisitions with the DJI Phantom 3 Professional UAS, 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

UAS 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 and photography, while burning approximately 20­30

gallons per hour of leaded aviation fuel. The DJI Phantom 3 Professional UA, while

reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as

the UA is propelled by battery powered electric motors, rather than an internal

combustion engine.

By using the DJI Phantom 3 Professional UAS 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 UA, has less physical potential for

collateral damage to life and property on the ground, and in the air, compared 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).

17
3. Performing Aerial Video and Photography Operations With The DJI

Phantom 3 Professional UAS Will Benefit The Economy.

In addition to being safe and efficient, the DJI Phantom 3 Professional UAS is also an

economical alternative to using manned aircraft to conduct similar aerial operations. As

such, operation of the DJI Phantom 3 Professional UAS will allow United States based

companies, like Brian P. Scieszka, 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 technology in order to

remain competitive. Operating the battery powered DJI Phantom 3 Professional UAS is

one such technology that not only allows companies greater operational flexibility

compared to manned aircraft, but provides such flexibility without the high operational

cost of a traditional manned aircraft.

By operating the DJI Phantom 3 Professional UAS, companies such as Brian P.

Scieszka, 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 UAS, provides a stable workforce 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.

4. There Are No Privacy Issues.

Similar to the manned aerial acquisition flight operations that have been conducted for

decades, Brian P. Scieszka’s proposed operation of the DJI Phantom 3 Professional

18
UAS will not implicate any privacy issues. Specifically, the DJI Phantom 3 Professional

UAS will be operated only in compliance with operating documents (i.e., the Brian P.

Scieszka Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3

Professional 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 Exemption 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 Brian P. Scieszka Seeks Exemption.

1. Reasons Why The DJI Phantom 3 Professional UA Meet 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, Brian P. Scieszka’s operation of the DJI

Phantom 3 Professional UAS 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 airworthiness 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:

(a) In 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.

19
(b) Assessment of Unmanned Aircraft Systems.­­In making the determination

under subsection (a), the Secretary 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 create 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 national

airspace system, the Secretary shall establish requirements for the safe

operation of such aircraft systems in the national airspace system.

In seeking this exemption, Brian P. Scieszka submits that the DJI Phantom 3

Professional UAS can operate safely in the NAS pursuant to FMRA Section 333, as

demonstrated by: (a) the characteristics of the DJI Phantom 3 Professional UASs; (b)

the pilot certification requirement; and (c) the specific operating limitations.

a. The Specifications Of The DJI Phantom 3 Professional UAS Demonstrate

Its Safe Characteristics.

The DJI Phantom 3 Professional UAS 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 UAS.

The technical specifications of the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs are

set forth by the DJI Phantom 2 Vision+ and DJI Inspire 1 Specifications and Data Sheet,

attached hereto as Exhibit A and B.

20
ii. The DJI Phantom 3 Professional UAS Autonomous Flight And

Navigation Modes Enable The UAS To Remain Within A Defined

Operational Area.

The DJI Phantom 3 Professional UAS 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 UAS is provided at pages 25­35 of the DJI Phantom 3

User Manuals, attached hereto as Exhibit C and D.

iii. The DJI Phantom 3 Professional UAS Is 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 UA will remain stationary,

in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 3 Professional UA

do not reacquire control link data from the GCS, the UA will assume that the Control

Link is lost and the UA will return to the home position (i.e., failsafe mode) via GPS, and

will descend to the takeoff position and shutdown.

A complete description of the Failsafe Functions of the DJI Phantom 3 UAS are set forth

at pages 27 through 29 User Manuals, attached hereto as Exhibit C and D.

iv. The DJI Phantom 3 Professional GCS And Its Operation.

A complete description of the operation and specifications of the DJI Phantom 3

Professional GCS and flight control software is provided at pages 32 through 43 of the

User Manual

21
1 User Manual. DJI Phantom 3 Professional User Manual is attached hereto as Exhibit

C.

b. Flight Operations Of DJI Phantom 3 Professional UAS Is Limited To The

Line Of Sight Of A Certificated Pilot in Command With A Safety Observer.

Brian P. Scieszka 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 UAS. Additionally, a safety observer will assist all pilots during flight time.

c. Flights Of DJI Phantom 3 Professional UAS Will Be Conducted Pursuant

To Specific Operating Limitations.

In seeking this exemption, Brian P. Scieszka proposes to commercially operate DJI

Phantom 3 Professional UAS 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 UAS weighing less than

55 pounds maximum gross weight: DJI Phantom 3 Professional Unmanned

Aircraft Systems. Proposed operations of any other aircraft will require a new

petition or a petition to amend this grant.

2. UAS operations under this exemption will be limited to conducting operations

for the purpose of aerial video and photography.

3. The UA 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 operating

documents unless a special request is made and approved by ATC. All altitudes

reported to ATC must be in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) 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 FAA­issued airman

medical certificate.

22
6. The use of first person view (FPV) by the PIC or safety 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 times.

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

functions 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

instruments.

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 exemption 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 documents 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

exemption. The FAA’s UAS Integration Office (AFS­80) 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. If 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 Station must be included in the preflight

inspection. All maintenance and alterations must be properly documented in the

aircraft records.
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 pre­flight 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 noted 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 Bulletins.

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

third­ 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 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 consistent with 14 C.F.R. §

61.51(b). Flights for the 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

experience­building flights, all persons not 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.

20. The UA may not operate within 5 nautical miles of an airport reference point

as denoted on a current FAA­published aeronautical chart unless a letter of

agreement with that airport’s management is obtained, and the operation 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 than 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 be

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 (considering 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 Certificate

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 must 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 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 91.203 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 right of way to all manned aviation

operations and activities at all times.

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:

26
a. Barriers or structures are present that sufficiently protect

nonparticipating persons from the UA and/or debris in the event of an

accident. The 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 aircraft 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 controlled­access 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 that 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 (AFS­80) 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.

Brian P. Scieszka submits that 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 UAS unless that PIC has demonstrated, by meeting minimum

flight­hour and currency requirements, that the PIC is able to safely operate the DJI

Phantom 3 Professional UAS in a manner consistent with the exemption, including

evasive and emergency maneuvers and maintaining appropriate distances from people,

vessels, vehicles and structures.

27
Considering Brian P. Scieszka’s proposed area of operations, and the operating

limitations set forth­above; the parallel nature of private pilot aeronautical knowledge

requirements to those of commercial pilot requirements (See Exemption No. 11062);

and the airmanship skills necessary to safely operate the DJI Phantom 3 Professional

UAS, Brian P. Scieska submits that the additional manned airmanship experience of a

commercially certificated pilot would not correlate to the airmanship skills necessary for

Brian P. Scieszka’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).

Brian P. Scieszka will not allow any PIC to operate the DJI Phantom 3 Professional

UAS unless that PIC has demonstrated, by meeting minimum flight­hour requirements

or the DJI Phantom 3 Professional UAS training and currency requirements, that the

PIC is able to safely operate the DJI Phantom 3 Professional 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 and logged, in a manner consistent with

14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a 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 applicable regulations will ensure an equivalent

level of safety during Brian P. Scieszka’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 CFR 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 multi­rotor UAS. Prior to operations under Exemption No. 11062, the

PIC must also have accumulated and logged a minimum of 5 hours as a UAS
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 multi­rotor 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 flight­hour

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 experience that was

obtained in compliance with applicable regulations would satisfy this requirement.

Training, proficiency, and experience­building flights can also be conducted

under the grant of exemption to accomplish the required flight time. During

training, proficiency, and experience­building 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, Brian P. Scieszka will ensure safe operations by not allowing any PIC

to operate the DJI Phantom 3 Professional UAS unless that PIC has demonstrated, by

meeting minimum flight­hour and currency requirements, that the PIC is able to safely

operate the DJI Phantom 3 Professional 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, Brian P. Scieszka will ensure that the DJI Phantom 3 Professional

UAS is in an airworthy condition 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 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).

29
4. Reasons Why An Exemption From The Requirements Of Section 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 UA will be provided to the

PIC via GPS equipment 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 Brian P. Scieszka’s operation of the DJI

Phantom 3 Professional UA 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. 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.

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 Of Section

91.151(b) Would Not Adversely Affect Safety.

A grant 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 UAS; (2) the limitations on the proposed flight operations; and

(3) the location of the proposed flight operations. Accordingly, Brian P. Scieszka will

ensure that it will safely operate the battery powered DJI Phantom 3 Professional UA

during daylight hours in VFR conditions, 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.

Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom 3

Professional UAS; 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 will be ensured as the DJI Phantom 3

Professional UAS provide audible and visual warnings to the PIC at the GCS when the

UA experiences low battery voltage, the first warning occurring at approximately 33%

remaining battery power, and again at approximately 10% remaining battery power. At

the critically low battery level, the DJI 3 Professional UAS will descend and land

automatically.
Significantly, previous exemptions granted by the FAA concerning Section 91.151

establish 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

Exemption 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, 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 Of Sections

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would Not

Adversely Affect Safety.

In seeking this exemption, Brian P. Scieszka 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 Brian P. Scieszka will use trained technicians to perform maintenance,

alterations, or preventive maintenance on the UASs using the methods, techniques, and

practices prescribed in the operating documents (i.e., the Brian P. Scieszka Aerial

Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Professional

Instruction Manual). Furthermore, Brian P. Scieszka will document and maintain all

maintenance records for the DJI Phantom 3 Professional UAS.

Since the DJI Phantom 3 Professional UAS will be inspected as prescribed by the

operating documents, Brian P. Scieszka will maintain the equivalent level of safety

established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of the DJI

Phantom 3 Professional User Manual are attached hereto as Exhibit C; a copy of the

DJI Phantom 3 Professional UAS Maintenance LOG is attached hereto as Exhibit E.

Likewise, the exemption sought will not adversely affect safety because Brian P.

Scieszka will use trained technicians to perform maintenance, alterations or preventive

maintenance on the UAS using the methods, techniques, and practices 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 UAS will be performed by

trained technicians. Maintenance will be documented and maintained utilizing the

monthly maintenance log.

31
Significantly, previous exemptions granted by the FAA concerning Sections 91.405(a),

91.407(a)(1), 91.409(a)(1) & (a)(2), and 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 Brian P. Scieszka’s proposed operating limitations, the operating

documents, and the technical aspects of the DJI Phantom 3 Professional UAS, Brian P.

Scieszka 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), 91.409(a)(2), and 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 Conditions, Brian P. Scieszka requests

that the FAA prescribe special conditions for the intended operation of the DJI Phantom

3 Professional UAS, 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 operation of the UA 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 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 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 UAS, since the airworthiness

regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate 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

contain 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. The 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 regulations.

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 Brian P. Scieszka’s intended operation of the DJI

Phantom 3 Professional UAS, 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 Brian P. Scieszka Seeks Exemption:

Brian P. Scieszka 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 Brian P. Scieszka

Seeks:

This exemption will permit Brian P. Scieszka to commercially operate 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 Brian

P. Scieszka’s Request.

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012

(FMRA) Section 333, which directs the Secretary of Transportation to determine if

certain UAS may operate safely in the NAS. As such, Brian P. Sciezka’s request for

exemption may be granted pursuant to the authority of FMRA Section 333 and 14

C.F.R. Part 11, as set forth above.

33
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, Brian P. Scieszka will operate the DJI Phantom 3

Professional UAS 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, Brian P. Scieszka 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 UAS commercially,

without an airworthiness certificate, for the limited purpose of conducting aerial video

and photography over certain areas 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

Brian P. Scieszka to safely, efficiently, and economically operate the DJI Phantom 3

Professional UAS commercially within the NAS.

WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA

Modernization and Reform Act of 2012, Section 333, Brian P. Scieszka 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 Brian P.

Scieszka to operate the DJI Phantom 3 Professional UAS commercially for the purpose

of conducting aerial video and photography over certain areas of the United States.

Dated: January 29, 2016

Respectfully submitted,

Brian P. Scieszka

signed:

Brian P. Scieszka

34
Brian P. Scieszka

2955 Lakeshore Dr.

Fennville, MI 49408

Tel: (810) 513­7107

Email: bpshez@gmail.com

Appendices:

A – DJI Phantom 3 Professional Specifications Data Sheet

B – DJI Phantom 3 Professional Manufacturer’s User Manual

C – Monthly Maintenance Log

APPENDIX – A

DJI PHANTOM 3 PROFESSIONAL TECHNICAL SPECIFICATIONS

Brian P. Scieszka 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 be set to 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

real­time altitude and location information to the PIC via the linked monitor (smart

phone/tablet devices)

1.1 DJI Phantom 2 Vision+

1.1.1 Aircraft

1.1.1.1 Supported Battery – DJI 4480mAH LiPo 4S

1.1.1.2 Weight (Battery & Propellers Included) – 2lbs 13.15oz (1280g)

1.1.1.3 Hover Accuracy (Ready to Fly) – Vertical: .8m; Horizontal: 2.5m

1.1.1.4 Max Yaw Angular Velocity ­ 2000/s

1.1.1.5 Max Tilt Angel ­ 350

1.1.1.6 Max Ascent Speed – 5m/s

1.1.1.7 Max Descent Speed – 3m/s

1.1.1.8 Max Flight Speed – 16m/s (NOT RECOMMENDED)

35
1.1.2 Gimbal

1.1.2.1 Working Current – Static: 750mA; Dynamic: 900mA

1.1.2.2 Control Accuracy ­ ±0.030

1.1.2.3 Controllable Range – Pitch: ­90 to +30 degrees

1.1.2.4 Maximum Angular Speed – Pitch: 900/s

1.1.3 Camera

1.1.3.1 Operating Temperature Range ­ 0c ­ 40c

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 – UHD:4096x2160p 24/25

4.1.3.6 Recording Field of View ­ 1100/850

1.1.4 Transmitter

1.1.4.1 Operating Frequency – 2.400 GHz­2.483 GHz

1.1.4.2 Communication Distance (unobstructed) – up to 5km or 3.1 mile

when FCC compliant

1.1.4.3 Receiver Sensitivity (1%PER) ­ ­101 dBm+/­2dBm

1.1.4.4 Transmitter Power – FCC Compliance: 20dBm

1.1.4.5 Working Voltage – 1.2A@7.4V

APPENDIX – B

B­DJI PHANTOM 3 PROFESSIONAL MANUFACTURER’S USER MANUAL

The manual is available at the following link:

https://dl.djicdn.com/downloads/phantom_3/en/Phantom_3_Professional_User_

Manual__V1.6.pdf

36
APPENDIX ­ C

C – MONTHLY MAINTENANCE LOG

Month _______________ YEAR_____________

UAS#:_____ Date:isue:

Discovered

Date:Issue

Addressed

Issue:

Discription & Maintenance

Conducted

Maintenance:Perfor

med By: Print & Sign

Software

updates

Airframe

Engines

Propellers

CamerasGimbal

Landing

Gear

Vibration

Dampening

Other

37