October	7,	2015

Attn:

U.	S.	Department	of	Transportation	Docket	Operations	West	Building	Ground	Floor,	

Room	w12-140

1200	New	Jersey	Ave,	SE	Washington,	DC	20590	

RE:	IRISH	CLAN	PRODUCTIONS	DOES	HEREBY	REQUEST	AN	EXEMPTION	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	UNMANNED	AIRCRAFT	SYSTEMS	PURSUANT	TO	

SECTION	333	OF	THE	FAA	MODERNIZATION	AND	REFORM	ACT	OF	2012	(PUBLIC	

LAW	112-95)	

Brendan	O’Donnell

CEO/Owner

Airline	Transport	Pilot	Certificate	Holder	#2822176

446	Mountaingate	Dr.

Springfield,	OR	97478

928.710.4280

Bodonnell77@hotmail.com
SUMMARY	

Irish	Clan	Productions	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	(DJI	Phantom	

3)	pursuant	to	Section	333	of	the	FAA	Modernization	and	Reform	Act	of	2012	

(FMRA).	This	exemption	will	permit	Irish	Clan	Productions	to	operate	an	Unmanned	

Aircraft	System	(UAS)	for	the	commercial	purpose	of	conducting	aerial	video	and	

photography	of residential	and	commercial	real	estate	as	well	as	Wedding	

Filmmaking	and	commercial	media	productions.

INTRODUCTION	AND	INTERESTS	OF	THE	PETITIONER	

Irish	Clan	Productions	has	always	strived	to	create	beautiful	imagery	for	our	

clients	as	well	as	provide	a	service	that	enhances	the	overall	market	both	in	

commercial	video	as	well	as	real	estate	photography.	We	believe	the	DJI	

Phantom	3	enhances	that	service	to	the	general	public.

BACKGROUND	

Unmanned	Aircraft	Systems:	DJI	Phantom	3,	UAS	

IRISH	CLAN	PRODUCTIONS	seeks	an	exemption	to	operate	DJI	Phantom	3	

system	for	compensation	or	hire	within	the	NAS.	The	DJI	Phantom	3	is	

vertical	takeoff	and	landing	(VTOL)	Unmanned	Aircraft	(UA)	with	a	Ground	

Control	Station	(GCS)	utilizing	electronic	tablet	or	smart	phone	systems.	The	

DJI	Phantom	3	has	a	maximum	gross	weight	of	approximately	2.8	lb.	while	

having	a	diagonal	dimension	of	23.2”,	a	maximum	speed	of	approximately	

16.4’fps	and	a	maximum	flying	height	of	400'.	The	DJI	Phantom	3	is	equipped	

with	four	main	rotors;	driven	by	Lithium	Polymer	battery	powered	electric	

motors.	
The	DJI	Phantom	3	that	will	be	operated	by	Irish	Clan	Productions	will	be	marked	in	

accordance	with	14	C.F.R.	Part	45,	Identification	and	Registration	Marking.	

BASIS	FOR	PETITION	

Petitioner,	Irish	Clan	Productions,	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,	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).	

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

with	the	unmanned	aircraft	and	its	operation,	Irish	Clan	Productions	operation	of	

DJI	Phantom	3	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,	Irish	Clan	Productions	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.	

IRISH	CLAN	PRODUCTIONS	submits	that	the	requested	relief	is	proper	since	an	

equivalent	level	of	safety	will	be	ensured.	IRISH	CLAN	PRODUCTIONS	will	use	

experienced	personnel	or	technicians	to	perform	maintenance,	alterations,	or	

preventive	maintenance	on	the	UAS	using	the	methods,	techniques,	and	practices	

prescribed	in	the	operating	documents	(i.e.,	Monthly	Maintenance	Log,	and	DJI	

Phantom	3	Instruction	Manual).	Furthermore,	IRISH	CLAN	PRODUCTIONS	will	

document	and	maintain	all	maintenance	records	for	the	DJI	Phantom	3	UAS.	

The	DJI	Phantom	3	operated	by	IRISH	CLAN	PRODUCTIONS	will	always	be	

operated	by	an	Airline	Transport	Pilot	licensed	operator	holding	a	current	

Class	1	Medical.		This	operator	has	extensive	knowledge	of	all	applicable	NAS	

rules	and	regulations	and	will	always	strictly	adhere	to	such	rules.	

IRISH	CLAN	PRODUCTIONS		seeks	relief	from	Section	91.7(a),	entitled	Civil	aircraft	

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

certificate	in	accordance	with	14	C.F.R.	Part	21,	Subpart	H.	As	such,	IRISH	CLAN	

PRODUCTIONS	submits	that	they	will	ensure	that	the	DJI	Phantom	3	UAS	is	in	an	

airworthy	condition,	prior	to	every	flight,	by	determining	that	the	UAS	are	in	

compliance	with	the	operating	documents	(i.e.,	Monthly	Maintenance	Log,	and	DJI	

Phantom	3	Instruction	Manual),	and	that	the	aircraft	are	in	a	condition	for	safe	

flight.	
IRISH	CLAN	PRODUCTIONS	also	seeks	an	exemption	from	the	requirements	of	

Section	91.121,	entitled	Altimeter	Settings,	as	the	DJI	Phantom	3	UAS	will	not	have	a	

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

Phantom	3	UAS	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	IRISH	CLAN	PRODUCTIONS	operation	of	the	DJI	Phantom	3	UAS	

within	visual	line	of	sight,	at	or	below	400	feet	AGL,	will	ensure	a	level	of	safety	

equivalent	to	Section	91.121.	

Additionally,	IRISH	CLAN	PRODUCTIONS	seeks	an	exemption	from	the	requirements	

of	Section	91.151(b),	entitled	Fuel	requirements	for	flight	in	VFR	conditions.	 IRISH	

CLAN	PRODUCTIONS	submits	that	safety	will	not	be	affected	by	operation	of	the	DJI	

Phantom	3	UAS	during	daylight	hours	in	visual	meteorological	conditions	(VMC)	

under	visual	flight	rules	(VFR),	with	enough	battery	power	to	fly	for	a	total	duration	

of	approximately	23	minutes.	Battery	power	indicators	are	also	able	to	show	exactly	

how	much	battery	power	is	left,	as	well	as	how	much	time	is	needed	to	return	safely	

back	to	point	of	take	off.	

In	accordance	with	14	C.F.R.	§	11.81,	IRISH	CLAN	PRODUCTIONS	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:	

Brendan	ODonnell

446	Mountaingate	Dr

Springfield,	OR	97478

IRISH	CLAN	PRODUCTIONS	Seeks	Exemption	From	The	Requirements	Of	Section	

91.7(a).	

Section	91.7,	entitled	Civil	aircraft	airworthiness,	subsection	(a),	states	the	

following:	

(a)	No	person	may	operate	a	civil	aircraft	unless	it	is	in	an	airworthy	condition.	

3.	IRISH	CLAN	PRODUCTIONS	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.	
IRISH	CLAN	PRODUCTIONS	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.	

IRISH	CLAN	PRODUCTIONS	Seeks	Exemption	From	The	Requirement	Of	Section	

91.405(a).	

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[.]	

IRISH	CLAN	PRODUCTIONS	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[.]	

IRISH	CLAN	PRODUCTIONS	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.	

IRISH	CLAN	PRODUCTIONS	Seeks	Exemption	From	The	Requirements	Of	Sections	

91.417(a)	And	91.417(b).	

Section	91.417,	entitled	Maintenance	records,	subsections	(a)	and	(b),	state	the	

following:	

(a)	Except	for	work	performed	in	accordance	with	§§	91.411	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	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	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	life-limited	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.	

9	

(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.	
IRISH	CLAN	PRODUCTIONS	seeks	the	requested	relief	because	the	DJI	Phantom	3	

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

Subpart	H.	Therefore,	IRISH	CLAN	PRODUCTIONS	will	ensure	that	the	DJI	Phantom	

3	UAS	are	in	airworthy	condition	based	upon	its	compliance	with	the	operating	

documents	(i.e.,	Monthly	Maintenance	Log,	and	DJI	Phantom	3)	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	IRISH	CLAN	PRODUCTIONS	Seeks	And	The	Reason	IRISH	CLAN	

PRODUCTIONS	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	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	

(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),	

IRISH	CLAN	PRODUCTIONS	seeks	the	requested	relief	because	the	DJI	Phantom	3	

UA’s	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	UAS	are	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	heads-up	display	of	the	GCS.	

4.	Extent	Of	Relief	IRISH	CLAN	PRODUCTIONS	Seeks	And	The	Reason	IRISH	CLAN	

PRODUCTIONS	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	UAS	during	daylight	hours	in	visual	meteorological	

conditions	(VMC),	under	visual	flight	rules	(VFR),	for	a	total	duration	of	23	minutes.	

IRISH	CLAN	PRODUCTIONS	seeks	the	requested	relief	because	without	an	

exemption	from	Section	91.151(b),	the	flight	time	duration	of	the	

battery	powered	DJI	Phantom	3	UAS	will	severely	constrain	the	practicality	of	any	

aerial	video	or	still	photo	flight	operations	IRISH	CLAN	PRODUCTIONS	proposes	to	

conduct	pursuant	to	this	Petition.	

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

UAS,	the	DJI	Phantom	3	operating	documents,	and	IRISH	CLAN	PRODUCTIONS	

proposed	operating	limitations,	ensure	that	IRISH	CLAN	PRODUCTIONS	will	safely	

operate	the	battery	powered	DJI	Phantom	3	UAS	during	daylight	hours	in	visual	
meteorological	conditions	(VMC),	under	visual	flight	rules	(VFR),	with	enough	

battery	power	to	fly	for	a	total	duration	of	23	minutes.	

	Extent	Of	Relief	IRISH	CLAN	PRODUCTIONS	Seeks	And	The	Reason	IRISH	CLAN	

PRODUCTIONS	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 IRISH	CLAN	PRODUCTIONS	

requests	relief	from	these	Sections	because	the	DJI	Phantom	3	UAS	do	not	require	

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

meet	the	conditions	of	FMRA	Section	333	for	operation	without	an	airworthiness	

certificate.	Accordingly,	IRISH	CLAN	PRODUCTIONS	will	use	trained	technicians	to	

perform	maintenance,	alterations,	or	preventive	maintenance	on	the	UAS	using	the	

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

the	IRISH	CLAN	PRODUCTIONS	Aerial	Operations	Manual,	Monthly	Maintenance	

Log,	and	DJI	Phantom	3	Instruction	Manual).	Furthermore IRISH	CLAN	

PRODUCTIONS	will	document	and	maintain	all	maintenance	records	for	the	DJI	

Phantom	3	UAS.	

D.	The	Reasons	Why	Granting	IRISH	CLAN	PRODUCTIONS	Request	Would	Be	In	The	

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

Granting	the	present	Petition	will	further	the	public	interest	by	IRISH	CLAN	

PRODUCTIONS	to	safely,	efficiently,	and	economically	perform	aerial	video	and	

photography	of	real	estate	as	well	as	wedding	films.

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

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

benefits	of	IRISH	CLAN	PRODUCTIONS	proposed	operation	of	the	DJI	Phantom	3	

UAS	will	be	realized	without	implicating	any	privacy	issues.	

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

The	DJI	Phantom	3	UAS	are	battery	powered	and	serve	as	a	safe,	efficient,	and	

economical	alternative	to	the	manned	aircraft	traditionally	utilized	to	obtain	aerial	

imagery.	By	reducing	the

amount	of	manned	aircraft	needed	to	perform	aerial	acquisitions,	an	exemption	

allowing	the	use	of	a	DJI	Phantom	3	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	UAS	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	UAS.	
Conducting	aerial	acquisitions	with	the	DJI	Phantom	3	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	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	

20-30	gallons	per	hour	of	leaded	aviation	fuel.	The	DJI	Phantom	3	UAS,	while	

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

as	the	UAS	are	propelled	by	battery	powered	electric	motors,	rather	than	an	internal	

combustion	engine.	

By	using	the	DJI	Phantom	3	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	UAS	(weighing	approximately	2.8	pounds	at	their	

maximum	gross	weight	with	diagonal	dimension	of	23.2	inches,	and	with	no	fuel	on	

board),	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).	

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

UAS	Will	Benefit	The	Economy.	

In	addition	to	being	safe	and	efficient,	the	DJI	Phantom	3	UAS	are	also	an	economical	

alternative	to	using	manned	aircraft	to	conduct	similar	aerial	operations.	As	such,	

operation	of	the	DJI	Phantom	3	UAS	will	allow	United	States	based	companies,	like	

IRISH	CLAN	PRODUCTIONS,	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	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	UAS,	companies	such	as	IRISH	CLAN	PRODUCTIONS,	

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	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,	IRISH	CLAN	PRODUCTIONS	proposed	operation	of	the	DJI	Phantom	3	

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

operated	only	in	compliance	with	operating	documents	(i.e.,	IRISH	CLAN	

PRODUCTIONS	Aerial	Operations	Manual,	Monthly	Maintenance	Log,	and	DJI	

Phantom	3	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	IRISH	CLAN	PRODUCTIONS	Seeks	Exemption.	

1.	Reasons	Why	The	DJI	Phantom	3	UAS	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,	IRISH	CLAN	PRODUCTIONS	operation	

of	the	DJI	Phantom	3	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.	

(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 IRISH	CLAN	PRODUCTIONS	submits	that	the	DJI	Phantom	

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

by:	(a)	the	characteristics	of	the	DJI	Phantom	3	UAS;	(b)	the	pilot	certification	

requirement;	and	(c)	the	specific	operating	limitations.	

a.	The	Specifications	Of	The	DJI	Phantom	3	UAS	Demonstrate	Its	Safe	Characteristics.	
The	DJI	Phantom	3	UAS	does	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	UAS.	

The	technical	specifications	of	the	DJI	Phantom	3	UAS	are	set	forth	by	the	DJI	

Phantom	3	User	Manual,	attached	hereto	as	Appendix	A.	

ii.	The	DJI	Phantom	3	UAS	Global	Positioning	Modes	Enable	The	UAS	To	Remain	

Within	A	Defined	Operational	Area.	

The	DJI	Phantom	3	UAS	may	be	operated	in	both	manual	and	global	positioning	

flight	modes.	A	complete	description	of	the	flight	and	navigational	modes	of	the	DJI	

Phantom	3	UAS	is	provided	at	pages	11	of	the	DJI	Phantom	3	User	Manual	attached	

hereto	as	Appendix	A.	

iii.	The	DJI	Phantom	3	UAS	Are	Designed	For	Automatic	Return	To	Home	Point	Or	

Hover	In	The	Event	Of	Loss	Of	The	Control	Link	Or	Navigation.	

When	the	Control	Link	is	lost,	the	DJI	Phantom	3	UAS	will	remain	stationary,	in	

flight,	for	3	seconds	or	more.	If,	after	3	seconds,	the	DJI	Phantom	3	UAS	does	not	

reacquire	control	link	data	from	the	GCS,	the	UAS	will	assume	that	the	Control	Link	

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

descend	to	the	takeoff	position	and	shutdown.	

15	

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

forth	at	pages	12	through	14	of	the	DJI	Phantom	3	User	Manual,	attached	hereto	as	

Appendix	A.	

iv.	The	DJI	Phantom	3	GCS	And	Its	Operation.	

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

and	flight	control	software	is	provided	at	pages	23	through	29	of	the	DJI	Phantom	3	

User	Manual.	DJI	Phantom	3	User	Manual	is	attached	hereto	as	Appendix	A.	

b.	Flight	Operations	Of	DJI	Phantom	3	UAS	Is	Limited	To	The	Line	Of	Sight	Of	A	

Certificated	Pilot	in	Command	With	A	Safety	Observer.	

IRISH	CLAN	PRODUCTIONS	video	production	staff	will	be	the	only	persons	to	act	as	

a	pilot	in	command	(PIC)	of	the	DJI	Phantom	3	UAS.	Additionally,	a	safety	observer	

will	assist	him	at	all	times	during	flight	time.	

c.	Flights	Of	DJI	Phantom	3	UAS	Will	Be	Conducted	Pursuant	To	Specific	Operating	

Limitations.	

In	seeking	this	exemption,	IRISH	CLAN	PRODUCTIONS	proposes	to	commercially	

operate	DJI	Phantom	3	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	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	UAS	may	not	be	flown	at	an	indicated	airspeed	exceeding	20	knots.	
4.	The	UA	must	be	operated	at	an	altitude	of	no	more	than	400	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	UAS	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	FAA-issued	airman	medical	

certificate.	

6.	The	use	of	first	person	view	(FPV)	by	the	PIC	or	safety	observer	(SO)	is	not	

permitted.	

16	

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	(AFS-80)	may	be	contacted	if	questions	arise	regarding	updates	or	revisions	

to	the	operating	documents.	

10.	Prior	to	each	flight	the	PIC	must	inspect	the	UAS	to	ensure	that	it	is	in	a	

condition	for	safe	flight.	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	pre-flight	inspection	must	account	for	all	potential	discrepancies,	e.g.	

inoperable	components,	items,	or	equipment,	not	already	covered	in	the	relevant	

sections	of	the	operating	documents.	

13.	The	operator	must	follow	the	UAS	manufacturer’s	aircraft/component,	

maintenance,	overhaul,	replacement,	inspection,	and	life	limit	requirements.	

17	

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	UAS	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	

experience-building	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	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	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	predetermined	location	within	the	planned	operating	area	and	land	or	be	recovered	in	

accordance	with	the	operating	documents.	
18	

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:	

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;	

19	

c.	Operations	nearer	to	the	PIC,	SO,	operator	trainees	or	essential	persons	do	not	

present	an	undue	hazard	to	those	persons	per	§	91.119(a).	

32.	All	operations	shall	be	conducted	over	private	or	controlled-access	property	

with	permission	from	the	land	owner/controller	or	authorized	representative.	

Permission	from	land	owner/controller	or	authorized	representative	will	be	

obtained	for	each	flight	to	be	conducted.	
33.	Any	incident,	accident,	or	flight	operation	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	(AFS-80)	within	24	hours.	Accidents	

must	be	reported	to	the	National	Transportation	Safety	Board	(NTSB)	per	

instructions	contained	on	the	NTSB	Web	site:	www.ntsb.gov.	

2.	Reasons	Why	An	Exemption	From	The	Requirements	Of	Section	61.113(a)	And	

(b)	Would	Not	Adversely	Affect	Safety.	

IRISH	CLAN	PRODUCTIONS	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	UAS	unless	that	PIC	has	an	Airline	Transport	Pilot’s	

License.

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	UAS	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	The	IRISH	CLAN	PRODUCTIONS	

operation	of	the	DJI	Phantom	3	UAS	within	visual	line	of	sight,	at	or	below	500	feet	

AGL,	will	ensure	a	level	of	safety	equivalent	to	Section	91.121.	The	altitude	

information	will	be	generated	by	GPS	equipment	installed	onboard	the	aircraft.	

Prior	to	each	flight,	a	zero	altitude	initiation	point	is	automatically	established	by	

the	UAS	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	UAS;	(2)	the	limitations	on	the	proposed	flight	operations;	and	(3)	the	

location	of	the	proposed	flight	operations.	Accordingly,	IRISH	CLAN	PRODUCTIONS	

will	ensure	that	it	will	safely	operate	the	battery	powered	DJI	Phantom	3	UAS	during	

daylight	hours	in	VFR	conditions,	with	enough	battery	power	to	fly	for	a	total	

duration	of	23	minutes.	

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

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	

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

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

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

22	
power.	At	the	critically	low	battery	level,	the	DJI	Phantom	3	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,	IRISH	CLAN	PRODUCTIONS	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	IRISH	CLAN	PRODUCTIONS	will	use	

trained	technicians	to	perform	maintenance,	alterations,	or	preventive	maintenance	

on	the	UAS	using	the	methods,	techniques,	and	practices	prescribed	in	the	operating	

documents	(i.e.,	IRISH	CLAN	PRODUCTIONS	Aerial	Operations	Manual,	Monthly	

Maintenance	Log,	and	DJI	Phantom	3	Instruction	Manual).	Furthermore,	IRISH	CLAN	

PRODUCTIONS	will	document	and	maintain	all	maintenance	records	for	the	DJI	

Phantom	3	UAS.	

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

documents IRISH	CLAN	PRODUCTIONS	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	User	Manuals	are	attached	hereto	as	Appendix	A	and	B;	a	copy	of	the	DJI	

Phantom	3	UAS	Maintenance	LOG	is	attached	hereto	as	Appendix	C.	

Likewise,	the	exemption	sought	will	not	adversely	affect	safety	because	IRISH	CLAN	

PRODUCTIONS	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	UAS	will	be	performed	by	trained	technicians.	Maintenance	will	

be	documented	and	maintained	utilizing	the	monthly	maintenance	log.	

Significantly,	previous	exemptions	granted	by	the	FAA	concerning	Sections	

91.405(a),	91.407(a)(1),	91.409(a)(1)	&	(a)(2),	and	91.417(a)	&	(b)	establish	that	

safety	is	not	adversely	affected	when	the	technical	characteristics	and	operating	

limitations	of	the	UAS	are	considered.	

23	

In	consideration	of	IRISH	CLAN	PRODUCTIONS	proposed	operating	limitations,	the	

operating	documents,	and	the	technical	aspects	of	the	DJI	Phantom	3	UAS,	IRISH	

CLAN	PRODUCTIONS	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,	IRISH	CLAN	

PRODUCTIONS	requests	that	the	FAA	prescribe	special	conditions	for	the	intended	

operation	of	the	DJI	Phantom	3	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	UAS	for	the	limited	

purpose	of	conducting	aerial	video	and	photography	over	certain	areas	of	the	United	

States	for	compensation	or	hire.	FMRA	Section	333	sets	forth	the	requirements	for	

considering	whether	a	UAS	will	create	a	hazard	to	users	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	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	Leading	Edge’s	intended	operation	of	the	DJI	

Phantom	3	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	

24	

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	Summary	That	Can	Be	Published	In	The	Federal	Register,	stating:	The	Rules	

From	Which	IRISH	CLAN	PRODUCTIONS	Seeks	Exemption:	

IRISH	CLAN	PRODUCTIONS	aseeks	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	IRISH	CLAN	PRODUCTIONS	

Seeks:	

This	exemption	will	permit	IRISH	CLAN	PRODUCTIONS	to	commercially	operate	an	

Unmanned	Aircraft	System	(UAS)	for	the	purpose	of	conducting	aerial	video	and	

photography	over	certain	areas	of	the	United	States.	

•	Any	Additional	Information,	Views,	Or	Arguments	Available	To	Support	IRISH	

CLAN	PRODUCTIONS’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,	IRISH	CLAN	PRODUCTIONS	

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.	

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,	IRISH	CLAN	PRODUCTIONS	will	operate	the	DJI	

Phantom	3	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 IRISH	CLAN	PRODUCTIONS	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	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	IRISH	CLAN	PRODUCTIONS	to	safely,	efficiently,	and	

economically	operate	the	DJI	Phantom	3	UAS	commercially	within	the	NAS.	

25	

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

Modernization	and	Reform	Act	of	2012,	Section	333,	IRISH	CLAN	PRODUCTIONS	

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	IRISH	CLAN	PRODUCTIONS	to	operate	the	DJI	Phantom	3	UAS	commercially	

for	the	purpose	of	conducting	aerial	video	and	photography	over	certain	areas	of	the	

United	States.	

Dated:	October	7th,	2015

	Respectfully	submitted,	

Brendan	ODonnell