UNITED STATESOFAMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, D.C.

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

BRADLEY S. HATCHER

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.lSl(b), 91.405(a), 91.407(a)(l),

91.409(a)(l) & (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL

OPERATION OF DJI PHANTOM 3 AIRCRAFT SYSTEMS PURSUANT

TO SECTION 333OF

THE FAA MODERNIZATION AND REFORM ACT OF

2012 (PUBLIC LAW 112-95)

Submitted onDecember 30, 2015

Bradley S. Hatcher

830 Abingdon Circle

Shelbyville, KY 40065

Tel: (502) 442-9188
TABLE OF CONTENTS

Page 

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

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

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

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

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

A. NAME AND ADDRESS OF PETITIONER.......................................................... 7

B. THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH BRADLEY S. 

HATCHER SEEKS EXEMPTION ........................................................................7

C. THE EXTENT OF RELIEF BRADLEY S. HATCHER SEEKS AND

THE REASON BRADLEY S. HATCHER SEEKS THE

RELIEF ....................................................................................................................... 11

D. THE REASONS WHY GRANTING BRADLEY S. HATCHER’S REQUEST

WOULD BE IN THE PUBLIC INTEREST ........................................................14

E. THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT

ADVERSELY AFFECT SAFETY ........................................................................17

F. SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL

REGISTER.............................................................................................................31

G. ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS

AVAILABLE TO SUPPORT BRADLEY S. HATCHER’S REQUEST...........31

CONCLUSION..........................................................................................................................32

APPENDICES .......................................................................................................................... 33
GLOSSARY OF ABBREVIATIONS

AGL 

AOI

ATC

ATO

AV

CFR 

COA

FAA

FAR 

GCS

GPS

LOL 

NAS

NOTAM

PIC

Section 333

so

SOP

UA 

UAS

VFR 

VLOS 

VMC 

VTOL

Above Ground Level 

Area of Interest

Air Traffic Control

Air Traffic Organization

Aerial Vehicle

Code of Federal Regulations 

Certificate of Authorization 

Federal Aviation Administration

Federal Aviation Regulation

Ground Control Station

Global Positioning System

Loss of Link

National Airspace System

Notice to Airman

Pilot InCommand

FAA Modernization and Reform Act of 2012 (FMRA) Section 333

Safety Observer

Standard Operating Procedures

Unmanned Aircraft

Unmanned Aircraft System

Visual Flight Rules

Visual Line of Site

Visual Meteorological Conditions

Vertical Takeoff and Landing
SUMMARY

Bradley S. Hatcher seeks exemption from the requirements of 14 C.F.R §§ 61.l 13(a)

& (b), 91.7(a), 91.121, 91.15l(b), 91.405(a), 91.407(a)(l), 91.409(a)(l) & (a)(2),

and 9l.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 Bradley 

S. Hatcher to operate an Unmanned Aircraft System (UAS) for the commercial purpose of

conducting general still and video photography,real estate photography, news and special

events, film sets, and landscape over certain areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

Bradley S. Hatcher will provide his clients with expertise and knowledge in advanced

technologies and solutions to increase efficiency, productivity and effectiveness. Bradley S. 

Hatcher will also provide its clients with the high quality digital content for use in their

commercial, personal, and non-profit multimedia projects. Bradley S. Hatcher has a passion for 

aerial and still photography and plans to operate safely within the National Airspace System. 

Additionally, he has three years experience directly with the National Airspace System as he 

possesses a current FAA Control Tower Operator's (CTO) license and Radar facility rating.

The objective of Bradley S. Hatcher’s aerial video and photography operation is to provide

high quality imaging for a variety of commercial, public, and residential uses, specifically

targeting:

• General Videography and Photography

• Motion Picture and News Filming

• Real Estate Photography

• Increase public knowledge of UAS and promote safe UAS operations.

BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 3

Bradley S. Hatcher seeks an exemption to operate a DJI Phantom 3UAS for

compensation or hire within the NAS. The DJI Phantom 3 UAS is a vertical takeoff and

landing (VTOL) Unmanned Aircraft System (UAS) with a Ground Control Station (GCS)

utilizi ng a 2.4 GHz transmitter. The GPS-based autopilot system is OPS & GLONASS capable

and utilizes a main controller, an Inert
Measurement Unit (IMU), a OPS/compass modul e, and a power management unit; and

transmits pertinent position and operational data to the operator via an on-screen-display

(iOSD). The airborne navigational information and air/ground telemetry are transmitted to the

GCS via a 5.8 GHz transmitter. The DJI Phantom 3 UAS has a maximum gross weight of

approximately 2.8 pounds, a length of 23 inches, a height of 23 inches, and a maximum speed

of 36 knots. The DJI Phantom 3 UAS is equipped with four main rotors driven by Lithium

Polymer battery powered electric motors; and utilizes OPS with air/ground telemetry for

positional determi nation and to provide the operator with pertinent flight data while the UA is

airborne.

The DJI Phantom 3 UAS that will be operated by Bradley S. Hatcher 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.

PETITION

Petitioner, Bradley S. Hatcher, pursuant to the provisions of the Federal Aviation

Regulations (14 C.F.R. § I I .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, 91.15l(b), 91.405(a), 91.407(a)(l), 91.409(a)( l) & (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, Bradley S. Hatcher’s operation of the 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, Bradley S. Hatcher requests relief from Sections 91.405(a), 91.407(a)(l),

91.409(a)(l) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for

maintenance that only apply to aircraft with an airworthiness certificate.

Bradley S. Hatcher submits that the requested relief is proper since an equivalent level

of safety will be ensured. Bradley S. Hatcher will personally, or otherwise authorize only

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. DJI Phantom 3 UAS User Manual, checklist, and monthly

maintenance log]. Furthermore, Bradley S. Hatcher will

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

Relief from certain requirements of Section 61.l 13(a) and (b), entitled Private pilot

privileges and limitations: Pilot in command, is requested by Bradley S. Hatcher to the extent

necessary to allow a Pilot in Command (PIC) holding a private pilot or higher

level certificate,who meets FAA approved medical standards,and who has demonstrated, by

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

the DJI Phantom 3UAS in a manner consistent with this exemption,including evasive and

emergencymaneuvers andmaintaining appropriate distancesfrom people, vessels, vehicles

and structures.

Bradley S. Hatcher seeksrelief from Section 91.7(a),entitled Civil aircraft

airworthiness,because the DJI Phantom 3UAS does not require an airworthiness certificate

in accordance with 14C.F.R.Part 21, Subpart H. As such, Bradley S. Hatcher submitsthat

the PIC will ensure that the DJI Phantom 3 is in an airworthy condition, prior to every flight,

by determining that the UAS is in compl iance with the operating documents [i.e.,DJI

Phantom 3 UAS User Manual, pre-flight checklist, and monthly maintenance log], and that

the aircraft is in a condition for safe flight.

Bradley S. Hatcher also seeks an exemption from the requirements of Section 91.121,

entitled Altimeter Seuings, 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 (OPS) 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 Bradley S. Hatcher ‘s 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.

Additionally, Bradley S. Hatcher seeks an exemption from the requirements of Section

91.151(b), entitled Fuel requirements for flight in VFR conditions. Bradley S. Hatcher submits

that safety will not be affected by operation of the DJI Phantom 3 UAS during daylight hours

in visual meteorological cond itions (VMC) under visual flight rules (VFR), with enough

battery power to fly for a total duration of approximately 14 minutes to the first point of

intended landing and, assuming normal cruising speed, to fly after that for at least 5 minutes.

In accordance with 14 C.F.R. § 1 1.81, Bradley S. Hatcher 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:

Bradley S. Hatcher

830 Abingdon Circle

Shelbyville, KY 40065

Tel: (502) 442-9188

Email: skyhighfoto@yahoo.com

B. The Specific Sections Of 14C.F.R. from Which Bradley S. Hatcher Seeks

Exemption.

1.Bradley S. Hatcher Seeks Exemption From TheRequirements Of Section

61.113(a) And (b).

Section 61.1 13, 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 the aircraft

does not carry passengers or property for compensation or hire.

2. Bradley S. Hatcher Seeks Exemption From The Requirements Of Section

91.7(a).

Section 91.7, entitled Civil aircraft airworthiness,subsection (a),statesthe

following:

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

3. Bradley S. Hatcher 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)(l)(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. Bradley S. Hatcher Seeks Exemption From The Requirements Of Section

91.lSl(b).

Section 91.151, entitled Fuel requirementsfor flight in VFR conditions,subsection

(b),statesthe 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. Bradley S. Hatcher Seeks Exemption From The Requirement Of Section

91.405(a).
Section 91.405,entitled Maintenance required,subsection (a),statesthe 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. Bradley S. Hatcher Seeks Exemption From The Requirements Of Section

91.407(a)(l)

Section 91.407, entitled Operation after maintenance, preventive maintenance,

rebuilding, or alteration, subsection (a)(l), states the following:

(a) No person may operate any aircraft that has undergone maintenance, preventive

maintenance, rebuilding, or alteration unless--

(I) It has been approved for return to service by a person authorized under §

43.7 of this chapter[.]

7. Bradley S. Hatcher Seeks Exemption From The Req uirements Of Sections

91.409(a)(l) 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 --

(!)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

(1) An inspection for the issuance of an airworthiness certificate in accordance

with part 21 of this chapter.

8. Bradley S. Hatcher Seeks Exemption From The Requirements Of Sections

91.417(a) And 91.417(b).

Section 91.417, entitled Maintenance record’s, subsections (a) and (b), state the

following:

(a) Except for work performed in accordance with §§ 91.41 1 and 91.413, each

registered owner or operator shall keep the following records for the periods

specified in paragraph (b) of this section:

(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 includin g, 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)(l) 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 § 43.1 1 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 Bradley S. Hatcher Seeks And The Reason Bradley S. Hatcher Seeks

The Relief.

1.Extent Of Relief Bradley S. Hatcher Seeks And The Reason Bradley S. Hatcher Seeks

Relief From Section 61.113(a) And (b).

Relief from Section 6l.l l3(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, who meets FAA approved

medical standards, and who has met certain flight-hour and currency requirements,

to conduct the proposed UAS flight operations for compensation or hire.

This relief is requested since the l imitations set forth in Section 6l.l l 3(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, Bradley S. Hatcher submits that an equivalent level

of safety will be maintained because no PIC will be allowed to operate the DJI

Phantom 3 UAS unless that PIC has met certain flight-hour and currency

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

Phantom 3 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,Bradley S. Hatcher submits that all flights of the DJI Phantom 3 UAS,

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

Bradley S. Hatcher’s business; and (2) will not carry passengers or property for

compensation or hire.

2. Extent Of Bradley S. Hatcher Seeks And The Reason Bradley S. Hatcher Seeks Relief

From Section 91.7(a).
Relief from Section 9l.7(a) entitled Civil aircraft airworthiness, is requested to the

extent required to allow Bradley S. Hatcher to determine that the DJI Phantom 3 UAS

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

compliance with the operating documents [i.e., DJI Phantom 3 UAS User Manual,

pre-flight checklist, and monthly maintenance log].

Bradley S. Hatcher seeks the requested relief because the DJI Phantom 3 UAS

does not require an airworthiness certificate in accordance with 14

C.F.R. Part 21, Subpart H. Therefore, Bradley S. Hatcher will ensure that the DJI

Phantom 3 UAS is in airworthy condition based upon its compliance with the

operating documents [i.e., DJI Phantom 3 UAS User Manual, pre-flight checklist,

and monthly maintenance log] prior to every flight, and further, determine that the

aircraft is in condition for safe flight, as stated in the conditions and limitations

below.

3. Extent Of Relief Bradley S. Hatcher Seeks And The Reason Bradley S. Hatcher 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 UAS 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), Bradley S. 

Hatcher seeks the requested relief because the DJI Phantom 3UAS'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 is
equipped with a barometric pressure sensor and OPS 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 UAS on the headsup display of the GCS.

4. Extent Of Relief Bradley S. Hatcher Seeks And The Reason Bradley S. Hatcher Seeks

Relief From Section 91.lSl(b).

Relief from Section 91.15 l(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 14 minutes to the

first point of intended landing and, assuming normal cruising speed, to fly after that

for at least 5 minutes. Bradley S. Hatcher 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 that Bradley S. Hatcher proposes to conduct

pursuant to this Petition.

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

UAS, the DJl Phantom 3 operating documents, and Bradley S. Hatcher ‘s proposed

operating limitations, ensure that the PTC 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 14minutes to the first point of intended landing and, assuming normal cruising

speed, to fly after that for at least 5 minutes.

5. Extent Of Relief Bradley S. Hatcher Seeks And The Reason Bradley S. Hatcher Seeks 

Relief From Sections 91.405(a), 91.407(a)(l), 91.409(a)(l) & (a)(2), And 91.417(a) &

(b).

Since Sections 91.405(a), 91.407(a)(l), 91.409(a)(l) & (a)(2), and 91.4 I 7(a) & (b)

only apply to aircraft with an airworthiness certificate,Bradley S. Hatcher requests

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

airworthiness certificates. Asset forth more fully below,the DJI
Phantom 3 UAS meets the conditions of FMRA Section 333 for operation without

an airworthiness certificate. Accordingly, Bradley S. Hatcher will personally, or

otherwise use experienced personnel or 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., DJI Phantom 3 UAS

User Manual, pre-flight checklist, and monthly maintenance log]. Furthermore ,

Bradley S. Hatcher will document and maintain all maintenance records for the DJI

Phantom 3 UAS.

D. The Reasons Why Granting Bradley S. Hatcher’s Request Would Be In The Public

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

Granting the present Petition will further the public interest by allowing Bradley S. 

Hatcher to safely, efficiently, and economically perform general aerial video and

photography , as well as real estate,special events, film sets, and landscape over certain

areas of the United States.

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

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

of Bradley S. Hatcher ‘s proposed operation of the DJI Phantom 3 UAS will be realized

without introducing any privacy issues.

l.ThePublicWillBenefitFromDecreasedCongestionOf The NAS.

The DJI Phantom 3 UAS is battery powered and serves 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 does 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 photograph y flight

operations. By using battery power and electric motors, the DJI Phantom 3 UAS

produces 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 virtually eliminating

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 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 its

maximum gross weight, with a length of 23 and 22 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 D
Phantom 3UAS Will Benefit The Economy.

In addition to being safe and efficient, the DJI Phantom 3 UAS is 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 entities, like Bradley 

S. Hatcher, 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, entities such as Bradley S. Hatcher 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, Bradley S. Hatcher’s proposed operation of the DJI Phantom 3 UAS will not

introduce any privacy issues. Specifically, the DJI Phantom 3 UAS will be operated in

accordance with the Federal Aviation Regulations, including the minimum altitude

requirements of 14 C.F.R. § 91.119.

E. The Reasons Why Granting TheExemption 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 Bradley S. Hatcher 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, Bradley S. Hatcher ‘s 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, 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, ifany, 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 

(I).
(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, Bradley S. Hatcher 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 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. Tech nical Specifications Of The DJI Phantom 3 UAS.

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

User Manuals, attached hereto as Exhibit A.

ii. The DJI Phantom 3 UAS Autonomous Flight And Navigation

Modes Enable The UAS To Remain Within A Defined Operational

Area.

The DJI Phantom 3 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 UAS is provided in the User

Manual, attached hereto as Exhibit A.

iii. The DJl Phantom 3 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 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 UAS will return to

the home position (i.e., failsafe mode) via OPS, and will descend to the

takeoff position and shutdown .
A complete description of the Failsafe Functions of the DJI Phantom 3

UAS is provided in the User Manual, attached hereto as Exhibit B.

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

A complete description of the operation and specifications of the DJI

Phantom 3 UAS flight control software is provided in the User Manuals,

attached hereto as Exhibits A and B, respectively.

b. Flight Operations Of DJI Phantom 3 UAS Are Limited To The Line Of

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

Bradley S. Hatcher will authorize only certificated pilots who meet FAA

approved medical standards to act as a pilot in command (PIC) of the DJI

Phantom 3 UAS. Additionally, when needed to maintain Visual Line of Sight

(VLOS), a safety observer will assist the pilot during flight time.

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

To Specific Operating Limitations.

In seeking this exemption, Bradley S. Hatcher proposes to commercially operate

DJI Phantom 3 UAS for the 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 conducti ng

operations for the purpose of aerial video and photography.

3. The UAS may not be flown at an indicated airspeed exceedi ng 40 knots.

4. The UAS 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 UAS must be operated within visual line of sight (VLOS) of the PIC,

or safety observer, 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) to

maintain VLOS is not permitted.

7. When needed to satisfy the VLOS requirement, all operations will 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 PIC and SO

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.

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. The SO must possess a valid state driver's license to ensure

that he/she meets the minimum health and visual acuity requirements to

perform the SO function.

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. Ifthe 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.

l l .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.

l3.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 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 meet FAA

approved medical standards.

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 UAS 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 UAS 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 ATC Tower or airport 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's ATC Tower or airport management must be made available to the

Administrator upon request.

21 . The UAS may not be operated less than 500 feet below or less than 2,000

feet horizontally from a cloud or when visibility is less than 3 statute miles

from the PIC.

22. Ifthe UAS 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 UAS 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- N umber) 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 UAS 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 UAS 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 a safe distance 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 UAS 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 at an unsafe 

distance from the UAS, 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.l l 9(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.
2. Reasons Why An Exemption From The Requirements Of Section 61.113(a) And

(b) Would Not Adversely Affect Safety.

Bradley S. Hatcher 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 demonstrated , by meeting minimum flight-hour

and currency requirements,that the PIC is able to safely operate the DJI Phantom 3

UAS in a manner consistent with the exemption, including evasive and emergency

maneuvers and maintaining appropriate distances from people, vessels, vehicles and

structures.

Considering Bradley S. Hatcher’s proposed area of operations, and the operating

limitations set forth-above; the parallel nature of private pilot aeronautical knowledge

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

and the airmanship skills necessary to safely operate the DJI Phantom

3 UAS,Bradley S. Hatcher submits that the additional manned airmanship experience

of a commercially certificated pilot would not correlate to the airmanship skills

necessary for Bradley S. Hatcher ‘s specific proposed flight operations.

The FAA has previously granted relief from Section 61.1 13(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, 11 156, 11158, 1 1159, 11160, 11161).

Bradley S. Hatcher will not allow any PIC to operate the DJI Phantom 3 UAS unless

that PIC has demonstrated, by meeting minimum flight-hour requirements or the DJI

Phantom 3 UAS training and currency requirements, that the PIC is able to safely 

operate the DJI Phantom 3 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. § 61.5 l(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, 1 1 138, and 11153,prior documented flight experience

that was obtained in compliance with applicable regulations will ensure an equivalent

level of safety during Bradley S. Hatcher ‘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.Sl(b), 25 hours of 

total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot

with a multi-rotor UAS. Prior to operations under Exemption No.

11062, the PIC must also have accumulated and logged a minimum of 5 hours as a

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 l 0 hours of multi-rotor time and

the 10 hours may be included in the total 25 hours of UAS rotorcraft time. In

addition to the hour requirements, the PIC must accomplish 3 takeoffs and

landings in the preceding 90 days (for currency purposes). The FAA finds that at a

minimum, the flight-hour requirements in Exemption No. 11062 are appropriate to

practice and build proficiency in the skills necessary to safely conduct the

petitioner's proposed operations. The FAA also finds that prior documented flight

experience that was obtained in compliance with applicable regulations would

satisfy this requirement. Training, proficiency, and experience-building flights can

also be conducted under the grant of exemption to accomplish the required flight

time. During training, proficiency, and experience-building flights the PIC is

required to operate the UAS with appropriate distances in accordance with 14

C.F.R 91.1 19.

Exemption No. 11138 at page 15.
Accordingly, Bradley S. Hatcher will ensure safe operations by not allowing any PIC

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

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

operate the DJI Phantom 3 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 Req uirements 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,Bradley S. Hatcher will ensure that the DJI Phantom 3 

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 9l.7(a) specific to

UAS, in circumstances similar, in all material respects, to those presented herein (e.g. 

Exemption Nos. 11062, 1 1063, 11064, 1 1065, 11066, 11067, 1 1080, 11109,

11110, 11112, 11136, 11 138, 11150, 11153, 1 1 156, 11 157, 1 1 158, 1 1159, 11160,

11161).

4. Reasons Why An Exemption From The Req uirements 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 UAS to the GCS for active monitoring of the flight path and

altitude. This altitude information, combined with Bradley S. Hatcher’s 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, 1 1066, 11067, 1 1080, 11 109, 11 I 12,

11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

5. Reasons Why An Exemption From The Requirements Of Section 91.lSl(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 ,

Bradley S. Hatcher will ensure that he 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 14 minutes to the first point of

intended landing and, assuming normal cruising speed, to fly after that for at least 5

minutes.

Here, as Exemption No . I I 109, 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. lSl (b). Furthermore, safety will be ensured as the DJI

Phantom 3 UAS iOSD provides visual warnings to the PIC at the GCS when

the UAS experiences low battery voltage; the transmitter utilizes a count-down

timer with an aural alert to warn of an impending low battery level. At a

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 mi nimums 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, 1 1042, 1 1062, 11063, 11064, 11065, 11066, 11067, 1 1080,

11109, 11110, 11136, 11138, 11 150, 11 153, 11 156, 11 157, 11158, 11 159, 11 160,

11161).

6. Reasons Why An Exemption From The Requirements Of Sections

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

Adversely Affect Safety.

In seeking this exemption, Bradley S. Hatchersubmits that the equivalent level of

safety with regard to the regulatory maintenance and alteration requirements

established by Sections 9 l.405(a), 91.407(a)(l), 91.409(a)(l) & (a)(2), and

91.417(a) & (b) will be met because Bradley S. Hatcher will use trained technicians to

perform maintenance, alterations, or preventive maintenance on the UAS usi ng the

methods, techniques, and practices prescribed in the operating documents [i.e., DJI

Phantom 3 UAS User Manual, pre-flight checklist, and monthly maintenance log].

Furthermore,Bradley S. Hatcher 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, Bradley S. Hatcher will maintain the equivalent level of safety established

by Sections 91.405(a), 91.409(a)(l), and 91.409(a)(2). A copy of the operating

documents [i.e., DJI Phantom 3 UAS User Manual, pre-flight checklist, and monthly

maintenance log] are attached hereto as Exhibits A, B, C, D, and E, respectively.

Likewise, the exemption sought will not adversely affect safety because Bradley S. 

Hatcher 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, 91.4l 7(a) and 91.417(b),

because all maintenance of the DJI Phantom
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)(l ), 91.409(a)( l) & (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 Bradley S. Hatcher’s proposed operating limitations, the operating

documents, and the technical aspects of the DJI Phantom 3 UAS, Bradley S. Hatcher

submits that safety will not be adversely affected by granting exemption from 14 C.F.R.

Sections 91 .405(a), 91.407(a)(l ) and (a)(2), 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. 1 1062, 1 1063, 11064, 11065, 1 1066, 1 1067, 1 1080, 1 1 109, 1 1 110,

11112, 11 136, 11 138, 11150, 11 153, 11156, 11 157, 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 14C.F.R. § 21.16entitled Special Conditions,Bradley S. Hatcher requests

that the FAA prescribe special conditionsfor the intended operation of the DJI Phantom 3

UAS, which contain such safety standardsthat the Administrator finds necessary to

establish a level ofsafety equivalent to that established by 14C.F.R. Part 21, Subpart H,

and 14C.F.R §§ 61.l 13(a) &(b), 91.7 (a), 91.121, 9l.151(b), 9l .405(a), 91.407(a)(1), 9

l.409(a)(l) &(a)(2), and 9l.4l 7(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 whethe r 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

14C.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 14C.F.R. §21.16, the FAA

may prescribe special conditions for Bradley S. Hatcher’s intended operation of the DJI

Phantom 3UAS,which contain such safety standards that the Administrator finds

necessary to establish a level ofsafety equivalent to that established by 14 C.F.R. Part

21, Subpart H, and 14 C.F.R Sections 6l.l 13(a)& (b), 91.7(a), 91.121, 91.l Sl (b),

91.405(a), 91.407(a)( l), 91.409(a)(l) & (a)(2), and 91.417(a) & (b).

F. A Summary That Can Be Published In The Federal Register, stating: The Rules From

Which Bradley S. Hatcher Seeks Exemption:

Bradley S. Hatcher 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)(l), 91.409(a)(l) &

(a)(2), and 91.41 7(a) & (b).

A Brief Description Of The Nature Of The Exemption Bradley S. Hatcher Seeks:

This exemption will permit Bradley S. Hatcher to commercially operate an
Unmanned Aircraft System (VAS}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 Bradley S. 

Hatcher’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,Bradley S. Hatcher’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.

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,Bradley S. Hatcher 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,Bradley S. Hatcher seeks an exemption pursuant to 14C.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 Bradley S. Hatcher to safely, efficiently, and economically operate the DJI Phantom

3 UAS commercially within the NAS.

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

Modernization and Reform Act of 2012, Section 333,Bradley S. Hatcher respectfully

requests that the Administrator grant this Petition for an exemption from the requirements

of 14 C.F.R Sections 61. l l 3(a) & (b), 91.7(a), 91.121, 91. 151(b), 9l.405(a), 9l.407(a)(1),

9l .409(a)(1) & (a)(2), and 91.417(a) & (b), 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 : December 30, 2015

Respectfully submitted,

 BRADLEY S. HATCHER

__________________________

Bradley S. Hatcher 

830 Abingdon Circle

Shelbyville, KY 40065

 Tel: (502) 442-9188

Appendices:

A-DJI Phantom 3 UAS User Manual

B -Preflight Checklist

C-Monthly Maintenance Log
APPENDIX - A

DJI Phantom 3 UAS User Manual

Due to the size of the subject user manual, an electronic version is located at:

http://download.dji-innovations.com/download s/phantom_3/en/Phantom_3_Advanced_User_Manual_v 1.2_cn.pdf
APPENDIX -B

UAS Preflight Checklist

DJI Phantom 3

Preparation before going flying....

1: Visually inspect the Phantom 3 aircraft for body damage taking greater attention to the

landing gear and camera/gimbal.

2: Check the propellers you will use during a flying session for damage like chips, cracks,

bending and hub wear.

3: Check your batteries for damage/signs of swelling. Swollen batteries should really not be

used for flying.

4: Spin the motors with your fingers and make sure none feel/sound different. 5:

Charge all required flight batteries.Run the battery self-check feature.

6: Charge the Phantom 3 controller and power on/off to verify itworks.

7: Charge your mobile device. Close all running apps then test the Pilot App to make sure it

opens.

8: Make sure you have MicroSD card(s) available empty/formatted. Slot one inside the Phantom

ready.

9: Power on the controller then Phantom 3 and quickly check that IMU readings are within

range. It should normally be OK. Power everything back off.

10. Cache maps in the DJI Pilot App is needed.

11:Make sure Gimbal guard isfitted before transport. You can use the one that came with the

Phantom or another 3rd party one you might have purchased.

12: Pack the Phantom 3 in your chosen transport method making sure it's secure. Many

cases and backpacks available.

13. Check Weather, Solar Radiation/Storm Levels, Wind speed/direction and isthe location

you will fly in is within a No Fly Zone or not.
o Pre-Flight...

1: Make sure the area you are going to fly in issafe not only for you and your phantom but

members of the public, animals and other aircraft too. A big wide open field would be best for

the first few flights.

2: Carefully unpack the Phantom 3 and the controller, tablet, batteries and propellers onto a

clean surface. Ifyou transport in a case you can place them on top or take a small plywood

board with you for this purpose. Check the Phantom to make sure it's OK. Also remember to

remove any lens cap and check the lens is clean on the camera.

3: Mount your tablet/phone onto the Phantom 3 controller and attach the USB cable from

the device to it.

4: Put the battery into the Phantom 3 making sure it is seated correctly ( should be almost

no gap between the Phantom's shell and the battery ).

5: Attach a set of propellers to each motor. Make sure to mount the Black headed hubs to the

black tipped motors and the Gray headed hubsto the silver tipped motors. Make sure to snugly 

tighten the propellers by hand.

6: Place the Phantom 3 on clean level ground. Use a small square sheet of plywood or a

transport case if needed.

7: Remove the Gimbal Guard.

8: Power on the controller and then the Phantom 3. Open the Pilot App on your tablet/phone

and verify you can see a live feed from the aircraft. Allow it to set a "Home Point". Monitor

the aircraft's status lights to confirm this as well as the Pilot App. Have the antennas setup like

Rabbit Ears (Looking at the controller form the side

_I - Looking at the controller form the front \_I ).

9. Turn the volume UP on the tablet with the Pilot App Open.

10: Calibrate the compass. Keep the Phantom about 10 feet from the controller and any

metal objects when doing compass calibration. If the calibration fails, move the Phantom

from its current location and try again.

12. Check that the PAF switch is in the desired position. P mode is best to start with.

13: Move about 10 feet from the Phantom making sure the back of it is facing you. Arm

the motors using the CSC ( Combination Stick Command ). The Pilot App will confirm

the aircraft is ready to fly.
14:Slowly increase the throttle and lift the Phantom 3 about 15 feet off the ground. Do a slow

left/right/forward/back movement and YAW to confirm its stable and working as expected.

You can now enjoy flying the DJI Phantom 3.

c Post-Flight...

1: Land or hand catch the Phantom 3 and power it off (it will take a few seconds before the

aircraft switched off, don't do anything until its OFF ). Power off the controller.

2:With the Phantom 3 on a clean surface, give it a quick check for damage , dirt and dead

flies.

3: Remove the propellers, use the provided prop tool to loosen them if needed. Give them a

quick look over for damage before storing them.

4: Remove the battery. It might be a little warm after flight, this is normal. Check it for

damage/swelling and if all is OK, place it to one side to cool a little whilst you do everything

else.

5: Remove the phone/tablet from the holder and store it and the controller. 6:

Refit the Gimbal Guard

7:Putthe Phantom3 back initscase/backpack. 8:Put

the battery backinthecase/backpack.

9: Make sure you haven't left anything behind before going home to check the video/photos
APPENDIX-C

MONTHLY MAINTENANCES LOG

month· (year·

UAS Date Of 

Issue

Discovered

Date of 

Issue

Addressed

Issue(Description & (Maintenance{Conducted)

Maintenance Performed by: 

Print and Sign

Software(Updates

Airframe(

Engines

Propellers

Camera(Gimbal

Landing{Gear

Vibration

Other: