### UNITED STATES OF AMERICA 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 1 4 OF THE CODE OF FEDERAL REGULATIONS SECTIONS 61

. 1 13(a) & 

### (b), 91.7(a), 91

. 1 2 1 , 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 3 3 3 OF THE FAA MODERNIZATION AND REFORM ACT OF

2012 (PUBLIC LAW 112

- 95)

Submitted on December 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 AN D INTERESTS OF PETITIONE R



### ................................ .............. 4
BACKGROUND

................................ ................................ ................................ ........................ 4 BASIS FOR PETITION

................................ ................................ ................................ ............. 5 A. NAME AN D A DDRESS OF PETITIONER

................................ .......................... 7 B. THE SPECIFIC SECTIONS OF 1 4 C.F.R. FROM WHICH BRADLEY S. HATCHER SEEKS EXEMPTION

................................ ................................ ........ 7 C. THE EXTENT OF RELI EF BRADLEY S. HATCHER S EE KS AND THE REASON BRADLEY S. HATCHER SEEKS THE RELIEF

................................ ................................ ................................ ....................... 1 1 D. T HE 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 AFFEC T SAFETY

................................ ................................ ........ 17
F. SUMMARY THAT CAN BE P UB LISH ED IN THE F E D E RAL REGISTER

................................ ................................ ................................ ............. 31 G. ANY ADDITIONAL INF ORMATI ON, VI EWS , OR ARGUMENT S AVA IL AB LE 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 Ai r Traffic Organization Aerial Vehicle Code of Federal Regulations Certificate of Authorization Federal Aviation Administration Federal Aviation Regul ation Ground Control Station Global Positioning System Lo ss of Link National Airspace System Notice to Airman Pilot In Command FAA Modernization and Reform Act of 2012 (FMRA) Section 333 Safety Observer Standard Operating Procedures Unmanned Aircraft Unmanned Aircraft System Visual Flight Rule s Visual Line of Site Visual Meteorological Conditions Vertical Takeoff and Land i n g**SUMM ARY**  Bradley S. Hatcher seeks exem pti on from the requirements of 14 C .F.R §§ 61. l 13(a) & (b), 91.7(a), 9 1 .12 1 , 9 1

. 1 5 l (b ) , 9 1

. 405(a), 91 .407(a)( l ) , 91.409(a)(l ) & (a)(2 ) , and 9 **l** .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 o f
c onducting general still and video photography , real estate photography, news and special
events , film sets , and l andscape over certain areas of the United States.

**INTRODUCTION AND INTERESTS**  **OF THE**  **P E**  **TITIONER** Bradley S. Hatcher will provide hi s clients with expertise and knowledge i n adva nc ed techno l ogies and so lution s to increase efficiency, productivity and effecti ve n ess . Bradley S. Hatcher will also provide its clients w ith 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 Contro l Tower Operator' s (CTO) li cense and Radar facility rating. The obj ective of Bradley S. Hatcher’s aerial video and photography operation is to provide high quality imaging for a vari ety of commercial , public , and residential u ses , specifically targeting:



### • General Videography and Photography



### • Motion Picture and News Fi l ming



### • Real Estat e Photography



### • Increase public knowl edge of U AS and promote safe UAS op erat i o n s .
**BACKGROUND** Unmanned Aircraft Systems: DJI Phantom 3 Bradley S. Hatcher seeks an exemption to operate a DJI Phantom 3 UAS for compensat i on or hire within the NAS. The DJI Phantom 3 UAS is a vertical takeoff a nd landing (VTOL) Unmanned Ai rcraft System (UAS) with a Ground Control Station (GCS) utilizi n g a 2.4 GHz tran smitter. The GPS

-based autop il ot system is OPS & GLONASS capable and utilizes a main controller, an InertMeasurement 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 regi stered in accordance with 49 U.S.C. 44103 , Registration of Aircraft , as well as 14 C. F .R Part 47 , A ircraft Regis tration, and marked in accordance with 14 C.F.R. Part 4 5 , 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 201 2 (FMRA) , Section 333 , Special Rules for Certain U nmanned Aircraft S

y stems , hereby petitions the Administrator to commercially op erate the DJI Phantom 3 UAS in th e 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 D JI Phantom 3 UAS meets the conditions of FMRA Section 333 , and therefore , will not require
an airworthiness certificate i n 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 maintenanc e , 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 leve l 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 3 UAS in a manner consistent with this exemption , including evasive and emergency maneu vers and maintaining appropriate distances from people , vessels, vehicles and structures. Bradley S. Hatcher seeks relief from Section 91.7(a) , entitled Civil aircraft airworthiness, because the D JI Phantom 3 UAS does not require an airworthine ss certificate in accordance with 14 C.F .R. Part 21 , Subpart H. As such , Bradley S. Hatcher submits that the PIC will ensure that the D JI Phantom 3 i s in an airworthy condition, prior to every flight , by determining that the UAS is i n compl iance with the operati ng documents [i.e. , DJI Phantom 3 UAS User Manual, pre - flight checklist , and monthly maintenance lo g] , 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 D J I Phanto m 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 PositioningSystem (OPS) equipment and radio communications telemetry data li nk , · which downlinks from the UA to th e GCS for active monitoring of the flight path. This altitude information , comb i ned 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 requirement s for flight in VF

R conditions. Bradley S. Hatcher submits that safety will not be affected by operation of the DJI Phantom 3 UAS during daylight hours i n visual meteoro logical cond itions (VMC) under visual flight rul es (VFR), with enough battery power to fly for a total duration of approxi mately 14 minutes to the first point of intended landing and , assuming normal cruis i ng speed, to fly after that for at least 5 minutes. In accordance with 1 4 C.F.R. § 1 1.81 , Bradley S. Hatcher provides the following information i n support of its petition for exemption:

A. Name And Address Of The Petitioner. The name and address of t h e 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 14 C.F.R. from Which Bradley S. Hatcher Seeks Exemption. 

### 1. Bradley S. Hatcher Seeks Exemption From The Req uirements Of Section 61

. 1 13(a) And (b). Section 61

. 1 1 3 , entitled Private pilot privileges and limi tations: 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 carryi ng passengers or property for compensation or hire; nor may that person , for compensation or hire , act as PIC of an aircraft. 

### (b) A priv ate 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) , states the 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 operati ng an aircraft shall mai ntain 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 ther e is no station within th e 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 Fu e l requirementsfor flight in VFR conditions, subsection (b) , states the following: (b) No person ma

y begin a flight in a rotorcraft under V FR conditions unless (considering wind and forecast weather conditions ) there is enough fuel to f l y to the first point of intended landing and , assuming normal cruising speed, to fl y after that for at leas t 20 minutes. 

### 5. Bradley S. Hatcher Seeks Exemption From The Requirement Of Section 91.405(a).Section 91.40 5 , entitled M aintenance 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 o f 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 undergon e mai nt enance, preventive mai ntenanc e , 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 i n 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 o f this chapter and has been approved for return to servic e by a person authorized by § 43.7 o f this chapter; or 

### (1) An inspection for the issuance of an airworthiness certificate in accordanc e 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 followi ng: 

### (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 requ i red or approved inspections , as appropriate , for each aircraft (including the airframe) and each engine , propeller , rotor , and appliance of an aircraft. The records mustinclude

-- 

### (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 servic e . 

### (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) Th e current insp ection status of the aircraft , including th e 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 d irecti ves i ncludin g , for eac h , the method of complianc e , the AD or safety directive number and revision date. If the AD or safety directive invo l v es 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 spec ified in paragraph (a)(2) of this section shall be retained and transferred with the aircraft at the time the aircraft is sold. 

### (3) A li st of defects furnished to a regi stered owner or operator under § 43.1 1 of this chapter shall be retained until the defects are repaired and the aircraft is approved for retur

n to service.

### C. The Extent Of Relief Bradley S. Hatcher Seeks And The Reason Bradley S. Hatcher Seeks

The Relie f

. 

### 1. Extent Of Relief Bradley S. Hatcher Seeks And The Reason Bradley S. Hatcher Seeks Relief From Section 61

. 1 13(a) And (b). Re li ef from Section 6 l

. l l 3(a) and (b) e n ti tled Private pilot privileges and limitations: Pilot in command, i s requ es t ed to the extent necessary to allow a PIC holding a private pilot or higher l evel certificate, who meets FAA approved medical standards, and who has met certain flight

- hour and currency requiremen ts, to conduct th e proposed UAS flight operations for compensation or hire.
This relief i s requested s ince the l imit ations set forth in Section 6l. l l 3(a) and (b) state that a private pilot m ay, for compensati on or hire, act as PIC of an aircraft in
conn ecti on with any b u siness or emp loym e nt i f: ( 1 ) T h e flight i s only incidental to that business or employm ent; and (2) The aircraft does n ot carry passengers or property for compensati on or hire.
As set forth more fully be l ow, Bradley S. Hatcher submits that an equivalent l eve l of safety will be maintained b ecause no PIC will b e allowed to operate th e D JI Phantom 3 UAS unless that PI C has met cert ai n flight

- hour and currency requirements , demonstrating that the PIC is able to safe ly op erate the DJ I Phantom 3 UAS in a manner consistent with the operati o n s spec ifications as described i n this exemption , including evasive and emergency maneuvers , as we ll
as maintaining appropri ate di stances from people, vessels,
ve hicl es and structures . Further , Bradley S. Hatcher submits that all fl i ghts of the D JI Phantom 3 UAS , conducted by the P I C pu r suan t to the grant of this Petition: (1) will be in cidental to Bradley S. Hatcher’s business; and (2) w i ll n ot carry passengers or property for compensation or hire.


### 2. Extent Of Bradley S. Hatcher Seeks And The Re a son Bradley S. Hatcher Seeks Relief From Section 91.7(a).Relief from Section 9 l.7(a) e nti tl ed 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 b y 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 airworthines s certificate in accordance with 14 C.F.R. Part 21 , Subpart H. Therefore , Bradley S. Hatcher will ensure that the DJI Phantom 3 UAS i s 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

. 1 21. 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 contro l station (GCS)

. Since the FAA requires that any altitude inform ation concerning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL) , Bradley S. Hatcher seeks the requested re lief bec ause the DJI Phantom 3 UAS'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 alti tude of the proposed operations , relief from 1 4 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 equival ent level of safety will be maintained since the DJI Phantom 3 UAS isequipped 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 DJ I 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.
Significantl y, 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 pow er to fly for a total duration of 14 minut es 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 91.41 7( 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 reque sts relief from these Sections because the DJI Phantom 3 UAS does not require airworthiness certificates. As set forth more fully below , the DJIPhantom 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 method s , 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 It Would 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 p erform 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 D JI 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 D JI Phantom 3 UAS will be realized without introducing any privacy issues.
l. The Public Will Benefit From Decreased Congestion Of The NAS. The D JI Phantom 3 UAS is battery powered and serves as a safe , effici ent , 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 ai r 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 D JI Phantom 3 U AS does not require an airport to takeoff orland. Li kewise, a reduction of manned aircraft conducting aerial video and photography missions would result in fewer aircraft that must be h andled by air traffic control during the ground, takeoff

, departure , arrival , and landing phas es 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, th e DJI Phanto m 3 UA S produces n o air pollution , and is the most viable environmentally conscious alternative to the cabin class , six cylinder internal combustion eng i n e aircraft that a re typ ic ally utilized for aerial video and photography, wh il e burning approxi mately 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 nois e po lluti on, as the UAS
are propelled b y battery powered e l ectri c motors rather than an internal combust i on
engine

. By using the DJI Phantom 3 UAS to perform aerial acquis iti ons , the risk to life and property in the air and on the ground, which is usually assoc i ated with traditional manned aircraf

t flight operations , will b e substantially reduced or comp l etely elim inate d

. Aside from th e l ack of flight crew memb ers located onboard the aircraft , the DJI Phantom 3 UAS , weighing approximately 2.8 pounds at its maximum gross weight , w ith a length of 23 and 22 inches , and with no fuel on board , has less physical potenti al for collateral damage to l ife 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 DPhantom 3 UAS 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 , op eration 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 i nvest in research and development in order to remain competitive both in t h e United States and abroad.


### 4. There Are No Privacy Issues. Similar to the manned aerial acquisition flight operations that have b e en conducted for decade s , 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 op erate d i n 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 E q ual 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 3 3 3

. 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 1 4 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 enactm ent of this, the Secretary of Transportation shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion of theplan 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

. --I n making the determination under subsection (a), the Secretar y 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 44 704 of title 49 , United States Code

, i s 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 Secretar y shall establish requirements for the safe operation ofsuch 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 D JI Phantom 3 UAS. The technical specifications of the DJI Phantom 3 UAS are set forth in the User Manual s , 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 i n the User Manual, attached h ereto 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 th e 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 do es not reacquire control link data from the GC S, 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 3 UAS 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 Exhi bits 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 pi l ot 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 D JI Phantom 3 UAS for the purpose of conducti ng aerial video and photography over certain areas of United States , pursuant to th e following specific operating limitations:


### 1. Operations authorized by this grant of exemption will be limited to th e followi ng 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 n ew petition or a petition to amend this grant. 

### 2. UAS op erations 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 theoperating 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 devic e 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 traf fic and other ground based obstacle s /obstructions and is not per m itted to operate the camera or other instruments. Th e 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 th e procedures as outlined i n its operating documents. The operator may update or revise its operating documents. It is the operator' s responsibility to track such revisions and pres ent updated and revised documents to the Administrator upon request. The operator must also pres ent updated and revised documents if it petitions for extension or amendment to the grant o f 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. Th e FAA's UAS Integration Office (AFS

- 80) may b e 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 beincluded 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 characteristic s , 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 - fligh t inspection must account for all potential discrepancie s , e. g. inoperable components , items , or equipment , not already covered in the re l evant sections of the operating documents. l 3. The operator must follow the UAS manufacturer 's aircraft /component, maintenanc e , overhaul , replacement, inspection , and life limit requirements. 

### 14. The operator must carry out its maintenance , i nspections , and record keeping requirements, in accordance with the operating documents. Maintenance , insp ecti on , alterations , and status of replacement/overhaul com ponent parts mu st be noted in the aircraft records , including total time in service, description of work accomplished , and the signature of the authori ze d p ers on returning the UAS to service. 

### 15. Each UAS operated under this exemption must comply with all manufacturer Safety Bulletins. 

### 16. The authorized p erson must mak e an entry i n the aircraft record of the corrective action taken against d iscrepancies discovered between inspections. 

### 17. The PIC must possess at least a private pilot certificate , and meet FAA approved medical standards. 

### 18. The op erator may not permit any PIC to op erate 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 distanc e s from persons , vessels, ve hicl es and structures. PIC qualification fli ght hours must be lo gge d in a manner consistent with 14 C.F.R. § 61.51 (b)

. Flights for the purposes of training the operator' s PI Cs are permitted under the terms of the exemption. However , training operations may only be conducted during de dicated training sessions. During training , proficiency, and experi ence - buildin g flights , all persons not essential for fli ght operations are considered nonparticipants , and the P IC mu st operate the UAS withappropriate 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 m eteorolo g ical conditions (VMC). If flight at night is required , a special request will be mad e at the FAA office closest to proposed area of operations. Flights under special visual flight rules (SVF R) are not authorized. 20. The UAS may not operate within 5 nautical miles of an airport reference point as denoted on a current FAA

- pub lished aeronautical chart unl ess a letter of agreement with that airport ' s ATC Tower or airport management is obtaine d , and the operation i s conducted in accordance with a NOT AM 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 le ss than 500 feet below or less than 2 , 000 feet horizontally from a cloud or wh en visibility is l ess 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 w i th 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 th e operator to request a Notice to Airman (NOTAM) not more than 72 hours in advance , but not le ss than 48 hour s prior to the operation. All operations shall be conducted in accordance with airspace requirements in the ATO i ssued COA i ncluding class of airspace , altitude l eve l and potential transponder requirements. 26. All aircraft operated in accordance w i th 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 U AS mus t comply w i th the Federal Communications Commi ssion (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 Contro l S tation of the UAS any t im e 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 yie ld the right of way to all manned avi ation operati ons and activities at all times. 30. The UAS may not be operated by the PIC from any moving device or vehicle. 31. Flight operations mus t be conducted at a safe distance from all nonparticipating persons (persons other than th e PI C , SO , operator trainees or essential persons) , vess e l s , vehicles , and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UAS and/or debris in th e event of an accident. The operator must ensure that nonparticipating persons remain under such protection. I f a situation arises where nonparticipating persons leave such protection and are at an unsafe distance from the UAS , flight operations must cease imm e d i ately and/or; b. The aircraft is operated near vessels , vehicles or structures whe r e the owner/controller of such vessels, vehicles or structures has granted permission and the PIC has made a safety assessment of th e risk of operating closer to those objects and determined that it does not present an undu e hazard , and;

c. Operati ons nearer to the PIC , SO , operator trainees or essenti a l persons do not present an undue hazard to thos e 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 obtai ned 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 contai ned on the NTSB Web site.

### 2. Reasons Why An Exemption From The Requirements Of Section 61

. 1 1 3(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 exem ption , including evasive and emergency
maneuvers and maintaining appropriate distances from peopl e , 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 thos e of commercial pilot requirements (See Exemption No. 1 1 062); 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
nec essary for Bradley S. Hatcher ‘s specific proposed flight operations.

The FAA ha s previously granted relief from Section 61.1 13(a) and (b) specific to UAS , i n circumstances similar, in all material respects , to those presented herein (e.g. Exemption Nos. 11062 , 11063 , 11064 , 11065 , 11066 , 11067, 11080 , 11 1 09, 1 11 10, 11 112 , 11136 , 11 138 , 11150, 11 153 , 1 1 1 56 , 11 158, 1 115 9, 1 1 160 , 11161).
Bradley S. Hatcher will not allow any PIC to operate t h e DJI Phantom 3 UAS unless that PIC has demonstrated, by meeting minimum flight

-hour requirements or the D JI 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, includin g 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 t h e preceding 90 days (for currency purposes).

As in Exemption Nos. 11062, 1 1 13 8, 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 Exem ption No. 11062, the FAA required that prior to conducting operations for the purpose of motion picture filming (or similar operations ) , the PIC mu st have accumulated and logged , i n a manner consistent with 1 4 CFR 61.Sl(b), 25 hours o f 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. 11 062 , 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 add itive; 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 inc l uded in the total 25 hours of U AS rotorcraft time. In add ition 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 th e skills n ecessary to safely conduct the petitioner's proposed operations. The FAA also finds that prior documented flight experience that was obtained i n 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 b y not allowing any PIC to operate the DJI Phantom 3 UAS unl ess that PIC h as demonstrated , by meeting minimum fl i ght

-hour and currency requirements , that th e PIC is abl e to safely operate the DJI Phantom 3 UAS in a m ann er consistent with the exemption , including evasive and emergency maneuvers and maintaining appropriate distances from peopl e , 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 b ecaus e prior to every flight , Bradley S. Hatcher will en sure that the DJI Phantom 3 UAS is in an airworthy condition b ased upon the UA S ' s com pliance wi th its operating document s and as stated in the conditions and limitation s h ere in

.
Additionally , the FAA has previously granted reli ef from Section 9 l.7(a) specific to UAS, in circumstances similar, in all material re spects , to those presented herein (e.g

. Exem ption Nos. 1 10 62 , 1 1063 , 11064 , 1 106 5 , 11066 , 11067 , 1 1080, 11109 , 11110 , 1 11 12 , 11136 , 1 1 138 , 11 150 , 11153 , 1 1 15 6, 11 157 , 1 1 15 8, 1 1159 , 11160 , 11161). 

### 4. Reasons Wh y An Exemption From The Req uirements Of Section 91

. 1 21 Would Not Adversely Affect Safety. The equivalent leve l of safety established by Section 91

. 121 will be maintained b ecause the altit

ude i nfo rmation of the DJI Phantom 3 UAS will be provided to the PIC via GP S equi p m ent and a radio communications te l emetry data link , whi c h downlinks from the UAS to the GCS for acti ve monitoring of the fli ght path and altitude. This altitude information , combined with Bradley S. Hatcher’s operation of the DJI Phantom 3 UAS within vi sual line of sight , at or be low 500 feet AGL, will en sure
a l eve l of safety equi va l e nt to Secti on 91.121. The altitude information will be generate d by GPS equipme nt in stall ed onboard the aircraft. Prior to each flight , a zero altitude initiation p oint isautomat icall y estab li shed by the UAS at ground l evel. The FAA has previous ly granted relief from Section 91.121 specific to UAS, in circumstances s imil ar, in all material respects , to those presented herein (e

. g. Exemption Nos. 11062 , 1 1063, 1 1064, 1 1 065, 1 1066, 1 1 067, 1 1 080 , 11 109, 11 I 1 2, 11136 , 11138, 1 1 150 , 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 wou ld ensure an equivalent leve l of safety established by 14 C.F .R. Section 9 1. 151 (b) as a result of (1 ) the technic a l specifications of the DJI Phantom 3 UAS; (2) the limitati ons on the proposed fl i ght operat i ons; 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 h o ur s i n VFR conditions , with enough battery power to fly for a total duration of 1 4 minutes to the first point of intended landing and , assumi ng normal cruis i ng speed, to fly after that for at l east 5 minutes

.
Here , as Exempti o n No

. I I 109, the technical specifications of the DJI Phantom 3 UAS; the limitations on the proposed flight operat i on s; a nd the l ocati o n of the proposed operations , will ensure an equi va l ent level of safety established by 1 4 C.F.R. Section 91. lSl (b). Furthermore , safety will be ensured as the DJI Phantom 3 UAS i OSD provides visual warnings to the PIC at the GCS when the UAS experi ences low battery voltage; th e transm i tter utilizes a count
- down timer with an aural alert to warn of an impending low battery level. At a critically low battery leve l , the DJI Phantom 3 UAS will descend and land automatic a l l y.
Significantly, previous exemptions granted by the FAA concerning Section 91.151 estab li sh that safety is not adver sely affected when the technical characteri s ti cs and operat i ng limitati ons of the UAS are considered. Rel i ef has been granted for manned aircraft to operate at less than the mi n i mums prescrib ed i n Section 91. 1 51 ,including Exemption Nos. 2689 , 5745 , and 10650. Moreover , the FAA h as previously granted reli e f from Section 91. 151 spec ific to UAS , in circumstances similar, in all m a

t erial respects , to tho s e presented herein ( e .g. Exempti o n No s . 881 1 , 1 0808 , 10673 , 1 1 042 , 1 106 2 , 11063 , 11064 , 11065 , 11066 , 1 10 6 7 , 1 1080, 1 1 10 9 , 111 10 , 1 1136 , 11 138 , 11 150 , 1 1 1 53 , 11 156 , 1 1 15 7, 11158 , 11 15 9 , 1 1 1 60 , 111 6 1 )

. 

### 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 thi s exemption , Bradley S. Hatcher submit s that the equi va l ent level of safety w i th regard to the regulatory maintenance and alterati o n requirements established by Sections 9 l.405 (a) , 91.407(a)(l) , 91.409(a)(l) & (a)(2) , and 9 1.417 (a) & (b) will be met because Bradley S. Hatcher will use trained technicians to perform maintenanc e , alteration s , or preventive maintenanc e on the UAS us i ng th e methods , techniq

u es , and practices prescribed i n the operating documents [i.e., DJI Phantom 3 UAS Us er Manual , pre - flight checklist , and monthly maintenance l og]

. Furth ermo re , Bradley S. Hatcher will document and mai ntain all maintenance records for the DJI Phantom 3 UAS

.

Since the DJI Phantom 3 UAS will b e inspected as prescribed by th e operating documents, Bradley S. Hatcher will maintain the equivalent leve l 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 l og] are attached hereto as Exhibits A , B , C , D , and E, respectively .
Likewis e, the exemption sought will not advers e ly affect safety because Bradley S. Hatcher will u se trained technicians to perform maintenanc e , alterations or preventi ve maintenance on the UAS using th e methods , t echni qu es , and practices prescribed by th e operating documents. Furthermo re, the exempti on sought would maintain an equivalent l evel of safety established by Sections 91.407 , 91.4 l 7(a) and 91.417(b) , because all maintenance of the DJI PhantomUAS will be performed by trained technic ians

. Maintenance will be do cumented and maintained utilizing the monthly maintenance l og . Significantly, previous exemptions granted by th e 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 th e technical characterist i cs and operating limitati ons of th e UAS are considered.

In considerati on o f Bradley S. Hatcher ’s proposed operating limitations , the operating documents , and the technical aspects of th e DJI Phantom 3 UAS , Bradley S. Hatcher submits that safety will not be adverse ly affected by granting exempti o n from 1 4 C.F.R. Se ction s 9 1 .405(a) , 91.407(a)(l ) and (a)(2) , 91 .409(a)(2) , and 91.417(a) a nd (b)

. The FAA has previous l y granted relief specific to UAS in circums t ances s imi lar , in a ll material respects , t o those pres ented here in (e . g . Exemption Nos. 1 1 062 , 1 1 063 , 11 0 64 , 1 1065 , 1 1 066 , 1 1067 , 1 1 080 , 1 1 10 9 , 1 1 1 1 0 , 1 1 1 1 2 , 1 1 1 36 , 1 1 138 , 11150 , 1 1 1 53 , 1 1 1 5 6 , 1 1 1 57 , 1 1158 , 1 1 159 , 1 11 60 , 1 11 6 1 )

. 

### 7. The FAA May Prescribe Any Other Conditions For Safe Operation

. In accordance wi th Sec tion 333 of the FAA Modernization and Reform Act of 20 1 2 (FMRA) and 1 4 C.F.R

. § 2 1.16 entitled Special Conditions , Bradley S. Hatcher requests that the FAA prescribe special conditions for the intended operation of the DJI Phantom 3 UAS , whi ch contain such safety standards that the Administrator finds necessary to estab li sh a l evel of safety equivale nt to that established by 14 C.F.R. Part 21 , S u bpart H , and 14 C

. F .R § § 61. l 1 3(a) & (b) , 91.7 ( a) , 91.121 , 9 l.151(b ) , 9 l .405(a) , 91 .407(a) ( 1 ) , 9 l.409(a) ( l ) & ( a)(2) , and 9 l.4 l 7(a) & (b). Such special c onditions will permit safe operation of the UAS for the limite d purpose of conducting aerial video and photograph y over certain areas of the United States for compensat i on or hi re . FMRA Sec ti on 333 sets forth the requirements for
con sidering 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 14 C.F.R. Part 21 do not contain adequate or appropriate safety standards , due to the
nove l 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 no t contain adequate or appropriate safety standards for an aircraft , aircraft engine , or propeller because of a novel or unusual design feature of th e aircraft, aircraft engine or propeller, he prescribes special conditions and amendments thereto for the product. The special conditions are issued in accordance with Part 1 1 of this chapter and contain such safety standards for the aircraft , aircraft engi n e 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 Bradley S. Hatcher ’s intended operation of the D JI 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 6 l. l 13(a) & (b) , 91.7(a) , 91.121 , 91. l S l (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 exemptio n from the requirements of 14 C.F.R Sections 61.113(a)&(b), 91. 7(a), 91.121 , 91.151 (b), 91.405(a), 91.40 7(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 willpermit Bradley S. Hatcher to commercially operate anUnmanned 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
ai rworthiness c ertification

.
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 14 C.F.R. § 1 1.6 1 and Section 333 of the FAA Mo derni zation and Reform Act of 201 2 (FMRA) , which wi ll 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 Uni ted States

. By granting this Peti tion , the FAA Administrator will be fulfilling th e Congressional mandate of the FAA Modern i zation an d Reform Act of 2012, while also advancing the interests of the public , by allowing Bradley S. Hatcher to safely , efficiently , and economically operate the D JI Phantom 3 UAS commercially wi thin the NAS. **WHEREFORE ,**  in accordance w i t h the Federa l Av i ation Regul ati ons and the FAA Modernization and Reform Act of 2012, Secti on 333 , Bradley S. Hatcher respectfully requests that the Admini strator grant this Petition for an exemption from the requirement s of 14 C.F.R Sec ti ons 61. l l 3(a) & (b), 91.7(a), 9 1.1 21, 91. 1 5 1 (b) , 9 l.405(a) , 9 l. 407(a)(1 ), 9 l .409(a)(1 ) & (a)(2) , and 91.417(a) & (b), to operat e the D JI Phantom 3 UAS commercial ly for th e purpose of conducting aeri a l video and photography over certain areas of the United States.
Dated : December 30, 201 5 Respectfully submitted,
BRADLEY S. HATCHER

__________________________ Bradley S. Hatcher 830 Abingdon Circle Shelbyville, KY 40065 Tel: (502) 442

- 9188 Appendices: A

- D JI Phantom 3 UAS User Manual B

- Preflight Checklist C

- Monthly Mai ntenance Log

### APPENDIX
**- A**  DJI Phantom 3 UAS User Manual Du e to the size of th e subject user manual , an electronic vers ion is located at: http: //downl oad.dj i

- 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 li ke 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 fl i

ght batterie s . Run the battery se lf

- check feature.
6: Charge the Phantom 3 controller and power on/off to verify i t works. 7: Charge your mobile device. Close all running apps then test the Pilot App to make sure i t opens. 8: Make sure you have M i croSD card(s) avai l

able empty/formatted. S l ot one i ns i de 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 i

n the D JI P i

lot App is neede d

. 1 1 : Make sure Gi

mbal guard is fitted before transport. You can use the one that came with the Phantom or another 3rd party one you might have purchase d

. 1 2: Pack the Phantom 3 i

n your chosen transport method making sure i t's secure. Many cases and backpacks available. 13. Check Weather, So lar Radiation/Storm Leve ls, Wind speed/di rection and is the l ocation you will f

ly i n is within a No Fly Zone or not.o **Pre**
**- Flight...** 

**1:** Make sure the area you are go ing to fly i n i s safe not onl

y for you and your phantom but members of the pub lic, animals and other aircraft too. A b i g w i de open field would be best for the first few f

li ghts. **2:** Carefully unpack the Phantom 3 and the controller, tablet , batteri es 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 l

ens cap and check the lens is c lean on the camera. 3: Mount your tabl et/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 hubs to the silver tipped motors. Make sure to snugly ti ghten 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 Po i nt". Monitor the aircraft's status l

i ghts to confirm this as well as the Pil ot App. Have the antennas setup li ke Rabb i t Ears (Look i

ng at the controller form the s ide _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 do i

ng compass cal ibration. If the cal i bration fai ls, move the Phantom from i ts current location and try agai n . **1 2.**  Check that the PAF s w i tch is i n the desired pos i

tion. P mode is best to start with

. **1 3**  **:** Move about 10 feet from the Phantom making sure the back of i t is facing you . Arm the motors using the CSC ( Combination Stick Command )

. The Pilot App will confirm the aircraft is ready to fly.**1 4**  **:** Slowly i ncrease the throttl e and lift the Phantom 3 about 15 feet off the ground. Do a s low l eft/ r i ght/forward/back movement and YAW to confirm i ts stab le and worki ng as expected. You can now enjoy flying the D JI 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 swi

tched of f , don't do anythi ng unt i

l i ts OFF ). Power off the controller. 2 : With the Phantom 3 on a clean surfac e , give i t a quick check for damag e , dirt and dead flies

. 3 : Remove the propellers, use the provided prop tool to loosen them if needed. Gi ve them a quick look over for damage before storing them

. 4: Remove the battery . It mi ght be a l i ttle warm after fli

ght , this i s normal. Check it for damage/swelling and if all i s O K , p l ace i t to one s i

de to cool a l

i ttle whi lst you do everything else

. 5: Remove the phone/tablet from the holder and store i t and the controller. 6: Refit the Gimbal Guard 7 : Put the Phantom 3 back in i t s case/backpack

. 8 : Put the battery back i

n the cas e/ backpack

. 9: Make sure you haven't l eft anythi ng behind bef

or e g o i ng home to check the video/photos

### APPENDIX
**- C** 

**MONTHLY MAINTENANCES L OG**  month· (yea r · **UAS** Date Of I ss u e D i scovered Date of

Issue Add resse d Is

sue(D e scriptio n & (

Maintenanc e {Conducted) Ma i ntenance Performed by: Print and Sign Software(Updates
Airfra me (

E n g i n e s Prope ll ers
Came r a(Gimba l
L anding { Gear

Vibratio n
Othe r :