UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

Regulatory Docket No.

**IN THE MATTER OF THE PETITION FOR EXEMPTION OF:** 

**Fred G. Mullins, III**

**FOR AN**  **EXEMPTION SEEKING**  **RELIEF FROM**  **THE REQUIREMENTS**  **OF**

**TITLE 14 OF THE CODE OF FEDERAL REGULATIONS**

**SECTIONS 61.113(a)**  **& (b),**  **91.7(a), 91.121,**  **91.151(b), 91.405(a),**  **91.407(a)(1),**

**91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL** 

**OPERATION OF DJI PHANTOM 3 PROFESSIONAL AND DJI INSPIRE 1** 

**UNMANNED AIRCRAFT SYSTEMS** 

**PURSUANT TO SECTION 333 OF**

**THE FAA**  **MODERNIZATION AND**  **REFORM ACT**  **OF 2012** 

**(PUBLIC LAW 112** 

**- 95)** 

Submitted on July 10 , 2015

Fred G. Mullins, III

220 Airport Drive S

Summerland Key, FL 33042

Tel: (305) 745

- 94412 **TABLE OF CONTENTS** 

Page

GLOSSARY OF ABBREVIATIONS.

................................ ................................ ................. 3

SUMMARY.

................................ ................................ ................................ ......................... 4

INTRODUCTION AND INTERESTS OF PETITIONER.

................................ ................... 4

BACKGROUND.

................................ ................................ ................................ .................. 4

BASIS FOR PETITION.

................................ ................................ ................................ ....... 5

NAME AND ADDRESS OF PETITIONER.

................................ ........................... 7

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH FRED G.

MULLINS, III SEEKS EXEMPTION.

................................ ....... 8

THE EXTENT OF RELIEF FRED G. MULLINS, III SEEKS AND THE

REASON FRED G. MULLINS, III SEEKS THE RELIEF............... 11

THE REASONS WHY GRANTING FRED G. MULLINS, III ’S REQUEST

WOULD BE IN THE PUBLIC INTEREST

.......... ............................... 15

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT

ADVERSELY AFFECT SAFETY.

................................ ................................ ........ 19

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REG ISTER.

.... 34

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS

AVAILABLE TO SUPPORT FRED G. MULLINS, III ’S REQUEST....

................................ ................................ ................................ ................. 34

CONCLUSION.

................................ ................................ ................................ .................. 35

APPENDICES........................................................................................373 **GLOSSARY OF ABBREVIATIONS** 

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regu lation

GCS Ground Control Station

GPS Global Positioning System

LOL Loss of Link

NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot In Command

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

SO Safety Observer

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing4 **SUMMARY**

Fred G. Mullins, III seeks exempt ion from the requirements of 14 C.F.R §§

61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2),

and

91.417(a) & (b), to operate an Unmanned Aircraft System pursuant to Section 333 of the

FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit Fred

G. Mullins, III to operate an Unmanned Aircraft System (UAS) for the commercial

purpose of conducting aerial video and photography of construction sites, real estate, and

landscape over certain areas of t he United States.

**INTRODUCTION AND INTERESTS OF THE PETITIONER**

Fred G. Mullins, III provides its clients with aerial photo and video. Fred G.

Mullins, III has over 10 years of professional video and photograph y. He has over 10

years recreational/hobby e xperience in all aspects of aerial video and photography. The

objective of Fred G. Mullins, III ’s aerial video and photography operations is to provide

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

targeting :

 Motion Picture Filming

 Aerial acquisitions used for inspections of public and private structures.

 Real Estate videography and photography

**BACKGROUND**

Unmanned Aircraft Systems: DJI Phantom 3, DJI Inspire 1 UASs

Fred G. Mullins, III seeks an exemption to operate DJI systems for compensation or

hire within the NAS. The DJI Phantom 3 Professional and DJI Inspire 1 are vertical takeoff5 and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS)

utilizing electronic tablet or smart phone systems. The DJI Phantom 3 Professional has a

maximum gross weight of approximately 2 pounds 11 ounces, while having a length of 16

inches width of 16 inches, height of 8 inches, and a maximum speed of approximately 29

knots. The DJI Inspire 1 has a maximum gross weight of 6 pounds 7.5 ounces, a length of

17.3 inches, width of 17.7 inches, height of 11.8 inches, and a maximum speed of

approx imately 42 knots. The DJI Phantom 3 Professional and DJI Inspire 1UAs are

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

motors.

The DJI Phantom 3 Professional and DJI Inspire 1 UAs that will be operated by

Fred G. Mullins, III will be registered in accordance with 49 U.S.C. 44103, Registration of

Aircraft

, as well as 14 C.F.R Part 47, Aircraft Registration

, and marked in accordance with

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

.

**BASIS FOR PETITION**

Petitioner, Fred G. Mullins, III , pursuant to the provisions of the Federal Aviation

Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012

(FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems

, hereby

petitio ns the Administrator to commercially operate the DJI Phantom 3 Professional, DJI

Inspire 1 UASs in the National Airspace System (NAS), and for an exemption from the

requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a),

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).6 In consideration of the speed, weight, size, and limited operating area associated

with the unmanned aircraft and its operation, Fred G. Mullins, III ’s operation of DJI

Phantom 3 Professional and DJI Inspire 1 UASs 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, Fred G. Mullins, III requests relief from Sections 91.4 05(a),

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth

requirements for maintenance that only apply to aircraft with an airworthiness certificate.

Fred G. Mullins, III submits that the requested relief is proper since an equivalent

level of safety will be ensured. Fred G. Mullins, III will use experienced personnel or

technicians to perform maintenance, alterations, or preventive maintenance on the UASs

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

Monthly Maintenance Log, and DJI Phantom 3 Professional and DJI Inspire 1 Instruction

Manual). Furthermore, Fred G. Mullins, III will document and maintain all maintenance

records for the DJI Phantom 3 Professional and DJI Inspir e 1 UASs.

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

privileges and limitations: Pilot in command , is requested by Fred G. Mullins, III to the

extent necessary to allow a Pilot in Command (PIC) holding a private p ilot or higher level

certificate, as well as an airman medical certificate, and who has demonstrated, by meeting

minimum flight

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

DJI Phantom 3 Professional and DJI Inspire 1 UASs in a manner consistent with this

exemption, including evasive and emergency maneuvers and maintaining appropriate

distances from people, vessels, vehicles and structures.7 Fred G. Mullins, III seeks relief from Section 91.7(a), entitled Civil ai rcraft

airworthiness , because the DJI Phantom 3 Professional and DJI Inspire 1 UASs do not

require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As

such, Fred G. Mullins, III submits that he will ensure that the DJI Phantom 3 Professional

and DJI Inspire 1UASs are in an airworthy condition, prior to every flight, by determining

that the UASs are in compliance with the operating documents (i.e., Monthly Maintenance

Log, and DJI Phantom 3 Professional and DJI Inspire 1 Instruct ion Manual), and that the

aircraft are in a condition for safe flight.

Fred G. Mullins, III also seeks an exemption from the requirements of Section

91.121, entitled Altimeter Settings , as the DJI Phantom 3 Professional and DJI Inspire 1

UAs will not have a typical barometric altimeter onboard. However, altitude information of

the DJI Phantom 3 Professional and DJI Inspire 1UAs will be provided to the PIC via

Global Positioning System (GPS) equipment and radio communications telemetry data

link, which downl inks from the UA to the GCS for active monitoring of the flight path.

This altitude information, combined with Fred G. Mullins, III ’s operation of the DJI

Phantom 3 Professional and DJI Inspire 1 UASs within visual line of sight, at or below 500

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

Additionally, Fred G. Mullins, III seeks an exemption from the requirements of

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

. Fred G.

Mullins, III submits that safety will not be affected by operation of the DJI Phantom 3

Professional and DJI Inspire 1 UAs during daylight hours in visual meteorological

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

total duration of8 approximately 13.5 minutes to the first point of intended landing and, assuming normal

cruising speed, to fly after that for at least 4.5 minutes.

In accordance with 14 C.F.R. § 11.81, Fred G. Mullins, III 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:

Fred G. Mullins, III

220 Airport Drive S

Summerland Key, FL 33042

Tel: (305) 745

- 9441

Email: mullinsf@bellsouth.net

**B. The Specific Sections Of 14 C.F.R. From Which**  **Fred G. Mullins, III Seeks** 

**Exemption.**

**1. Fred G. Mullins, III**  **Seeks Exemption From The Requirements Of**

**Section 61.113(a) And (b).** 

Sect ion 61.113, entitled Private pilot privileges and limitations: Pilot in command

,

subsections (a) and (b) prescribe the following, in relevant part:

(a) No person who holds a private pilot certificate may act as a pilot in command

(PIC) of an aircraft that is c arrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as PIC of an aircraft.

(b) A private pilot may, for compensation or hire, act as PIC of an aircraft in

connection with any business or employment if

—

(1) The flight is only incidental to that business or employment; and

(2) The aircraft does not carry passengers or property for compensation or hire.

**2. Fred G. Mullins, III**  **Seeks Exemption From The Requirements Of**

**Section 91.7(a).**

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

following:9 (a) No person may operate a civil aircraft unless it is in an airworthy condition.

**3. Fred G. Mullins, III**  **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 operatin g

--

(1) Below 18,000 feet MSL, to

--

(i) The current reported altimeter setting of a station along the route and

within 100 nautical miles of the aircraft;

(ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of

this section, the current repo rted 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. Fred G. Mullins, III**  **Seeks Exemption From The Requirements Of**

**Section 91.151(b).**

Section 91.151, entitled Fuel requirements for flight in VFR conditions

, subsection

(b), states the following:

(b) No person may begin a flight in a rotorcraft under VFR conditions unless

(consi dering 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. Fred G. Mullins, III**  **Seeks Exemption From The Requirement Of**

**Se ction 91.405(a).** 

Section 91.405, entitled Maintenance required , subsection (a), states the following:

Each owner or operator of an aircraft

—10 (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. Fred G. Mullins, III**  **Seeks Exemption From The Requirements Of**

**Section 91.407(a)(1)**

Section 91.407, entitled Operation after maintenance, preventive maintenance,

rebuilding, or alteration , subsection (a)(1), states the following:

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

maintenance, rebuilding, or alteration unless

--

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

43.7 of this chapter[.]

**7. Fred G. Mullins, III**  **Seeks Exemption From The Requirements Of**

**Sections 91.409(a)(1) And 91.409(a)(2).** 

Section 91.409, entitled Inspections , subsection (a), states the following:

(a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had

--

(1) An annual inspection in accordance with part 43 of this chapter and has

been approved for return to service by a person authorized by § 43.7 of this

chapter; or

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

with part 21 of this chapter.

**8. Fred G. Mullins, III**  **Seeks Exemption From The Requirements Of**

**Sections 91.417(a) And**  **91.417(b).**

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

following:

(a) Except for work performed in accordance with §§ 91.411 and 91.413, each

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

specified in paragraph (b) of this section:

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

records of the 100

- hour, annual, progressive, and other required or approved

inspections, as appropriate, for each aircraft (inc luding the airframe) and11 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

direct ives including, for each, the method of compliance, the AD or safety directive number and revision date. If the AD or safety directive

involves recurring action, the time and date when the next action is

required.

(vi) Copies of the forms prescribed by § 43.9( d) of this chapter for each

major alteration to the airframe and currently installed engines, rotors,

propellers, and appliances.

(b) The owner or operator shall retain the following records for the periods

prescribed:

(1) The records specified in paragraph (a)(1) of this section shall be retained

until the work is repeated or superseded by other work or for 1 year after the

work is performed.

(2) The records specified in paragraph (a)(2) of this section shall be retained

and transferred with the aircraft at the time the aircraft is sold.12 (3) A list of defects furnished to a registered owner or operator under § 43.11 of

this chapter shall be retained until the defects are repaired and the aircraft is

approved for return to service

.

**C. The Extent Of Relief**  **Fred G. Mullins, III Seeks And The Reason**  **Fred G. Mullins,**

**III Seeks The Relief.** 

**1. Extent Of Relief**  **Fred G. Mullins, III Seeks And The Reason**  **Fred G.**

**Mullins, III Seeks Relief From Section 61.113(a) And (b).** 

Relief from Section 61.113(a) and (b) entitled Private pilot privileges and

limitations: Pilot in command , is requested to the extent necessary to allow a PIC holding a

private pilot or higher level certificate, as well as a current and valid airman medica l

certificate, 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 limitations set forth in Section 61.113(a) and (b)

state that a private pilot may, for compensation or hire, act as PIC of an aircraft in

connection with any business or employment if: (1) The flight is only incidental to that

business or employment; and (2) The aircraft does not carry passengers or property for

compensation or hire.

As set forth more fully below, Fred G. Mullins, III submits that an equivalent level

of safety will be maintained because no PIC will be allowed to operate the DJI Phantom 3

Professional UAS or DJI Inspire 1 UAS unless that PIC has met certain flight

- hour and

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

Phantom 3 Professional or DJI Inspire 1 UAS in a manner consistent with the operations

specifications as described in this exemption, including evasi ve and emergency maneuvers,

as well as maintaining appropriate distances from people, vessels, vehicles and structures.13 Further, Fred G. Mullins, III submits that all flights of the DJI Phantom 3

Professional and DJI Inspire 1 UASs, conducted by the PIC pursuant to the grant of this

Petition: (1) will be incidental to Fred G. Mullins, III ’s business; and (2) will not carry

passengers or property for compensation or hire.

**2. Extent Of Relief**  **Fred G. Mullins, III Seeks And The Reason**  **Fred G.**

**Mullin s, III**  **Seeks Relief From Section 91.7(a).**

Relief from Section 91.7(a) entitled Civil aircraft airworthiness , is requested to the

extent required to allow Fred G. Mullins, III to determine that the DJI Phantom 3

Professional and DJI Inspire 1 UASs are in airworthy condition prior to every flight by

ensuring that the UAS is in compliance with the operating documents (i.e., Monthly

Maintenance Log, and DJI Phantom 3 Professional and DJI Inspire 1 Instruction Manual).

Fred G. Mullins, III seeks the requested relief because the DJI Phantom 3

Professional and DJI Inspire 1 UASs do not require an airworthiness certificate in

accordance with 14

C.F.R. Part 21, Subpart H. Therefore, Fred G. Mullins, III will ensure that the DJI

Phantom 3 Professional and DJI Inspire 1 UASs are in airworthy condition based upon its

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

Phantom 3 Professional and DJI Inspire 1 Instruction Manual) prior to every flight, and

further, determine that the air craft are in condition for safe flight, as stated in the

conditions and limitations below.

**3. Extent Of Relief**  **Fred G. Mullins, III Seeks And The Reason**  **Fred G.**

**Mullins, III Seeks Relief From Section 91.121.** 

Relief from Section 91.121, entitled Altimeter set tings, may be required to allow

flight operations of the DJI Phantom 3 Professional and DJI Inspire 1 UASs, which

utilize a barometric pressure sensor, GPS equipment, and a radio communications14 telemetry data link to downlink altitude information from the UA to the PIC at the

ground control station (GCS). Since the FAA requires that any altitude information

concerning UAS operations be reported to air traffic control (ATC) in feet above ground

level (AGL), Fred G. Mullins, III seeks the requested relief because the DJI Phantom 3

Professional and DJI Inspire 1 UA’s altimeter may be set on the ground to zero feet

AGL, rather than the local barometric pressure or field altitude, before each flight.

Considering the limited altitude of the proposed operations, relief from 14 CFR

91.121 is sought to the extent necessary to comply with the applicable conditions and

limitations stated below. As more fully set forth herein, an equivalent level of safety will

be maintained since the DJI Phantom 3 Professional and DJI Inspire 1 UAs are equipped

with a barometric pressure sensor and GPS equipment, which automatically ensures that a

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

with altitude information of the UA on the heads

- up display of the GCS.

**4. Extent Of Relief**  **Fred G. Mullins, III Seeks And The Reason**  **Fred G.**

**Mullins, III Seeks Relief From Section 91.151(b).** 

Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR

condi tions, is requested to the extent required to allow flights of the battery powered DJI

Phantom 3 Professional and DJI Inspire 1 UAs during daylight hours in visual

meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of

13 .5 minutes to the first point of intended landing and, assuming normal cruising speed, to

fly after that for at least 4.5 minutes. Fred G. Mullins, III seeks the requested relief

because without an exemption from Section 91.151(b), the flight time duration of the

battery powered DJI Phantom 3 Professional and DJI Inspire 1 UAs will severely

constrain the15 practicality of any aerial video or still photo flight operations that Fred G. Mullins, III

proposes to conduct pursuant to this Petition.

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

Professional and DJI Inspire 1 UASs, the DJI Phantom 3 Professional and DJI Inspire 1

operating documents, and Fred G. Mullins, III ’s proposed operating limitations, ensure that

Fred G. Mullins, III will safely operate the battery powered DJI Phantom 3 Professional

and DJI Inspire 1 UAs during daylight hours in visual meteorological conditions (VMC),

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

13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to

fly after that for at least 4.5 minutes.

**5. Extent Of Relief**  **Fred G. Mullins, III Seeks And The Reason**  **Fred G.**

**Mullins, III Seeks Relief From Sections 91**  **.405(a), 91.407(a)(1),**

**91.409(a)(1) & (a)(2), And 91.417(a) & (b).** 

Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b)

only apply to aircraft with an airworthiness certificate, Fred G. Mullins, III requests relief

from these Sections because the DJI Phantom 3 Professional and DJI Inspire 1 UASs do

not require airworthiness certificates. As set forth more fully below, the DJI Phantom 3

Professional and DJI Inspire 1 UASs meet the conditions of FMRA Section 333 for

operation wi thout an airworthiness certificate. Accordingly, Fred G. Mullins, III will use

trained technicians to perform maintenance, alterations, or preventive maintenance on the

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

docum ents (i.e., the Fred G. Mullins, III Aerial Operations Manual, Monthly Maintenance

Log, and DJI Phantom 3 Professional and DJI Inspire 1 Instruction Manual). Furthermore,

Fred G. Mullins, III will document and maintain all maintenance records for the DJI

P hantom 3 Professional and DJI Inspire 1 UASs.16 **D. The Reasons Why Granting**  **Fred G. Mullins, III ’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 Fred G.

Mullins, III to safely, efficiently, and economically perform aerial video and photography

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

Additionally, use of the DJI Phantom 3 Professional and DJI Inspire 1 UASs will

decrease congestion of the NAS, reduce pollution, and provide significant benefits to the

economy. Notably, the benefits of Fred G. Mullins, III ’s proposed operation o f the DJI

Phantom 3 Professional and DJI Inspire 1 UASs will be realized without implicating any

privacy issues.

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

The DJI Phantom 3 Professional and DJI Inspire 1 UAs are battery powered and

serve as a safe, efficient, and economical alternative to the manned aircraft traditionally

utilized to obtain aerial imagery. By reducing the amount of manned aircraft needed to

perform aerial acquisitions, an exemption allowing the use of a DJI Phantom 3

Professional or DJI Inspire 1 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 aircra ft operating in the NAS,

congestion around airports caused by arriving and departing aircraft will be reduced. The

DJI Phantom 3 Professional and DJI Inspire 1 UAs do not require an airport to takeoff or

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

missions would result in fewer aircraft that must be handled by air traffic control during

the ground, takeoff, departure, arrival, and landing phases of flight operations.17 **2. The Public Will Benefit From**  **The Safety And Efficiency Of The DJI** 

**Phantom 3 Professional and DJI Inspire 1 UASs.** 

Conducting aerial acquisitions with the DJI Phantom 3 Professional and DJI Inspire

1 UASs, instead of manned aircraft, will greatly benefit the public by drastically reduc ing

the levels of air and noise pollution generated during traditional aerial video and still

photography flight operations. By using battery power and electric motors, the DJI

Phantom 3 Professional and DJI Inspire 1 UASs produce no air pollution, and is the most

viable environmentally conscious alternative to the cabin class, six cylinder internal

combustion engine aircraft that are typically utilized for aerial video and photography,

while burning approximately 20

- 30 gallons per hour of leaded aviation f uel. The DJI

Phantom 3 Professional and DJI Inspire 1 UAs, while reducing the carbon footprint of

aerial acquisitions, also eliminates noise pollution, as the UAs are propelled by battery

powered electric motors, rather than an internal combustion engine.

By using the DJI Phantom 3 Professional and DJI Inspire 1 UASs to perform aerial

acquisitions, the substantial risk to life and property in the air and on the ground, which is

usually associated with traditional manned aircraft flight operations, will be s ubstantially

reduced or completely eliminated. Aside from the lack of flight crew members located

onboard the aircraft, the DJI Phantom 3 Professional and DJI Inspire 1 UAs (weighing

approximately 2 pounds 11 ounces and 6 pounds 7.5 ounces respectively, at their

maximum gross weights with lengths of 16 inches and 17.3 inches respectively, widths of

16 inches and 17.7 inches respectively, and with no fuel 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 approximately18 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 Vide**  **o and Photography Operations With The DJI** 

**Phantom 3 Professional and DJI Inspire 1 UASs Will Benefit The Economy.** 

In addition to being safe and efficient, the DJI Phantom 3 Professional and DJI

Inspire 1 UASs are also an economical alternative to using ma nned aircraft to conduct

similar aerial operations. As such, operation of the DJI Phantom 3 Professional and DJI

Inspire 1 UASs will allow United States based companies, like Fred G. Mullins, III , 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 remai n competitive. Operating the battery

powered DJI Phantom 3 Professional and DJI Inspire 1 UASs is one such technology that

not only allows companies greater operational flexibility compared to manned aircraft, but

provides such flexibility without the high operational cost of a traditional manned aircraft.

By operating the DJI Phantom 3 Professional and DJI Inspire 1 UASs, companies

such as Fred G. Mullins, III , can remain competitive and profitable, and therefore, provide

greater job stability to employees and contractors, which will ultimately contribute to

growth of the U.S. economy. Improved financial performance of U.S. companies, through

commercial use of the DJI Phantom 3 Professional and DJI Inspire 1 UASs, 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.** 19 Similar to the ma nned aerial acquisition flight operations that have been conducted for

decades, Fred G. Mullins, III ’s proposed operation of the DJI Phantom 3 Professional and

DJI Inspire 1 UASs will not implicate any privacy issues. Specifically, the DJI Phantom 3

Profes sional and DJI Inspire 1 UASs will be operated only in compliance with operating

documents (i.e., the Fred G. Mullins, III Aerial Operations Manual, Monthly Maintenance

Log, and DJI Phantom 3 Professional and DJI Inspire 1 Instruction Manual) which requires

property owner involvement as well as local law enforcement notification, and in

accordance with the Federal Aviation Regulations, including the minimum altitude

requirements of 14 C.F.R. § 91.119.

**E. The Reasons Why Granting The Exemption Would Not**  **Adversely Affect Safety,**

**Or How The Exemption Would Provide A Level Of Safety At Least Equal To That**

**Provided By The Rule From Which Fred G. Mullins, III**  **Seeks Exemption.** 

**1. Reasons Why The DJI Phantom 3 Professional and DJI Inspire 1 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, Fred G. Mullins, III ’s operation of the DJI

Phantom 3 Professional and DJI Inspire 1 UASs 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

certif ication 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.

-- Notwithsta nding any other requirement of this subtitle, and not

later than 180 days after the date of enactment of this Act, the Secretary of

Transportation shall determine if certain unmanned aircraft systems may20 operate safely in the national airspac e system before completion of the plan

and rulemaking required by section 332 of this Act or the guidance required by

section 334 of this Act.

(b) Assessment of Unmanned Aircraft Systems.

-- In making the determination under

subsection (a), the Secretary shall determine, at a minimum

--

(1) ) which types of unmanned aircraft systems, if any, as a result of their

size, weight, speed, operational capability, proximity to airports and

populated areas, and operation within visual line of sight do not create

a hazard to users of the national airspace system or the public or pose a

threat to national security; and

(2) whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, United States

Code, is required for the operation of unmanned aircraft systems

identified under paragraph (1).

(c) Requirements for Safe Operation.

-- If the Secretary determines under this

section that certain unmanned aircraft systems may operate safely in the

National Airspace S ystem, the Secretary shall establish requirements for the

safe operation of such aircraft systems in the national airspace system.

In seeking this exemption, Fred G. Mullins, III submits that the DJI Phantom 3

Professional and DJI Inspire 1 UASs can operate safely i n the NAS pursuant to FMRA

Section 333, as demonstrated by: (a) the characteristics of the DJI Phantom 3 Professional

and DJI Inspire 1 UASs; (b) the pilot certification requirement; and (c) the specific

operating limitations.

**a. The Specifications Of The DJI**  **Phantom 3 Professional and DJI Inspire 1** 

**UASs Demonstrate Its Safe Characteristics.** 

The DJI Phantom 3 Professional and DJI Inspire 1 UASs do not create a hazard to

users of the NAS or the public, or otherwise pose a threat to national security consideri ng

its size, weight, speed, and operational capability.

**i. Technical Specifications Of The DJI Phantom 3 Professional and**  **DJI**

**Inspire 1 UASs.**21 The technical specifications of the DJI Phantom 3 Professional and DJI Inspire 1

UASs are set forth by the DJI Phantom 3 Professional and DJI Inspire 1 Specifications and

Data Sheet, attached hereto as Exhibit A and B.

**ii. The DJI Phantom 3 Professional and DJI Inspire 1**  **UASs**

**Autonomous Flight And Navigation Modes Enable The UASs To**

**Remain Within A Defined Operational**  **Area.**

The DJI Phantom 3 Professional and DJI Inspire 1 UASs may be operated in both

manual and fully autonomous flight modes. A complete description of the flight and

navigational modes of the DJI Phantom 3 Professional and DJI Inspire 1 UASs is provided

at pages 25

- 35 of the DJI Phantom 3 Professional and pages 12

- 16 and 45

- 50 of the DJI

Inspire 1 User Manuals, attached hereto as Exhibit C and D.

**iii. The DJI Phantom 3 Professional and DJI Inspire 1 UASs**  **Are**

**Designed For Automatic Return To Home Point Or Hover In The** 

**Event Of Loss Of The Control Link Or Navigation.**

When the Control Link is lost, the DJI Phantom 3 Professional and DJI Inspire 1

UAs will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI

Phantom 3 Professional and DJI Inspire 1 UAs do 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 GPS, and will descend to the takeoff position an d

shutdown.

A complete description of the Failsafe Functions of the DJI Phantom 3 Professional

UAS are set forth at pages 27 through 29 and for the DJI Inspire 1 at pages 13 through 15

of the DJI Phantom 3 Professional and DJI Inspire 1 User Manuals, attac hed hereto as

Exhibit C and D.

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

**Operation.**22 A complete description of the operation and specifications of the DJI Phantom 3

Professional and DJI Inspire 1 GCS and flight control software is provided at pages 32

through 43 of the DJI Phantom 3 Professional User Manual and pages 40 through 47 of the

DJI Inspire 1 User Manual. DJI Phantom 3 Professional and DJI Inspire 1 User Manuals

are attached hereto as Exhibits C and D.

**b. Flight Operations Of DJI Phantom 3 Professional and DJI Inspire**  **1**

**UASs Are Limited To The Line Of Sight Of A Certificated Pilot in** 

**Command With A Safety Observer.** 

Fred G. Mullins, III will only utilize certificated pilots who possess a current a nd

valid airman medical certificate to act as a pilot in command (PIC) of the DJI Phantom 3

Professional and DJI Inspire 1 UASs. Additionally, a safety observer will assist all pilots

during flight time.

**c. Flights Of DJI Phantom 3 Professional and DJI Inspir**  **e 1 UASs Will Be** 

**Conducted Pursuant To Specific Operating Limitations.**

In seeking this exemption, Fred G. Mullins, III proposes to commercially operate

DJI Phantom 3 Professional and DJI Inspire 1 UASs for the special purpose of conducting

aerial video and photography over certain areas of United States, pursuant to the following

specific operating limitations:

1. Operations authorized by this grant of exemption will be limited to the following

aircraft described in the operating documents, rotorcraft UASs weighing less

than 55 pounds maximum gross weight: DJI Phantom 3 Professional and DJI

Inspire 1 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 e xemption will be limited to conducting operations

for the purpose of aerial video and photography.

3. The UAs may not be flown at an indicated airspeed exceeding 20 knots.

4. The UA must be operated at an altitude of no more than 500 feet above ground

level (AGL), as indicated by the procedures specified in the operating23 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) o f the PIC at all

times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA

- issued airman

medical certificate.

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

permitted.

7. All operations must utilize a safety observer (SO). The SO may be used to satisfy

the VLOS requirement as long as the PIC always maintains VLOS capability.

The SO and PIC must be able to communicate verbally at all times. Electronic

messaging or texting is not permitted during flight operations. The PIC must be

designated before the flight and cannot transfer his or her designation for the

duration of the flight. The PIC must ensure that the SO can perform the

functions pre scribed in the operating documents.

8. The SO must not perform any other duties beyond assisting the PIC with seeing

and avoiding other air traffic and other ground based obstacles/obstructions and

is not permitted to operate the camera or other instruments.

9. The operating documents and the grant of exemption must be accessible during

UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations contained in the grant

of exemption and the procedures outlined in the operating documents, the

conditions and limitations contained in the grant of exemption take precedence

and must be followed. Otherwise, the operator must follow the procedures as

outlined in its operating documents. The operator may update or revise its

operating documents. It is the operator’s responsibility to track such revisions

and present updated and revised documents to the Administrator upon request.

The operator must also present updated and revised documents if it petit ions for

extension or amendment to the grant of exemption. If the operator determines

that any update or revision would affect the basis upon which the FAA granted

the exemption, then the operator must petition for amendment to its grant of

exemption. The FAA’s UAS Integration Office (AFS

- 80) may be contacted if

questions arise regarding updates or revisions to the operating documents.

10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a condition for safe flight. If the inspection reveals a condition that affects the

safe operation of the UAS, the aircraft is prohibited from operating until the

necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The Ground Control Station must be inclu ded in the

preflight inspection. All maintenance and alterations must be properly

documented in the aircraft records.24 11. Any UAS that has undergone maintenance or alterations that affect the UAS

operation or flight characteristics, e.g. replacem ent of a flight critical

component, must undergo a functional test flight. The PIC who conducts the

functional test flight must make an entry in the aircraft records.

12. The pre

- flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment, not already covered in the

relevant sections of the operating documents.

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

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

14. The operator must carry out its maintenance, inspections, and record keeping

requirements, in accordance with the operating documents. Maintenance,

inspection, alterations, and status of replacement/overhaul component parts

must be noted in the aircraft records, including total time in service, description

of work accomplished, and the signature of the authorized person returning the

UAS to service.

15. Each UASs operated under this exemption must comply with all manufacturer

Safety Bulletins.

16. The authorize d person must make an entry in the aircraft record of the

corrective action taken against discrepancies discovered between inspections.

17. The PIC must possess at least a private pilot certificate and at least a current

third

- class medical certificate.

18. The operator may not permit any PIC to operate unless the PIC meets the

operator’s qualification criteria and demonstrates the ability to safely operate

the UAS in a manner consistent with how the UAS will be operated under the

exemption, including evasive an d 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 c onsidered nonparticipants, and the PIC must operate the UA

with appropriate distance from nonparticipants in accordance with 14 C.F.R. §

91.119.

19. UAS operations may not be conducted during night, as defined in 14 C.F.R. §

1.1. All operations must be conducted under visual meteorological conditions

(VMC). If flight at night is required, a special request will be made at the FAA

office closest to proposed area of operations. Flights under special visual flight

rules (SVFR) are not authorized.25 20. The UA may not operate within 5 nautical miles of an airport reference point as

denoted on a current FAA

- published aeronautical chart unless a letter of

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

conducted in accordance with a NOTAM as required by the operator’s COA.

The letter of agreement with the airport management must be made available to

the Administrator upon request.

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

horizontal ly from a cloud or when visibility is less than 3 statute miles from the

PIC.

22. If the UA loses communications or loses its GPS signal, it must return to a pre

determined location within the planned operating area and land or be recovered

in accordance wit h the operating documents.

23. The PIC must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operating documents.

24. The PIC is prohibited from beginning a flight unless (considering wind and

forecast weather conditions) there is enough power to fly at normal cruising

speed to the intended landing point and land the UA with 25% battery power remaining.

25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate

of Waiver or Authorization (COA) prior to conducting any operations under the

grant of exemption. This COA will also require the operator to request a Notice

to Airman (NOTAM) not more than 72 hours in advance, but not less than 48

hours prior to the operation. All operations shall be conducted in accordance

with airspace requirements in the ATO issued COA including class of airspace,

altitude level and potential transponder requirements.

26. All aircraft operated in accordance with the exemption must be identified by

serial number, registered in accordance with 14 C.F.R. part 47, and have

identification (N

- Number) markings in accordance with 14 C.F.R. part 45,

Subpart C. Markings must be as large as practicable.

27. Before conducting operations, the radio frequency spectrum used for op eration

and control of the UA must comply with the Federal Communications

Commission (FCC) or other appropriate government oversight agency

requirements.

28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be

available to the PIC at the Groun d Control Station of the UAS any time the

UAS is operating. These documents must be made available to the

Administrator or any law enforcement official upon request.

29. The UA must remain clear and yield the right of way to all manned aviation

operations and activities at all times.26 30. The UAS may not be operated by the PIC from any moving device or vehicle.

31. Flight operations must be conducted at least 500 feet from all nonparticipating

persons (persons other than the PIC, SO, operator trainees or essential persons),

vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating

persons from the UA and/or debris in the event of an accident. The

operator must ensure that nonparticipating pers ons remain under such

protection. If a situation arises where nonparticipating persons leave such

protection and are within 500 feet of the UA, flight operations must cease immediately and/or;

b. The aircraft is operated near vessels, vehicles or structures where the

owner/controller of such vessels, vehicles or structures has granted

permission and the PIC has made a safety assessment of the risk of

operating closer to those objects and determined that it does not present

an undue hazard, and;

c. Operations nearer to the PIC, SO, operator trainees or essential persons do not present an undue hazard to those persons per § 91.119(a).

32. All operations shall be conducted over private or controlled

- access property

with permission from the land owner/controller or a uthorized representative.

Permission from land owner/controller or authorized representative will be

obtained for each flight to be conducted.

33. Any incident, accident, or flight operation that transgresses the lateral or

vertical boundaries of the operational area as defined by the applicable COA

must be reported to the FAA's UAS Integration Office (AFS

- 80) within 24

hours. Accidents must be reported to the National Transportation Safety Board

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

.

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

**And (b) Would Not Adversely Affect Safety.** 

Fred G. Mullins, III submits that the equivalent level of safety established by

Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate the

DJI Phantom 3 Professional and DJI Inspire 1 UASs 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 Professional or DJI Inspire 1 UAS in a manner consistent with27 the exemption, including evasive and emergency maneuvers and maintaining appropriate

distances from people, vessels, vehicles and structures.

Considering Fred G. Mullins, III ’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 airmans hip skills necessary to safely operate the DJI Phantom 3 Professional or DJI

Inspire 1 UAS, Fred G. Mullins, III submits that the additional manned airmanship

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

nece ssary for Fred G. Mullins, III ’s specific proposed flight operations.

The FAA has previously granted relief from Section 61.113(a) and (b) specific to

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

Exemption Nos. 1 1062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112,

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

Fred G. Mullins, III will not allow any PIC to operate the DJI Phantom 3

Professional or DJI Inspire 1 UAS unless that PIC has demonstrated, by meeting

minimum flight

- hour requirements or the DJI Phantom 3 Professional or DJI Inspire 1

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

Phantom 3 Professional or DJI Inspire 1 UAS in a man ner consistent with this exemption,

including evasive and emergency maneuvers and maintaining appropriate distances from

people, vessels, vehicles and structures.

Specifically, the PIC must have accumulated and logged, in a manner consistent

with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a

minimum of 5 hours of those hours as a UAS pilot operating the same make and model of28 UAS to be used for operations under the exemption). In addition to the hour requiremen ts,

the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency

purposes).

As in Exemption Nos. 11062, 11138, and 11153, prior documented flight

experience that was obtained in compliance with applicable regulations will ensure a n

equivalent level of safety during Fred G. Mullins, III ’s proposed operations. The

Administrator has held that prior documented flight experience that was obtained in

compliance with applicable regulations would ensure safe operations, stating as follows:

In Exemption No. 11062, the FAA required that prior to conducting operations for

the purpose of motion picture filming (or similar operations), the PIC must have

accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of

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

pilot with a 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 10 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 compl iance

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 UA with appropriate

distances in accordance with 14 C.F.R 91.119.

Exemption No. 11138 at page 15.

Accordingly, Fred G. Mullins, III will ensure safe operations by not allowing any

PIC to operate the DJI Phantom 3 Professional or DJI Inspire 1 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 Professional or DJI Inspire 1 UAS in a manner29 consistent with the exemption, including evasive and emergency maneuvers and

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

**3. Reasons Why An Exemption From The Requirements Of Section**  **91.7(a)**

**Would Not Adversely Affect Safe ty.** 

The equivalent level of safety established by Section 91.7(a) will be maintained

because prior to every flight, Fred G. Mullins, III will ensure that the DJI Phantom 3

Professional or DJI Inspire 1 UAS is in an airworthy condition based upon the UAS’s

compliance with its operating documents and as stated in the conditions and limitations

herein.

Additionally, the FAA has previously granted relief from Section 91.7(a) specific

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

Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112,

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

**4. Reasons Why An Exemption From The Requirements Of Section**  **91.121**

**Would Not Adversel y Affect Safety.** 

The equivalent level of safety established by Section 91.121 will be maintained

because the altitude information of the DJI Phantom 3 Professional and DJI Inspire 1 UAs

will be provided to the PIC via GPS equipment and a radio communicati ons telemetry data

link, which downlinks from the UA to the GCS for active monitoring of the flight path and

altitude. This altitude information, combined with Fred G. Mullins, III ’s operation of the

DJI Phantom 3 Professional and DJI Inspire 1 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 i s automatically established by the UASs at

ground level.30 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, 1106 3, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138,

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

**5. Reasons Why An Exemption From The Requirements Of Section 91.151(b)** 

**Would Not Adversely Affect Safety.**

A grant of this exemption would ensure an equivalent level of safety established by

14 C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the DJI

Phantom 3 Professional and DJI Inspire 1 UASs; (2) the limitations on the proposed flight

operations; and (3) the location of the proposed flight operations. Accordingly, Fred G.

Mullins, III will ensure that it will safely operate the battery powered DJI Phantom 3

Professional and DJI Inspire 1 UAs during daylight hours in VFR conditions, with enough

battery powe r to fly for a total duration of 13.5 minutes to the first point of intended

landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes.

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

Professional and DJI Inspire 1 UASs; the limitations on the proposed flight operations; and

the location of the proposed operations, will ensure an equivalent level of safety

established by 14 C.F.R. Section 91.151(b). Furthermore, safety will be ensured a s the DJI

Phantom 3 Professional and DJI Inspire 1 UASs provide audible and visual warnings to the

PIC at the GCS when the UAs experiences low battery voltage, the first warning occurring

at approximately 33% remaining battery power, and again at approxima tely 10%

remaining battery power. At the critically low battery level, the DJI Phantom Vision+ and

DJI Inspire 1 UASs will descend and land automatically.31 Significantly, previous exemptions granted by the FAA concerning Section 91.151

establish that safety is not adversely affected when the technical characteristics and

operating limitations of the UAS are considered. Relief has been granted for manned

aircraft to operate at less than the minimums prescribed in Section 91.151, including

Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted relief

from Section 91.151 specific to UAS, in circumstances similar, in all material respects, to

those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063,

11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156,

11157, 11158, 11159, 11160, 11161).

**6. Reasons Why An Exemption From The Requirements Of Sections** 

**91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b)**

**Would Not Adversely Affect Safety.**

In seeking this exemption, Fred G. Mullins, III submits that the equivalent level of

safety with regard to the regulatory maintenance and alteration requirements established by

Sections 91.405(a), 91.407(a)(1), 91.409(a )(1) & (a)(2), and 91.417(a) & (b) will be met

because Fred G. Mullins, III will use trained technicians to perform maintenance,

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

practices prescribed in the operating documents (i.e., the Fred G. Mullins, III Aerial

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

Inspire 1 Instruction Manual). Furthermore, Fred G. Mullins, III will document and

maintain all maintenance records for the DJI Phantom 3 Professional and DJI Inspire 1

UASs.

Since the DJI Phantom 3 Professional and DJI Inspire 1 UASs will be inspected as

prescribed by the operating documents, Fred G. Mullins, III will maintain the equivalent

level of safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of32 the DJI Phantom 3 Professional and DJI Inspire 1 User Manuals are attached hereto as

Exhibit C and D; a copy of the DJI Phantom 3 Professional and DJI Inspire 1 UAS

Maintenance LOG is attached h ereto as Exhibit E.

Likewise, the exemption sought will not adversely affect safety because Fred G.

Mullins, III will use trained technicians to perform maintenance, alterations or preventive

maintenance on the UAS using the methods, techniques, and practices prescribed by the

operating documents.

Furthermore, the exemption sought would maintain an equivalent level of safety

established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the

DJI Phantom 3 Professional and DJI Inspi re 1 UASs will be performed by trained

technicians. Maintenance will be documented and maintained utilizing the monthly

maintenance log.

Significantly, previous exemptions granted by the FAA concerning Sections

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

not adversely affected when the technical characteristics and operating limitations of the

UAS are considered.

In consideration of Fred G. Mullins, III ’s proposed operating limitations, the

operating document s, and the technical aspects of the DJI Phantom 3 Professional and DJI

Inspire 1 UASs, Fred G. Mullins, III submits that safety will not be adversely affected by

granting exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2),

91.409(a)(2), and 91.417(a) and (b). The FAA has previously granted relief specific to UAS

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

Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136,

111 38, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).33 **7. The FAA May Prescribe Any Other Conditions For Safe**  **Operation.**

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012

(FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, Fred G. Mullins, III requests

that the FAA prescribe special conditions for the intended operation of the DJI Phantom 3

Professional and DJI Inspire 1 UASs, which contain such safety standards that the

Administrator finds necessary to establish a level of safety equivalent to that established by

14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.12 1,

91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such

special conditions will permit safe operation of the UAs for the limited purpose of

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

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

whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a

threat to national security; and further, provides the authority for such UAS to operate

without airworthiness certification in accordance with any requirements that must be

established for the safe operation of the UAS in the NAS.

Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R.

§ 21.16, for operatio n of the DJI Phantom 3 Professional and DJI Inspire 1 UASs, since the

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

safety standards, due to the novel or unusual design features of the aircraft. Section 21.16,

entitled Special Conditions, states the following:

If the FAA finds that the airworthiness regulations of this subchapter do not contain

adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller

because of a novel or unusual d esign 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 air craft, aircraft engine or propeller as the34 FAA finds necessary to establish a level of safety equivalent to that established in

the regulations.

See 14 C.F.R. § 21.16.

Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA

may prescribe special conditions for Leading Edge’s intended operation of the DJI

Phantom 3 Professional and DJI Inspire 1 UASs, which contain such safety standards that

the Administrator finds necessary to establish a level of safety equivalent to that

established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 61.113(a) & (b),

91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) &

(b).

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

**From Which Fred G. Mullins, III**  **Seeks Exemption:** 

Fred G. Mullins, III seeks exemption from the requirements of 14 C.F.R Sections

61.113(a)&(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) &

(a)(2), and 91.417(a) & (b).

**A Brief Description Of The Nature Of The Exemption Fred G. Mullins, III** 

**Seeks:**

This exemption will permit Fred G. Mullins, III to commercially operate an

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

photography over certai n areas of the United States.

**G. Any Additional Information, Views, Or Arguments Available To Support**  **Fred G.**

**Mullins, III ’s**  **Request.**

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

(FMRA) Section 333, which directs the Secret ary of Transportation to determine if certain

UAS may operate safely in the NAS. As such, Fred G. Mullins, III ’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.35 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 airworth iness

certification.

As discussed in detail above, Fred G. Mullins, III will operate the DJI Phantom 3

Professional and DJI Inspire 1 UASs 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, Fred G. Mullins, III seeks an exemption pursuant to 14 C.F.R. §

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

which will permit safe operation of the DJI Phantom 3 Professional and DJI Inspire 1

UASs 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 ful filling the Congressional mandate

of the FAA Modernization and Reform Act of 2012, while also advancing the interests of

the public, by allowing Fred G. Mullins, III to safely, efficiently, and economically

operate the DJI Phantom 3 Professional and DJI In spire 1 UASs commercially within the

NAS.

**WHEREFORE**

, in accordance with the Federal Aviation Regulations and the FAA

Modernization and Reform Act of 2012, Section 333, Fred G. Mullins, III respectfully

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

of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1),

91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit Leading Edge to operate the DJI

Phantom 3 Professional and DJI Inspire 1 UASs commercially for the purpose of36 conducting aerial video and photography over certain areas of the United States.

Dated: July 10

, 2015

Respectfully submitted,

Fred G. Mullins, III

Fred G. Mullins, III

220 Airport Drive S

Summerland Key, FL 33042

Tel: (305) 745

- 9441

Appendices :

A

– DJI Phantom 3 Professional Specifications Data Sheet

B

– DJI Inspire 1 Specifications Data Sheet

C

– DJI Phantom 3 Professional Manufacturer’s User Manual

D

– DJI Inspire 1 Manufacturer’s Us er Manual

E

– Monthly Maintenance Log37 APPENDIX

– A

**DJI PHANTOM 3 PROFESSIONAL TECHNICAL SPECIFICATIONS** 

Fred G. Mullins, III only utilizes safe and reliable UASs. DJI is an industry leader in small

UAS production. DJI UASs are loaded with ground breaking software enabling the user to

set parameters which will not allow flight into controlled airspace. Parameters can also be

set to limit flight to no higher than a predetermined and set altitude as well as limit flight to

a pr edetermined and set distance. In addition, DJI software provides real

- time altitude and

location information to the PIC via the linked monitor (smart phone/tablet devices)

1.1 DJI Phantom 3 Professional

1.1.1 Aircraft

1.1.1.1 Supported Battery

– DJI 5200mAH LiPo Battery

1.1.1.2 Weight (Battery & Propellers Included)

– 2.82lbs (1280g)

1.1.1.3 Hover Accuracy (Ready to Fly)

– Vertical: .5m; Horizontal: 1.5m

1.1.1.4 Max Yaw Angular Velocity

- 200 0 /s

1.1.1.5 Max Tilt Angel

- 35 0

1.1.1.6 Max Ascent Speed

– 5m/s

1.1.1.7 Max Descent Speed

– 3m/s

1.1.1.8 Max Flight Speed

– 16m/s (NOT RECOMMENDED)

1.1.2 Gimbal

1.1.2.1 Working Current

– Static: 750mA; Dynamic: 900mA

1.1.2.2 Control Accuracy

- ±0.03 0

1.1.2.3 Controllable Range

– Pitch:

- 90 0

- 0 0

1.1.2.4 Maximum Angular Speed

– Pitch: 90 0 /s

1.1.3 Camera

1.1.3.1 Operating Temperature Range

- 32 0 F

- 104 0 F (0 0 C

- 40 0 C)

1.1.3.2 Sensor Size

– 1/2.3”38 1.1.3.3 Effective Pixels

– 14M

1.1.3.4 Resolution

– 4384x3288

4.1.3.5 HD Video Recording

– 1080p30 & 720p

4.1.3.6 Recording Field of View

- 110 0 /85 0

1.1.4 Transmitter

1.1.4.1 Operating Frequency

– 5.728GHz

– 5.85GHz

1.1.4.2 Communication Distance (unobstructed)

– FCC Compliance: 800m

1.1.4.3 Receiver Sensitivity (1%PER)

- - 93dBm

1.1.4.4 Transmitter Power

– FCC Compliance: 100mW

1.1.4.5 Working Voltage

– 120mA@3.7V

1.1.5 Range Extender

1.1.5.1 Operating Frequency

– 2412

- 2462MHz

1.1.5.2 Communication Distance (unobstructed)

– 500

- 700m

1.1.5.3 Transmitter Power

– 20dBm

1.1.5.4 Power Consumption

– 2W39 APPENDIX

– B

**DJI INSPIRE 1 TECHNICAL SPECIFICATIONS** 

Fred G. Mullins, III only utilizes safe and reliable UASs. DJI is an industry leader in small

UAS production. DJI UASs are loaded with ground breaking software enabling the user to

set parameters which will not allow flight into controlled airspace. Parameters can also be

set to limit flight to no higher than a predetermined and set altitude as well as limit flight to

a predetermined and set dis tance. In addition, DJI software provides real

- time altitude and

location information to the PIC via the linked monitor (smart phone/tablet devices)

2.2 DJI Inspire 1

2.2.1 Aircraft

2.2.1.1 Model

– T600

2.2.1.2 Weight (Battery Included)

– 6lbs 7.5291oz (2935g)

2.2.1.3 Hovering Accuracy (GPS Mode)

– Vertical: 0.5m; Horizontal: 2.5m

2.2.1.4 Max Angular Velocity

– Pitch: 300 0/s; Yaw: 150 0/s

2.2.1.5 Max Tilt Angle

- 35 0

2.2.1.6 Max Ascent Speed

– 5m/s

2.2.1.7 Max Descent Speed

– 4m/s

2.2.1.8 Max Speed

– 22m/s (ATTI mode, no wind

– NOT RECOMMENDED)

2.2.1.9 Max Flight Altitude

– 4500m

2.2.1.10 Max W ind Resistance

– 10m/s

2.2.1.11 Max Flight Time

– Approximately 18 minutes

2.2.1.12 Motor Model

– DJI 3510

2.2.1.13 Propeller Model

– DJI 1345

2.2.1.14 Operating Temperature Range

– 14 0F to 1040F (

- 10 0C to 40 0C)

2.2.1.15 Dimensions

– 17 1⁄4” x 17 3⁄4” x 12”

2.2.2 Gimbal

2.2.2.1 Model

– ZENMUSE X340 2.2.2.2 2.2 Output Power (with camera)

– Static: 9W; In Motion: 11W

2.2.2.3 Operating Current

– Static: 750mA; In Motion: 900mA

2.2.2.4 Angular Vibration Range

- ±0.03 0

2.2.2.5 Mounting

– Detachable

2.2.2.6 Controllable Range

– Pitch:

- 90 0 to +300; Pan: ±320 0

2.2.2.7 2.7 Mechanical Range

– Pitch:

- 125 0 to 45 0; Pan: ±3300

2.2.2.8 Max Controllable Speed

– Pitch: 120 0/s; Pan: 180 0/s

2.2.3 Camera

2.2.3.1 Name

– X3

2.2.3.2 Model

– FC350

2.2.3.3 Total Pixels

– 12.76M

2.2.3.4 Effective Pixels

– 12.4M

2.2.3.5 Image Max Size

– 4000x3000

2.2.3.6 ISO Range

– 100

- 3200

2.2.3.7 Field of View

- 94 0

2.2.3.8 CMOS

– Sony EXMOR 1/2.3”

2.2.3.9 HD Video Recording

– UHD(4K): 4096x2160p24/25,

3840x2160p24/25/30; FHD: 1920x1080p24/25/30/48/50/60; HD:

1280x720p24/25/30/48/50/60

2.2.3.10 Operating Temperature Range

- 32 0F

- 104 0F (00C

- 40 0C)

2.2.4 Transmitter

2.2.4.1 Name

– C1

2.2.4.2 Operating Frequency

– 5.728

- 5.850GHz; 2.400

- 2.483GHz

2.2.4.3 Communicating Distance (unobstructed)

– 2000m

2.2.4.4 Output Power

– 9W

2.2.4.5 Operating Temperature Range

- 14 0F to 1040F (

- 10 0C to 40 0C)

2.2.4.6 Battery

– 600mAh LiPo 2S41 APPENDIX

– C

DJI Phantom 3 Professional Manufacturer’s User Manual42 APPENDIX

– D

DJI Inspire 1 Manufacturer’s User Manual43 APPENDIX

– E

**MONTHLY$MAINTENANCE$LOG**

month: (year:

**UAS$#:$** Date(Issue(

Discovered Date(Issue(

Addressed Issue(Description(&(Maintenance(Conducted Maintenance(Performed(By:(((

Print(&(Sign

Software(Updates

Airframe(

Engines

Propellers

Camera(Gimbal

Landing(Gear

Vibration(Dampening

Other:44