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UNITEDSTATESOFAMERICA

DEPARTMENT OF TRANSPORTATION

FEDERALAVIATIONADMINISTRATION

WASHINGTON, DC

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

 Dominguez Investigation Agency

 D.B.A.

 Portal Investigation

FORANEXEMPTIONSEEKINGRELIEFFROM THEREQUIREMENTSOF

TITLE14OFTHECODEOFFEDERALREGULATION

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 THE

 DJI Phantom 3

 UNMANNEDAIRCRAFTSYSTEM

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012 {PUBLIC LAW 112-95)
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TABLE OF CONTENTS

page

Glossary of Abbreviations ....................................................... 3

Summary ........................................................................... 4

Introduction and Interests of Petitioner....................................... 4

Background ........................................................................ 4

Basis for Petition .................................................................. 4

Name and Address of Petitioner ................................................ 5

Specific sections of 14 C.F.R from which Dominguez Investigation 

Agency seeks Exemption ......................................................... 5

The extent of relief Dominguez Investigation Agency seeks relief and the

reason Dominguez Investigation Agency seeks relief..................... 7

The reasons why granting Dominguez Investigation Agency’s request 

would be in the public’s interest............................................. 8

The reasons why granting the exemptions would not adversely affect

Safety......................................................................... 10

Summary that can be published in the FederalRegister............... 19

Any additional information, views, or arguments available tosupport

Dominguez Investigation Agency’srequest..................... 19

Conclusion............................................................ 19
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GLOSSARY OF ABBREVIATIONS

AGL- Above Ground Level 

AOI- Area of Interest

ATC- Air Traffic Control

ATO- Air Traffic Organization

AV- Aerial Vehicle

C.F.R.- Code of Federal Regulations

COA- Certificate of Authorization

FAA- Federal Aviation Administration

FAR-Federal Aviation Regulation

GCS- Ground Control Station

GPS- Global Positioning System

LOL- Loss of Link 

NAS-National Airspace System

NOTAM- Notice to Airman 

PIC- Pilot In Command

SOP- Standard Operating Procedures

UA- Unmanned Aircraft

UAS- Unmanned Aircraft System 

VFR- Visual Flight Rules 

VLOS- Visual Line of Site

VMC- Visual Meteorological Conditions

VO- Visual Observer

VTOL- Vertical Takeoff and Landing
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SUMMARY

Dominguez Investigation Agency seeks exemption from the requirements of 14 C.F.R §§ 61.113(a) 

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

(b),to operate an Unmanned Aircraft System pursuant to Section 333 of the FAA Modernization and

Reform Act of 2012 (FMRA). This exemption will permit Dominguez Investigation Agency to 

operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial

photographs and video over certain public roadways and public areas of the UnitedStates.

INTRODUCTION AND INTERESTS OF THE PETITIONER

The petitioner, Dominguez Investigation Agency is a licensed New Mexico Private Investigative 

Agency and conducts investigations whereby aerial photographs are necessary. Crime scenes and 

property locations are a part of the routine investigative process for Dominguez Investigation 

Agency.

Primarily Dominguez Investigation Agency is a Private Investigative Agency that provides

extensive investigations for New Mexico Court appointed criminal cases and private litigation

support for attorneys and private clients.

BACKGROUND

Dominguez Investigation Agency seeks an exemption to operate the DJI Phantom 3 UASfor

compensation within the NAS. The DJI Phantom 3 is comprised of a vertical takeoffand landing 

(VTOL) Unmanned Aircraft (UA) and a transportable Ground Control Station (GCS).The DJI 

Phantom 3 has a maximum gross weight of approximately 2.8 pounds, while havinga diameter of 

23.2 inches, height of 13 inches, and maximum speed of approximately 35 mph. The DJI Phantom 3 

UA is equipped with four propellers, each being driven by an electric motor poweredby Lithium 

Polymer battery. The DJI Phantom 3 UA that will be operated by Dominguez Investigation Agency

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, Dominguez Investigation Agency is pursuant to the provisions of the Federal Aviation

Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012, Section 333,

Special Rules for Certain Unmanned Aircraft Systems, hereby petitions the Administrator to operate

the DJI Phantom 3 UAS in the National Airspace System (NAS), and for an exemption from the

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

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

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

aircraft and its operation, Dominguez Investigation Agency operation of the DJI Phantom 3 UAS 

meets the conditions of Section 333 and therefore, will not require an airworthiness certificatein

accordance with 14 C.F.R. Part 21, Subpart H. 6. Accordingly, Dominguez Investigation Agency

requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as

these sections set forth requirements for maintenance that only apply to aircraft with an

airworthiness certificate. Dominguez Investigation Agency submits that the requested relief is

proper since an equivalent level of safety will be ensured. Dominguez Investigation Agency will 

use its authorized techniciansto perform maintenance, alterations, or preventive maintenance on the 

UAS using themethods, techniques, and practices prescribed in the manufacturer’s maintenance

manual. Furthermore,
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Dominguez Investigation Agency will document and maintain all maintenance records for the DJI 

Phantom3 UAS. Relief from certain requirements of Section 61.113(a) and (b), entitled Privatepilot

privileges and limitations: Pilot in command, is requested by Dominguez Investigation Agency to the

extent necessary to allow a Pilot in Command (PIC) who has completed the DJI Phantom 3UAS 

training and currency requirements, to conduct the proposed UAS flight operations. Dominguez 

Investigation Agency submits that the conditions and limitations set forth herein will ensure the safety

of the NAS, as well as the safety of persons or property on the ground.

Dominguez Investigation Agency seeks relief from Section 91.7(a), entitled Civil aircraft

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

accordance with 14 C.F.R. Part 21, Subpart H. As such, Dominguez Investigation Agency submits

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

determining that the UAS is in compliance with the DJI Flight Manual, and that the aircraft is in a

condition for safe flight.

Dominguez Investigation Agency also seeks an exemption from the requirements of Section 

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

altimeter onboard. However, altitude information of the DJI Phantom 3 UAS will be provided tothe

PIC via Global Positioning System (GPS) equipment and a radio communications telemetrydata

link, which downlinks from the UA to the GCS for active monitoring of the flight path. This altitude

information, combined with Dominguez Investigation Agency operation of the DJI Phantom 3 

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

Section 91.121.

Additionally, Dominguez Investigation Agency seeks an exemption from the requirements of Section

91.151(b), entitled Fuel requirements for flight in VFR conditions. Dominguez Investigation Agency

submits that safety will not be affected by terminating flights of the battery powered DJI Phantom 3

UAS after 15 minutes of continuous flight, which would allow for five minutes of batterypower

remaining.

In accordance with 14 C.F.R. § 11.81, Dominguez Investigation Agency provides the following

information in support of its petition for exemption:

A. Name and Address Of The Petitioner.

The name and address of the Petitioneris:

Dominguez Investigation Agency

PO BOX 15625

Rio Rancho, NM 87174-0625

Contact: Matthew Dominguez

Dominguez Investigation Agency

B. The Specific Sections Of 14 C.F.R. From Which Dominguez Investigation Agency Seeks

Exemption.

1. Dominguez Investigation Agency Seeks Exemption From The Requirements Of Section

61.113(a) And (b).

Section 61.113, entitled Private pilot privileges and limitations: Pilot in command, subsections (a)

and (b) prescribe the following, in relevant part: No person who holds a private pilot certificate may

act as a pilot in command (PIC) of an aircraft that is carrying passengers or property for

compensation or hire; nor may that person, for compensation or hire, act as PIC of an aircraft.

(a) A private pilot may, for compensation or hire, act as PIC of an aircraftin

connection with any business or employment if—
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(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. Dominguez Investigation Agency 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 airworthycondition.

3. Dominguez Investigation Agency, 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, whenoperating--

(1) Below 18,000 feet MSL, to--

(i) The current reported altimeter setting of a station along the route and within 100 nautical miles of

the aircraft;

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

current reported altimeter setting of an appropriate available station; or

(iii) In the case of an aircraft not equipped with a radio, the elevation of the departure airport or

an appropriate altimeter setting available before departure;

4. Dominguez Investigation Agency Seeks Exemption From The Requirements Of Section

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

(b), states the following:

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

and forecast weather conditions) there is enough fuel to fly to the first point of intended landing

and, assuming normal cruising speed, to fly after that for at least 20minutes.

5. Dominguez Investigation Agency Seeks Exemption From The Requirement Of Section

91.405(a).

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

Each owner or operator of an aircraft—

(a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall between

required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired

as prescribed in part 43 of this chapter[.]

6. Dominguez Investigation Agency 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. Dominguez Investigation Agency Seeks Exemption From The Requirements Of Sections

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

Section 91.409, entitled Inspections, subsection (a), states thefollowing:

(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.
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8. Dominguez Investigation Agency 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 owneror

operator shall keep the following records for the periods specified in paragraph (b) of this section: 10

(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 eachaircraft

(including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. Therecords

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 toservice.

(2) Records containing the following information:

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

(ii) The current status of life-limited parts of each airframe, engine, propeller, rotor, andappliance.

(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 aremaintained.

(v) The current status of applicable airworthiness directives (AD) and safety directives including, for

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

safety directive involves recurring action, the time and date when the next action isrequired.

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

the airframe and currently installed engines, rotors, propellers, and appliances.

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

(1) The records specified in paragraph (a)(1) of this section shall be retained until the work is 

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

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

the aircraft at the time the aircraft is sold.

(3) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter shallbe

retained until the defects are repaired and the aircraft is approved for return to service.

C. The Extent Of Relief Dominguez Investigation Agency Seeks And The Reason

Dominguez Investigation Agency Seeks The Relief.

1. Extent of Relief Dominguez Investigation Agency Seeks And The Reason Dominguez 

Investigation Agency Seeks Relief From Section 61.113(a) And (b).

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

command, is requested to the extent necessary to allow a PIC holding a private pilot certificate and a

third-class airman medical certificate, and who has completed the DJI training and currency

requirements, to conduct the proposed UAS flight operations for compensation.

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 businessor

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, Dominguez Investigation Agency submits that an equivalent level of

safety will be maintained because no person who is not an employee of Dominguez Investigation 

Agency will have operation rights to fly or maintain the DJI Phantom 3 and fly the UAS in a 

mannerconsistent with the operations specifications as described in this exemption, including

evasive and emergency maneuvers, as well as maintaining appropriate distances from people, 

vessels, vehiclesand structures.
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Further, Dominguez Investigation Agency submits that all flights of the DJI Phantom 3

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

Investigation Agency’s business; and (2) will not carry passengers or property for compensation or 

hire.

2. Extent of Relief Dominguez Investigation Agency Seeks And The Reason Dominguez 

Investigation Agency 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 Dominguez Investigation Agency to determine that the DJI Phantom 3 UAS is in anairworthy

condition prior to every flight by ensuring that the UAS is in compliance with the DJI Flight Manual,

and that the aircraft is in a condition for safe flight.

Dominguez Investigation seeks the requested relief because the DJI Phantom 3 UAS does not require 

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

Investigation Agency will ensure that the DJI UAS is in an airworthy condition based uponits 

compliance with the operating documents (i.e., the DJI Flight Manual) prior to every flight, and as 

stated in the conditions and limitations below.

3. Extent of Relief Dominguez Investigation Agency Seeks And The Reason Dominguez 

Investigation Agency Seeks Relief From Section 91.121.

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

the DIJ UAS, which utilizes GPS equipment and a radio communications telemetry data linkto

downlink altitude information to the PIC from the UA to the GCS. As more fully set forth below,

safety will be maintained as a result of the DIJ Phantom 3 UA’s altitude readout viaGPS equipment, 

and Dominguez Investigation Agency’s operation of the DJI Phantom 3 UA withinvisual line of 

sight, at or below 400 feetAGL.

4. Extent Of Relief Dominguez Investigation Agency Seeks And The Reason Dominguez 

Investigation Agency Seeks Relief From Section 91.151(b).

Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is requested to

the extent required to allow flights of the battery powered DJI UA during daylight hours invisual

meteorological conditions (VMC), under visual flight rules (VFR) conditions, to continue for atotal

duration of 15 minutes, which will ensure that the UA will land with five minutes of battery power

remaining. Dominguez Investigation Agency seeks the requested relief because without an 

exemptionfrom Section 91.151(b), the flight time duration of the battery powered DJI UA will

severely constrain the practicality of any aerial acquisition and research flight operations that 

Dominguez Investigation Agency proposes to conduct pursuant to this Petition.

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

Manual, and Dominguez Investigation Agency’s proposed operating limitations, ensure that Dominguez 

Investigation Agency will safely operate the battery powered DJI UA during daylight hours inVFR

conditions, for a total flight duration of 15 minutes, landing with five minutes of battery power 

remaining.

5. Extent Of Relief Dominguez Investigation Agency Seeks And The Reason Dominguez 

Investigation Agency 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 applyto

aircraft with an airworthiness certificate, Dominguez Investigation Agency requests relief from these

Sections because the DJI Phantom 3 UAS does not require an airworthiness certificate. As setforth

more fully below, the DJI Phantom 3 UAS meets the conditions of Section 333 of the FMRA for 

operation without an airworthiness certificate. Accordingly, Dominguez Investigation Agency will

use authorized technicians to perform maintenance, alterations, or preventive maintenance on the

UAS using the methods, techniques, and practices prescribed in the manufacturer’s maintenance

manual. Furthermore, Dominguez Investigation Agency will document and maintain all maintenance

records for the DJI Phantom 3 UAS.

D. The Reasons Why Granting Dominguez Investigation Agency’s Request Would Be In The

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

Granting the present Petition will further the public interest by allowing Dominguez Investigation 

Agency to safely, efficiently, and economically perform aerial photographs and video over public 

areas ofthe United States, commercially, in support of government entities, court ordered

investigations, crime scene documentation, scientific studies, and private investigations. 

Additionally, use of theDJI Phantom 3 UAS will decrease congestion of the NAS, reduce pollution, 

and provide significant benefits to the economy. Notably, the benefits of Dominguez Investigation 

Agency’s proposed operation of the DJI Phantom 3 UAS will be realized without implicating any

privacy issues.

1. The Public Will Benefit From The Aerial Acquisitioned Photographs and VideoPerformed.

Dominguez Investigation Agency submits this Petition to commercially operate the DJI Phantom 3 

UAS and perform aerial acquisitions and research throughout areas of the United States, in support of

government entities, private investigations, court appointed investigations, evidentiary videoand

photographs of crime scenes, and crime scene direction mapping. The DJI Phantom 3 UAS will

provide safe, efficient, and economical aerial acquisition and research operations to further each of 

these fields, all of which are critical to the well-being of the general public.

The specific operations that Dominguez Investigation Agency will perform with the DJI Phantom 3 

UAS demonstrate how the requested exemption will directly benefit the above-referenced industries 

and the public. In court appointed investigations, the aerial acquisition performed by theDJI

Phantom 3 will create critical aerial evidence of a wider area than could be done onthe ground. In 

private investigations the DJI Phantom 3 UAS will be used to aid inproperty inspections, and crime 

scene evidence. The DJI Phantom 3 UAS will also furtherthe investigative process since large and

vast amounts of photographs can be condensed into one video segment for court preparation and 

court viewing.

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

The DJI Phantom 3 UA is battery powered and serves as a safe, efficient, and economical

alternative to the manned aircraft traditionally utilized to obtain aerial imagery. By reducing the

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

of a DJI Phantom 3 UAS would reduce the amount of manned aircraft in the NAS, reduce noise

and air pollution, as well as increase the safety of life and property in the air and on the ground.

Furthermore, by reducing the number of manned aircraft operating in the NAS, congestionaround

airports caused by arriving and departing aircraft will be reduced. The DJI Phantom 3 UA does not

require an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial

survey 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.

3. 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 survey flight operations. By using battery power and electric motors,the

DJI Phantom 3 UAS produces no air pollution, and is the most viable environmentally conscious

alternative to the cabin class, six cylinder internal combustion twin engine aircraft that are typically

utilized for aerial acquisitions, while burning approximately 20-30 gallons per hourof leaded

aviation fuel. The DJI Phantom 3 UA, while reducing the carbon footprint of aerial acquisitions, 

also eliminates noise pollution, as the UA is propelled by battery powered electric motors, rather 

than an internal combustion engine.

By using the DJI Phantom 3 UAS to perform aerial acquisitions, the substantial risk to lifeand property

in the air and on the ground, which is usually associated with traditional manned aircraft flight 

operations, will be substantially reduced or completely eliminated. Aside from the lack of flight crew 

members located onboard the aircraft, the DJI Phantom 3 UA (weighing approximately2.8 pounds at its 

maximum gross weight with a diameter of 23.2 inches, and with no fuel on board), hasless
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physical potential for collateral damage to life and property on the ground, and in the air, compared tothe 

manned aircraft that typically conduct aerial acquisitions (weighing approximately 6,500 pounds with

a wingspan of approximately 40 feet, a length of 34 feet, and a fuel capacity of 180 gallons).

4. Performing Aerial Acquisition Operations With The DJI Phantom 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 aerial acquisitions. As such, operation of theDJI Phantom 3 UAS

will allow United States based companies, like Dominguez Investigation Agency, to remain

competitive and contribute to growth of the U.S. economy. Specifically, with the rising cost of

aviation fuel and the Environmental Protection Agency (“EPA”) regulatory actions phasing out

leaded aviation fuels, U.S. owned and operated companies must adopt new and alternative

technology in order to remain competitive. Operating the battery powered DJI Phantom 3 UAS is

one such technology that not only allows companies greater operational flexibility compared to

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

manned aircraft.

By operating the DJI Phantom 3 UAS, companies such as Dominguez Investigation Agencycan

remain competitive and profitable, and therefore, provide greater job stability to employees and

contractors, which will ultimately contribute to growth of the U.S. economy. Improved financial

performance of U.S. companies, through commercial use of the DJI Phantom 3 UAS, provides a

stable workforce that increases consumer spending; improves local, state, and federal tax

revenues; and allows companies to invest in research and development in order to remain

competitive both in the United States and abroad.

5. There Are No Privacy Issues.

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

Dominguez Investigation Agency’s proposed operation of the DJI Phantom 3 UAS will not

implicate any privacy issues. Specifically, the DJI Phantom 3 UAS will be operated only in rural 

areas, and in accordance with all Federal Aviation Regulations, including theminimum altitude 

requirements of 14 C.F.R. § 91.119. Most significantly, the DJI Phantom 3 UA will not be

operated closer than 500 feet to any person, vessel, vehicle, or structure, which is not directly

involved in the operation.

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 Dominguez Investigation Agency SeeksExemption.

1. Reasons Why The DJI Phantom 3 UAS Meets The Conditions Of TheFAA 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, Dominguez Investigation operation of the DJI Phantom 3 UAS meets the 

conditions of FMRA Section 333, and will not require an airworthiness certificate in accordance with 

14 C.F.R. Part 21, Subpart H.

Section 333 provides authority for a UAS to operate without airworthiness certification and sets 

forth requirements for considering whether a UAS will create a hazard to users of the NAS or the

public, or otherwise pose a threat to national security. Specifically, FMRA Section 333 states the

following, in part:

(a) In General.--Notwithstanding any other requirement of this subtitle, and not later than 180days 

after the date of enactment of this Act, the Secretary of Transportation shall determine if certain

unmanned aircraft systems may operate safely in the national airspace system before completion of

the plan and rulemaking required by section 332 of this Act or the guidance required by section 334

of this Act.

(b) Assessment of Unmanned Aircraft Systems.--In making the determination under subsection(a),

the Secretary shall determine, at a minimum--
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(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 threatto 

national security; and
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(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 unmannedaircraft

systems identified under paragraph (1).

(c) Requirements for Safe Operation.--If the Secretary determines under this section that certain 

unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall 

establish requirements for the safe operation of such aircraft systems in the national airspacesystem.

In seeking this exemption, Dominguez Investigation Agency submits that the DJI Phantom 3 UAS

can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the

characteristics of the DJI Phantom 3 UAS; (b) the pilot certification requirement; and (c) the specific

operating limitations.

a. The Specifications Of The DJI Phantom 3 UAS Demonstrate Its SafeCharacteristics. 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, andoperational capability.

i. Technical Specifications Of The DJI Phantom 3 UAS.

The technical specifications of the DJI Phantom 3 UAS are set forth in the Appendix ofthe “Flight 

Manual For The DJI Phantom 3 Unmanned Aircraft System (UAS),” attachedhereto as Exhibit A.

Exhibit A contains proprietary information and is to be held in a separate file pursuant to 14 C.F.R. §

11.35(b)1.

1 Exhibits to this Petition contain proprietary information, and in accordance with 14 C.F.R. § 11.35(b), 

are not to be included in the Federal Docket Management System(FDMS).

ii. The DJI Phantom 3 UAS Autonomous Flight And Navigation Modes EnableThe UAS 

To Remain Within A Defined Operational Area.

A complete description of the autonomous modes and methods of navigation of the DJI Phantom 3 

UAS is provided on page 11 of the “Flight Manual For The DJI Phantom 3 Unmanned Aircraft 

System (UAS),” attached hereto as Exhibit A. Exhibit Acontains proprietary information and is to

be held in a separate file pursuant to 14 C.F.R. § 11.35(b).

iii. The DJI Phantom 3 UAS Is Designed For Automatic Return To Launch InThe Event 

Of Loss Of The Control Link Or Navigation.

A complete description of the DJI Phantom 3 UAS’s automatic return to launch functionin the

event of a break in communication or loss of telemetry data is set forth on page 12 of the “Flight 

Manual For The DJI Phantom 3 Unmanned Aircraft System (UAS),” attached hereto as Exhibit A.

Exhibit A contains proprietary information and is to be held in a separate file pursuant to 14 C.F.R. 

§ 11.35(b). b. Flight Operations Of The DJI Phantom 3 UAS Are Limited To The Line Of 

Sight Of A Certificated Pilot in Command With A SafetyObserver. Dominguez Investigation 

Agency will only utilize certificated pilots who possess a valid sport pilot certificate to act as a pilot 

in command (PIC) of the DJI Phantom 3 UAS. Additionally,a safety observer will assist all pilots.

The PIC must complete the DJI Phantom 3 UAS training and qualification, as set forth in the “Flight 

Manual For The DJI Phantom 3 Unmanned Aircraft System (UAS),” attached hereto as Exhibit A. 

Exhibit A contains proprietaryinformation and is to be held in a separate file pursuant to 14 C.F.R. 

§ 11.35(b).20

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

Limitations.

In seeking this exemption, Dominguez Investigation Agency proposes to commercially operate the

DJI Phantom 3 UAS for the special purpose of conducting aerial acquisitions over public areas of

United States, pursuant to the following specific operating limitations:

1) Operations authorized by this grant of exemption are limited to the following aircraft describedin

the operator’s manual which is a quad rotor aircraft weighing less than 10 pounds: DJI Phantom 3 

Unmanned Aircraft System. Proposed operations of any other aircraft will require a new petition 

or a petition to amend this grant.
13

2) The UA may not be flown at an indicated airspeed exceeding 25 MPH & the UA must be operated

at an altitude of no more than 400 feet above ground level (AGL), as indicated by the procedures 

specified in the operator’s manual. All altitudes reported to ATC must be in feetAGL.

3) The UA must be operated within visual line of sight (VLOS) of the PIC at all times. This requires 

the PIC to be able to use human vision unaided by any device other than corrective lenses,as 

specified on the PIC’s FAA-issued airman medical certificate.

4) All operations must utilize a visual observer (VO). The VO may be used to satisfy the VLOS 

requirement, as long as the PIC always maintains VLOS capability. The VO and PIC must be able

to communicate verbally at all times. The PIC must be designated before the flight andcannot

transfer his or her designation for the duration of the flight.

5) The operator’s manual and this grant of exemption must be maintained and made available to the

Administrator upon request. If a discrepancy exists between the conditions and limitations inthis 

exemption and the procedures outlined in the operator’s manual, the conditions and limitationsherein

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

outlined in its operator’s manual.

The operator may update or revise its operator’s manual. It is the operator’s responsibility to track

such revisions and present updated and revised documents to the Administrator upon request.The

operator must also present updated and revised documents if it petitions for extension or

amendment. If the operator determines that any update or revision would affect the basis upon which

the FAA granted this exemption, then the operator must petition for amendment to their exemption.

The FAA’s UAS Integration Office (AFS-80) may be contacted if questions arise regardingupdates 

or revisions to the operator’s manual.

6) Prior to each flight the PIC must inspect the UAS to ensure it is in a condition for safe flight. If the

inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited

from operating until the necessary maintenance has been performed and the UAS is found to be in a

condition for safe flight. The Ground Control Station must be included in the preflight inspection. 

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

7) Any UAS that has undergone maintenance or alterations that affect the UAS operation orflight

characteristics (e.g. replacement of a flight critical component), must undergo a functional test flight

in accordance with the operator’s manual. The PIC who conducts the functional test flight mustmake

an entry in the UAS aircraft records of the flight. The requirements and procedures for a functional

test flight and aircraft record entry must be added to the operator’s manual.

8) The preflight inspection must account for all discrepancies, i.e. inoperable components, items,or

equipment, not covered in the relevant preflight inspection sections of the operator’s manual.

9) The operator must follow the manufacturer’s UAS aircraft/component, maintenance, overhaul,

replacement, inspection, and life limit requirements, with particular attention to flightcritical

components that may not be addressed in the manufacturer’s manuals.

10) Dominguez Investigation Agency must carry out their maintenance, inspections, and record

keeping requirements in accordance with the operator’s manual. Maintenance, inspection, and

alterations must be noted in the aircraft logbook, including total flight hours, description of work

accomplished, and the signature of the authorized UAS technician or PIC returning the UAS to

service.

11) Dominguez Investigation Agency UAS technicians must receive and document training

referenced in the operator’s manual.

12) Each UAS operated under this exemption must comply with all manufacturer System and Safety

Bulletins.

13) Dominguez Investigation Agency maintenance personnel must make a record entry in the

UAS logbook or equivalent document of the corrective action taken against discrepancies 

discoveredbetween inspections.

15) The PIC must possess at least a private pilot certificate and a third-class airmanmedical

certificate and/or a sport pilot certificate. The PIC must also meet the flight review requirements in 

an aircraft in which the PIC is rated on his or her pilot certificate specified in 14 C.F.R. § 61.56
14

16) The operator may not permit any PIC to operate unless that PIC has demonstrated, through

the training and currency requirements set forth in the operator’s manual, that the PIC is able to

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

exemption, including evasive and emergency maneuvers and maintaining appropriate distances 

from people, vessels, vehicles and structures.

17) UAS operations may not be conducted during night, as defined in 14 C.F.R. § 1.1. Alloperations

must be conducted under visual meteorological conditions (VMC). Flights under special visual flight

rules (SVFR) are not authorized.

18) The UA may not operate within 5 nautical miles of the airport reference point as denoted on a

current FAA-published aeronautical chart. The UA may not operate within 3 nautical miles from any

city or densely populated area.

19) The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a

cloud or when visibility is less than 3 statute miles from the PIC.

20) If the UAS loses communications or loses its GPS signal, the UA must return to a pre-determined

location within the private or controlled-access property and land, or be recovered in accordancewith

the operator’s manual.

21) The PIC must abort the flight in the event of unpredicted obstacles or emergencies inaccordance

with the operator’s manual.

22) The PIC is prohibited from beginning a UAS flight unless (considering wind andforecast

weather conditions and assuming normal cruising speed) there is enough power to fly to the first

point of intended landing prior to utilizing battery reserve power.

23) The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or

Authorization (COA) prior to conducting any operations under this grant of exemption. ThisCOA 

will also require the operator to request issuance of a Notice to Airman (NOTAM) not morethan

72 hours in advance, but not less than 48 hours prior to the operation.

24) All aircraft operated in accordance with this 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.

25) Before conducting operations, the radio frequency spectrum used for operation and control of

the UA must comply with the Federal Communications Commission (FCC) or otherappropriate

government oversight agency requirements.

26) The documents required under 14 C.F.R. 91.9 and 91.203 must be available to the PIC atthe

Ground Control Station of the UAS any time the aircraft is operating. These documents must be

made available to the Administrator or any law enforcement official upon request.

27) The UA must remain clear and yield the right of way to all other manned aviation operationsand

activities at all times.

28) The UAS may not be operated by the PIC from any moving device or vehicle.

29) The UA may not be operated over congested or densely populated areas. These areas include but

are not limited to the yellow areas depicted on World Aeronautical Charts (WAC),Sectional

Aeronautical Charts (Sectionals), or Terminal Area Charts (TAC). However, aeronautical charts may

not reflect pertinent local information. Ultimately, it

is the PIC’s responsibility to maintain the minimum safe altitudes required by § 91.119.

30) Flight operations must be conducted at least 500 feet from all nonparticipating persons(persons

other than the PIC or VO), vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons from debris in the 

event of an accident. The operator must ensure that nonparticipating persons remain undersuch
15

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 land owner/controllerhas 

granted permission and the PIC has made a safety assessment of the risk of operating closer to those

objects and;

c. Operations near the PIC or VO do not present an undue hazard to the PIC or VO, per § 91.119(a).31) 

All operations shall be conducted over private or controlled-access property with permission fromthe 

land owner/controller or authorized representative. Permission from land owner/controller orauthorized 

representative will be obtained prior to the beginning of every flight.

32) 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.

Dominguez Investigation Agency 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, through the DJI Phantom 3 UAS training and currency

requirements, that the PIC is able to safely operate the DJI Phantom 3 UAS ina manner consistent 

with this exemption, including evasive and emergency maneuvers and maintaining appropriate

distances from people, vessels, vehicles and structures.

Considering Dominguez Investigation Agency’s proposed area of operations, and the operating

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

to those of commercial pilot requirements (See Exemption No. 11062); and the airmanship skills

necessary to safely operate the DJI Phantom 3 UAS, Dominguez Investigation Agency submits that

the additional manned airmanship experience of a commercially certificated pilot would not 

correlate tothe airmanship skills necessary for Dominguez Investigation Agency’s specific

proposed flight operations.

The DJI Phantom 2 series UAS was the subject of a previous Grant of Exemption fromSection

61.113(a) and (b). In Exemption No. 11109, the FAA granted relief from Section 61.113(a) and (b)

concerning the operation of the DJI Phantom 2 series UAS by a PIC holding a private pilot

certificate and third class airman medical certificate, based upon the following analysis:

The FAA has analyzed Clayco’s proposed operation and has determined that it does notdiffer

significantly from the situation described in Grant of Exemption No. 11062 (Astraeus Aerial). Clayco

plans to operate over private property with controlled access in the NAS. Given: 1) the similar nature

of Clayco’s proposed operating environment to that of Astraeus’, 2) the parallel nature of private

pilot aeronautical knowledge requirements to those of commercial requirements [ref: Exemption No.

11062], and 3) the airmanship skills necessary to operate the UAS, the FAA finds that the additional

manned airmanship experience of a commercially certificated pilot would not correlate tothe

airmanship skills necessary for Clayco’s specific proposed operations. Therefore, the FAA findsthat

a PIC holding a private pilot certificate and a third-class airman medical certificate is appropriate for

the proposed operations.

With regard to the airmanship skills necessary to operate the UAS (item #3 stated above), Clayco has 

proposed a 100 hour training program and 6 month currency requirements. The conditionsand

limitations below stipulate that Clayco may not permit any PIC to operate unless that PIChas 

demonstrated through Clayco’s training and currency requirements that the PIC is able tosafely

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

including evasive and emergency maneuvers and maintaining appropriate distances frompeople,

vessels, vehicles and structures.
16

See Exemption No. 11109 at 12.

Additionally, 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. 25

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

11136, 11138).

As in Exemption No. 11109, Dominguez Investigation Agency will not allow any PIC to operate the

DJI Phantom 3 UAS unless that PIC has demonstrated through the DJI Phantom 3 UAS training and

currency requirements, that the PIC is able to safely operate the DJI Phantom 3 UAS in a manner

consistent with this exemption, including evasive and emergency maneuvers and maintaining

appropriate distances from people, vessels, vehicles and structures.

A complete description of the DJI Phantom 3 UAS Training and Qualification requirements is set 

forth at page 2 of the “Flight Manual For The DJI Phantom 3 Unmanned Aircraft System (UAS),” 

attached hereto as Exhibit A. Exhibit A contains proprietary information and is to be held in a 

separate file pursuant to 14 C.F.R. § 11.35(b).

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

Not Adversely Affect Safety.

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

every flight, Dominguez Investigation Agency will ensure that the DJI Phantom 3 UAS is inan

airworthy condition based upon the DJI Phantom 3 UAS’s compliance with itsoperating

documents (i.e., the DJI Phantom 3 Flight Manual), and as stated in the conditionsand limitations

herein.

The DJI Phantom series UAS was the subject of a previous Grant of Exemption from Section91.7(a) 

(Exemption No. 11109). Additionally, the FAA has previously granted relief from Section 91.7(a) 

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

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

11138). 26

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

Not Adversely Affect Safety.

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

information of the DJI Phantom 3 UA will be provided to the PIC via GPS equipment and a radio 

communications telemetry data link, which downlinks from the UA to the GCS foractive

monitoring of the flight path. This altitude information, combined with Dominguez Investigation 

Agency’s operation of the DJI Phantom 3 UA within visual line of sight, at or below 400 feetAGL,

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

will be established and confirmed for accuracy by the UAS PIC. The DJI Phantom series UAS were

the subject of a previous Grant of Exemption from Section 91.121 (Exemption No. 11109).

Additionally, the FAA has previously granted relief from Section 91.121 specific to UAS, in

circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062,

11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138).

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

Not Adversely Affect Safety.

A grant of this exemption would ensure an equivalent level of safety established by 14 C.F.R.

Section 91.151(b) as a result of (1) the technical specifications of the DJI Phantom 3 UAS;

(2) The limitations on the proposed flight operations; and (3) the location of the proposedflight

operations. Accordingly, Dominguez Investigation Agency will ensure that it can safely operate the

battery powered DJI Phantom 3 UA during daylight hours, in VFR conditions, for a totalflight

duration of no more than 15 minutes, resulting in a landing with five minutes of battery power
17

remaining. In a previous Petition for Exemption, in which an operator was utilizing a DJI Phantom 2 

Vision UAS identical in all material respects to the DJI Phantom 3 UAS Dominguez Investigation 

Agency proposes to use, the FAA granted an exemption from the requirements of Section91.151,

stating asfollows:

In the event that the UAS should run out of power, it would simply land within the access controlled

operating area. Given its weight and construction material, the risks are less than contemplated by

the current regulation. Prior relief has been granted for manned aircraft to operate at less thanthe

minimums prescribed in § 91.151 (a), including Exemption Nos. 2689, 5745, and 10650. Inaddition,

similar UAS-specific relief has been granted an Exemption Nos. 8811, 10808, and 10673 for

daytime, Visual Flight Rules (VFR) conditions. The DJI Phantom 2 Vision provides a battery failsafe

that commands the UA’s return to the launch point when critical minimum voltage is reached. The

UAS batteries provide approximately 35 minutes of powered flight. The FAA agrees with Clayco’s

proposal to limit UAS flights to not more than 30 minutes, or enough battery reserve to ensure that

the UAS lands at the ground station with at least 20% battery reserve power, whichever happens 

first. Given the limitations on its proposed operations and the location of those proposed operations, 

a reduced minimum power reserve for flight in daylight VFR conditions is reasonable.

See Exemption No. 11109 at 15.

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

limitations on the proposed flight operations; and the location of the proposed operations, will ensure

that Dominguez Investigation Agency may safely operate the battery powered DJI Phantom 3 UA 

during daylight hours in VFR conditions for a total duration of not more than 15 minutes, and

landing with five minutes of battery powerremaining.

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 thanthe

minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and10650.

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.

288811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109,

11110, 11136, 11138).

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 AffectSafety.

In seeking this exemption, Dominguez Investigation Agency 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 Dominguez 

Investigation Agency will use its trained technicians to perform maintenance, alterations, or

preventive maintenance on the unmanned aircraft system using the methods, techniques, and

practices prescribed in the manufacturer’s maintenance manual. Furthermore, Dominguez 

Investigation Agency will document and maintain all maintenance records for the DJI Phantom 3 

UAS.

Since the DJI Phantom 3 UAS will be inspected as prescribed by themanufacturer’s 

maintenance manual, Dominguez Investigation Agency will maintain the equivalent level of

safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). The Flight Manual For

The DJI Phantom 3 UAS sets forth airworthiness requirements for the UA, including preflight

and post flight inspections, as well as scheduled maintenance in four categories: daily, weekly,

monthly, and yearly.

Likewise, the exemption sought will not adversely affect safety because Dominguez Investigation 

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

methods, techniques, and practices prescribed by the manufacturer’s maintenance manual. The

Flight Manual For The DJI Phantom 3 UAS details procedures for each component of the UA,

including the
18

components of the propulsion system, avionics system, and payloadsystem.

A complete description of the DJI Phantom 3 UAS airworthiness and maintenance requirements is 

set forth at page 53 of the “Flight Manual For The DJI Phantom 3 Unmanned Aircraft System 

(UAS),” attached hereto as Exhibit A. Exhibit A contains proprietary information and is to be held 

in a separate file pursuant to 14 C.F.R. §11.35(b).

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

Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the DJI Phantom 3 UAS 

will be performed by Dominguez Investigation Agency trained technicians, whowill document 

and maintain maintenance records for the DJI Phantom 3 UAS. Significantly, previous 

exemptions granted by the FAA concerning the DJI Phantom 2Vision series UAS and 

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 Exemption No. 11109, the FAA stated the following concerning

the DJI Phantom 2 Vision UAS and the DJI Phantom 2 Vision FlightManual:

Regarding the petitioner’s requested relief from 14 C.F.R 91.405 (a) Maintenance required,

91.407(a)(1) Operation after maintenance, preventive maintenance, rebuilding, or alteration,

91.409(a)(2) Inspections, and 91.417(a) and (b) Maintenance records, the FAA has determinedthat

relief from § 91.409(a)(1) is also necessary because it is an alternate inspection requirement of§

91.409(a)(2). The FAA has carefully evaluated the petitioner’s request and determined that cause for

granting the exemption is warranted. The FAA notes that the petitioner’s DJI Phantom 2 VisionUAS 

Flight Manual contain daily, preflight, monthly and yearly checks for the UAS. The FAA finds that

adherence to the DJI Phantom 2 Vision Flight Manual, as required by the conditions and limitations

below, is sufficient to ensure that safety is not adversely affected. In accordance with the petitioner’s 

UAS maintenance, inspection, and recordkeeping requirements, the FAA finds that exemption from

14 C.F.R. 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b) is warranted subjectto

the conditions and limitations below.

In consideration of Dominguez Investigation Agency’s proposed operating limitations, the most 

recentDJI Phantom 3 Flight Manual, and the technical aspects of the DJI Phantom 3 UAS,

Dominguez Investigation Agency submits that safety will not be adversely affected by granting

exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 

91.417(a) and(b). The FAA has previously granted relief specific to UAS in circumstances

similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 

11064, 11065,11066,

11067, 11080, 11109, 11110, 11112, 11136, 11138).

7. The FAA May Prescribe Any Other Conditions For SafeOperation.

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, Dominguez Investigation Agency requests that the

FAA prescribe special conditions for the intended operation of the DJI Phantom 3 UAS,which

contain such safety standards that the Administrator finds necessary to establish a level of safety

equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) &(b),

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

Such special conditions will permit safe operation of the UAS for the limited purpose of conducting

aerial acquisitions over certain rural areas of the United States. FMRA Section 333 sets forththe

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 mustbe

established for the safe operation of the UAS in theNAS.

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

§ 21.16, for operation of the DJI Phantom 3 UAS, since the airworthiness regulations of 14

C.F.R. Part 21 do not contain adequate or appropriate safety standards, due to the novel or unusual
19

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 adequateor

appropriate safety standards for an aircraft, aircraft engine, or propeller because of a novel or unusual

design feature of the aircraft, aircraft engine or propeller, he prescribes special conditions and

amendments thereto for the product. The special conditions are issued in accordance with Part 11 of

this chapter and contain such safety standards for the aircraft, aircraft engine or propeller as the FAA 

finds necessary to establish a level of safety equivalent to that established in the regulations.

See 14 C.F.R. § 21.16. 31

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

special conditions for Dominguez Investigation Agency’s intended operation of the DJI Phantom 3 

UAS, which contain such safety standards that the Administrator finds necessary to establish a level

of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.RSections

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 Dominguez Investigation Agency Seeks

Exemption:

Dominguez Investigation Agency 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 Dominguez Investigation Agency Seeks:

This exemption will permit Dominguez Investigation Agency to commercially operate an Unmanned

Aircraft System (UAS) for the purpose of conducting aerial acquisitions and research over certain

public areas of the United States.

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

Investigation Agency’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, Dominguez Investigation Agency’s request for exemption may be granted 

pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as set forthabove.

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; andfurther,

provides the authority for such UAS to operate without airworthiness certification. As discussed in

detail above, Dominguez Investigation Agency will operate the DJI Phantom 3 UAS safely inthe

NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to

nationalsecurity.

CONCLUSION

As set forth herein, Dominguez Investigation Agency 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 

permitsafe operation of the DJI Phantom 3 UAS commercially, without an airworthiness certificate,

for the limited purpose of conducting aerial acquisitions over certain public areas of the United

States. By granting this Petition, the FAA Administrator will be fulfilling the Congressional

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

the public, by allowing Dominguez Investigation Agency to safely, efficiently, and economically

operate the DJIPhantom 3 UAS commercially within the NAS.

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

Reform Act of 2012, Section 333, Dominguez Investigation Agency 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 Dominguez Investigation Agency to operate the DJI Phantom 3 UAS 

commercially for thepurpose
20

of conducting aerial acquisitions, investigations, crime scene video rendering and research overcertain 

public areas of the United States.
21

 Dated: June 8

th

, 2015

Submitted on behalf of Dominguez Investigation Agency, DBA “Portal Investigation”

 New Mexico Regulation and Licensing Department License #2729

Matthew Dominguez

Owner/Investigator

Dominguez Investigation Agency

PO BOX 15625

Rio Rancho, NM 87174-0625

Email:

mdominguezdia@gmail.com

mattd@portalinvestigation.com