UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, D.C.

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: Michael Brands Photography LLC,

DBA Mountain Home Photo, 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 AND DJI

INSPIRE 1 UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF THE FAA

MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112­95)

Submitted on June 11, 2015

Michael Brands

Michael Brands Photography, LLC

DBA Mountain Home Photo

114 Aspen Village

Aspen, CO 81611

970­379­1885

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

NAME AND ADDRESS OF PETITIONER.............................................................6

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH Michael Brands Photography,

DBA Mountain Home Photo SEEKS EXEMPTION...............................................6

THE EXTENT OF RELIEF Michael Brands Photography, DBA Mountain Home Photo

SEEKS AND THE REASON Michael Brands Photography, DBA Mountain Home Photo

SEEKS THE RELIEF.............................................................................................8

THE REASONS WHY GRANTING THE REQUEST BY Michael Brands Photography,

DBA Mountain Home Photo WOULD BE IN THE PUBLIC INTEREST ..............12

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY

AFFECT SAFETY.................................................................................................14

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER............21

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO Michael

Brands Photography, DBA Mountain Home Photo REQUEST............................21

CONCLUSION..................................................................................................................21

APPENDICES................................................................................................22

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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

CFR Code of Federal Regulations

COA Certificate of Authorization

DBA Doing Business As

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

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 Landing

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SUMMARY

Michael Brands Photography, LLC, DBA Mountain Home Photo 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 Michael Brands Photography, LLC, DBA

Mountain Home Photo to operate an Unmanned Aircraft System (UAS) for the commercial purpose of

conducting aerial video and photography for, corporate marketing, special events, search and rescue, and

general landscape coverage, over certain areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

Michael Brands Photography, LLC DBA Mountain Home Photo provides its clients with high quality still

photography and video, primarily for the real estate industry. We have expertise and knowledge in advanced

technologies and solutions to increase efficiency, productivity and effectiveness. Michael Brands

Photography, LLC DBA Mountain Home Photo also provides its clients with the highest quality digital

content for use in their commercial, personal, and non­profit multimedia projects. Michael Brands

Photography, LLC DBA Mountain Home Photo has more than 12 years of professional experience in video

production and photography and is recognized as an expert in this field. Michael Brands Photography, LLC

DBA Mountain Home Photo has over 2 years of recreational/hobby experience in all aspects of aerial video

and photography. The objective of Michael Brands Photography, LLC DBA Mountain Home Photo’s aerial

video and photography operations is to provide high quality imaging for a variety of commercial, public, and

residential uses, specifically targeting:

­ Real estate photography and video

­ Corporate marketing

­ Search and rescue

­ Increase public knowledge of UAS and promote safe UAS operations.

BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 3. Michael Brands Photography, LLC, DBA Mountain Home

Photo seeks an exemption to operate DJI systems for compensation or hire within the NAS. The DJI

Phantom 3 is a vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station

(GCS) utilizing electronic tablet or smart phone systems. The DJI Phantom 3 has a maximum gross weight

of approximately 2 pounds 13 ounces, while having a length of 18 inches, width of 13 inches, height of 8

inches, and a maximum speed of approximately 30 knots. The DJI Phantom 3 is equipped with four main

rotors; driven by Lithium Polymer battery powered electric motors. The DJI Phantom 3 will be operated by

Michael Brands Photography, LLC DBA Mountain Home Photo and 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.

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BASIS FOR PETITION

Petitioner, Michael Brands Photography, LLC, DBA Mountain Home Photo, pursuant to the provisions of the

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

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

Administrator to commercially operate the DJI Phantom 3 in the National Airspace System (NAS), and for an

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

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

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

and its operation, Michael Brands Photography, LLC, DBA Mountain Home Photo operation of DJI Phantom

3 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, Michael Brands Photography, LLC, DBA Mountain Home Photo 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.

Michael Brands Photography, LLC, DBA Mountain Home Photo submits that the requested relief is proper

since an equivalent level of safety will be ensured. Michael Brands Photography, LLC, DBA Mountain Home

Photo 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 Instruction Manual). Furthermore, Michael

Brands Photography, LLC, DBA Mountain Home Photo will document and maintain all maintenance records

for the DJI Phantom 3.

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

Pilot in command, is requested by Michael Brands Photography, LLC, DBA Mountain Home Photo to the

extent necessary to allow a Pilot in Command (PIC) holding a private pilot 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 in a manner consistent with this

exemption, including evasive and emergency maneuvers and maintaining appropriate distances from

people, vessels, vehicles and structures.

Michael Brands Photography, LLC, DBA Mountain Home Photo seeks relief from Section 91.7(a), entitled

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

accordance with 14 C.F.R. Part 21, Subpart H. As such, Michael Brands Photography, LLC, DBA Mountain

Home Photo submits that they will ensure that the DJI Phantom 3 is 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 Instruction Manual), and that the aircraft is in a condition for safe

flight.

Michael Brands Photography, LLC, DBA Mountain Home Photo also seeks an exemption from the

requirements of Section 91.121, entitled Altimeter Settings, as the DJI Phantom 3 does not have a typical

barometric altimeter onboard. However, altitude information of the DJI Phantom 3 is available on the ground

control station. Operating the UAS within visual line of sight, at or below 400 feet AGL, will ensure a level of

safety equivalent to Section 91.121.

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Additionally, Michael Brands Photography, LLC, DBA Mountain Home Photo seeks an exemption from the

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

Photography, LLC, DBA Mountain Home Photo submits that safety will not be affected by operation of the

DJI Phantom 3 during daylight hours in visual meteorological conditions (VMC) under visual flight rules

(VFR), with enough battery power to fly for a total duration of approximately 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, Michael Brands Photography, LLC, DBA Mountain Home Photo

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:

Michael Brands Photography, LLC, DBA Mountain Home Photo c/o Michael Brands

114 Aspen Village

Aspen, CO 81611

970­379­1885

michael@mountainhomephoto.com

B. The Specific Sections Of 14 C.F.R. from Which Michael Brands Photography, LLC, DBA

Mountain Home Photo Seeks Exemption.

1. Michael Brands Photography, LLC, DBA Mountain Home Photo 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:

(a) No person who holds a private pilot certificate may act as a pilot in command (PIC) of an aircraft

that is carrying passengers or property for compensation or hire; nor may that person, for compensation or

hire, act as PIC of an aircraft.

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

business or employment if—

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

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

2. Michael Brands Photography, LLC, DBA Mountain Home Photo Seeks Exemption From The

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

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

3. Michael Brands Photography, LLC, DBA Mountain Home Photo Seeks Exemption From

The Requirements Of Section 91.121.

Section 91.121, entitled Altimeter settings, subsection (a), states the following, in part:

(a) Each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft,

as the case may be, by reference to an altimeter that is set, when operating­­

(1) Below 18,000 feet MSL, to­­

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

nautical miles of the aircraft;

(ii) If there is no station within the area prescribed in paragraph (a)(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.

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4. Michael Brands Photography, LLC, DBA Mountain Home Photo Seeks Exemption From

The Requirements Of Section 91.151(b).

Section 91.151, entitled Fuel requirements for flight in VFR conditions. Subsection (b), states the

following:

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

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

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

5. Michael Brands Photography, LLC, DBA Mountain Home Photo Seeks Exemption From

The Requirement Of Section 91.405(a). S​ection 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. Michael Brands Photography, LLC, DBA Mountain Home Photo Seeks Exemption From

The Requirements Of Section 91.407(a)(1) 8 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. Michael Brands Photography, LLC, DBA Mountain Home Photo 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. Michael Brands Photography, LLC, DBA Mountain Home Photo 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

100­hour, annual, progressive, and other required or approved inspections, as appropriate, for each

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

records must include­­

(i) A description (or reference to data acceptable to the Administrator) of the work

performed; and

(ii) The date of completion of the work performed; and

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(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 life­limited parts of each airframe, engine, propeller, rotor,

and appliance.

(iii) The time since last overhaul of all items installed on the aircraft which are

required to be overhauled on a specified time basis.

(iv) The current inspection status of the aircraft, including the time since the last

inspection required by the inspection program under which the aircraft and its appliances

are maintained.

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

directives including, for each, the method of compliance, the AD or safety directive number

and revision date. If the AD or safety directive involves recurring action, the time and date

when the next action is required.

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

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

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

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

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

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

transferred with the aircraft at the time the aircraft is sold.

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

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

return to service.

C. The Extent Of Relief and Reason for Relief Michael Brands Photography, LLC, DBA Mountain

Home Photo Seeks The Relief.

1. Extent Of Relief Michael Brands Photography, LLC, DBA Mountain Home Photo Seeks

And The Reason Michael Brands Photography, LLC, DBA Mountain Home Photo 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 medical certificate, and who has met certain flight­hour 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, Michael Brands Photography, LLC, DBA Mountain Home Photo

submits that an equivalent level of safety will be maintained because no PIC will be allowed to operate the

DJI Phantom 3 unless that PIC has met certain flight­hour and currency requirements, demonstrating that

the PIC is able to safely operate the DJI Phantom 3 in a manner consistent with the operations

specifications as described in this exemption, including evasive and emergency maneuvers, as well as

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

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Further, Michael Brands Photography, LLC, DBA Mountain Home Photo 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

Michael Brands Photography, LLC, DBA Mountain Home Photo’s business; and (2) will not carry

passengers or property for compensation or hire.

2. Extent Of Relief Michael Brands Photography, LLC, DBA Mountain Home Photo Seeks

And The Reason Michael Brands Photography, LLC, DBA Mountain Home Photo 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 Michael Brands Photography, LLC, DBA Mountain Home Photo to determine that the DJI Phantom 3 is

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

documents (i.e., the Michael Brands Photography, LLC, DBA Mountain Home Photo Aerial Operations

Manual, Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual).

Michael Brands Photography, LLC, DBA Mountain Home Photo seeks the requested relief because

the DJI Phantom 3 does not require an airworthiness certificate in accordance with 14 C.F.R. Part 21,

Subpart H. Therefore, Michael Brands Photography, LLC, DBA Mountain Home Photo will ensure that the

DJI Phantom 3 is in airworthy condition based upon its compliance with the operating documents (i.e.,

Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual) prior to every flight, and further,

determine that the aircraft are in condition for safe flight, as stated in the conditions and limitations below.

3. Extent Of Relief Michael Brands Photography, LLC, DBA Mountain Home Photo Seeks

And The Reason Michael Brands Photography, LLC, DBA Mountain Home Photo Seeks Relief

From Section 91.121.

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

the DJI Phantom 3 UAS, which utilize a barometric pressure sensor, GPS equipment, and a radio

communications telemetry data link to downlink altitude information from the UA to the PIC at the ground

control station (GCS). Since the FAA requires that any altitude information concerning UAS operations be

reported to air traffic control (ATC) in feet above ground level (AGL), Michael Brands Photography, LLC,

DBA Mountain Home Photo seeks the requested relief because the DJI Phantom 3 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 is 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

heads­up display of the GCS.

4. Extent Of Relief Michael Brands Photography, LLC, DBA Mountain Home Photo Seeks

And The Reason Michael Brands Photography, LLC, DBA Mountain Home Photo Seeks Relief

From Section 91.151(b).

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

the extent required to allow flights of the battery powered DJI Phantom 3 UAS during daylight hours in visual

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

Michael Brands Photography, LLC, DBA Mountain Home Photo seeks the requested relief because without

an exemption from Section 91.151(b), the flight time duration of the battery powered DJI Phantom 3 UAS will

severely constrain the practicality of any aerial video or still photo flight operations that Michael Brands

Photography, LLC, DBA Mountain Home Photo proposes to conduct pursuant to this Petition.

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

3 operating documents, and Michael Brands Photography, LLC, DBA Mountain Home Photo’s proposed

operating limitations, ensure that Michael Brands Photography, LLC, DBA Mountain Home Photo will safely

operate the battery powered DJI Phantom 3 during daylight hours in visual meteorological conditions (VMC),

under visual flight rules (VFR), with enough battery power 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.

5. Extent Of Relief Michael Brands Photography, LLC, DBA Mountain Home Photo Seeks

And The Reason Michael Brands Photography, LLC, DBA Mountain Home Photo 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, Michael Brands Photography, LLC, DBA Mountain Home Photo

requests relief from these Sections because the DJI Phantom 3 does not require airworthiness certificates.

As set forth more fully below, the DJI Phantom 3 meets the conditions of FMRA Section 333 for operation

without an airworthiness certificate. Accordingly, Michael Brands Photography, LLC, DBA Mountain Home

Photo 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 documents (i.e., the

Michael Brands Photography, LLC, DBA Mountain Home Photo Aerial Operations Manual, Monthly

Maintenance Log, and DJI Phantom 3 Instruction Manual). Furthermore, Michael Brands Photography, LLC,

DBA Mountain Home Photo will document and maintain all maintenance records for the DJI Phantom 3

UAS.

D. The Reasons Why Granting Michael Brands Photography, LLC, DBA Mountain Home Photo’s

Request Would Be In The Public Interest; And How It Would Benefit The Public As A Whole.

Granting the present Petition will further the public interest by allowing Michael Brands Photography,

LLC, DBA Mountain Home Photo to safely, efficiently, and economically perform aerial video and

photography for wedding films, real estate, special events, search and rescue, and landscape over certain

areas of the United States. Additionally, use of the DJI Phantom 3 UAS will decrease congestion of the NAS,

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

Photography, LLC, DBA Mountain Home Photo’s proposed operation of the DJI Phantom 3 will be realized

without implicating any privacy issues.

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

The DJI Phantom 3 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 would reduce the

amount of manned aircraft in the NAS, reduce noise and air pollution, as well as increase the safety of life

and property in the air and on the ground.

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

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

airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial video and photography

missions would result in fewer aircraft that must be handled by air traffic control during the ground, takeoff,

departure, arrival, and landing phases of flight operations.

2. The Public Will Benefit From The Safety And Efficiency Of The DJI Phantom 3 and DJI

Inspire 1 UASs.

Conducting aerial acquisitions with the DJI Phantom 3 UAS, instead of manned aircraft, will greatly

benefit the public by drastically reducing the levels of air and noise pollution generated during traditional

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

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Phantom 3 produces no air pollution, and is the most viable environmentally conscious alternative to the

cabin class, six cylinder internal combustion engine aircraft that are typically utilized for aerial video and

photography, while burning approximately 20­30 gallons per hour of leaded aviation fuel. The DJI Phantom

3, 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 to perform aerial acquisitions, the substantial risk to life and property in

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

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

onboard the aircraft, the DJI Phantom 3 (weighing approximately 2 pounds 13 ounces at their maximum

gross weights with lengths of 18 inches, widths of 13 inches, and with no fuel on board), has less physical

potential for collateral damage to life and property on the ground, and in the air, compared to the manned

aircraft that typically conduct similar operations (weighing approximately 6,000 pounds with a wingspan of

approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons).

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

Benefit The Economy.

In addition to being safe and efficient, the DJI Phantom 3 is also an economical alternative to using

manned aircraft to conduct similar aerial operations. As such, operation of the DJI Phantom 3 will allow

United States based companies, like Michael Brands Photography, LLC, DBA Mountain Home Photo, 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 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, companies such as Michael Brands Photography, LLC, DBA

Mountain Home Photo, 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, provides a stable

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

companies to invest in research and development in order to remain competitive both in the United States

and abroad.

4. There Are No Privacy Issues.

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

Michael Brands Photography, LLC, DBA Mountain Home Photo’s proposed operation of the DJI Phantom 3

will not implicate any privacy issues. Specifically, the DJI Phantom 3 will be operated only in compliance with

operating documents (i.e., the Michael Brands Photography, LLC, DBA Mountain Home Photo Aerial

Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual) which requires

property owner involvement, and in accordance with the Federal Aviation Regulations, including the

minimum altitude requirements of 14 C.F.R. § 91.119.

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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 Michael Brands Photography, LLC, DBA Mountain Home Photo Seeks Exemption.

1. Reasons Why The DJI Phantom 3 UAS Meets 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, Michael Brands Photography, LLC, DBA Mountain Home Photo’s

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

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

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

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

by section 334 of this Act.

(b) Assessment of Unmanned Aircraft Systems.­­In making the determination under

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

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

weight, speed, operational capability, proximity to airports and populated areas, and

operation within visual line of sight do not create a hazard to users of the national airspace

system or the public or pose a threat to national security; and

(2) whether a certificate of waiver, certificate of authorization, or airworthiness

certification under section 44704 of title 49, United States Code, is required for the

operation of unmanned aircraft systems identified under paragraph (1).

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

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

Secretary shall establish requirements for the safe operation of such aircraft systems in the

national airspace system.

In seeking this exemption, Michael Brands Photography, LLC, DBA Mountain Home Photo submits

that the DJI Phantom 3 can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by:

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

operating limitations.

a. The Specifications Of The DJI Phantom 3 and DJI Inspire 1 UASs

Demonstrate Its Safe Characteristics.

The DJI Phantom 3 does not create a hazard to users of the NAS or the public, or

otherwise pose a threat to national security considering its size, weight, speed, and

operational capability.

i. Technical Specifications Of The DJI Phantom 3 UAS.

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

3 Specifications and Data Sheet, attached hereto as Exhibit A.

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ii. The DJI Phantom 3 Autonomous Flight And Navigation Modes Enable The UASs

To Remain Within A Defined Operational Area. The DJI Phantom 3 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 is provided at pages 11­17 and 40­46 of the DJI

Phantom 3 User Manual, attached hereto as Exhibit B.

iii. The DJI Phantom 3 is designed for Automatic Return To Home Point Or Hover

In The Event Of Loss Of The Control Link Or Navigation. When the Control Link is lost, the

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

the DJI Phantom 3 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 and

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

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

Exhibit B.

iv. The DJI Phantom 3 utilizes technology commonly referred to as geo­fencing.

This technology prevents take­off from, and flying into NAS within 1⁄2 mile of recognized

airports, including the airport located in our primary operating area (Sardy Field, Aspen,

CO).

v. The DJI Phantom 3 And Its Operation. A complete description of the operation

and specifications of the DJI Phantom 3 GCS and flight control software is provided at

pages 23 through 38 of the DJI Phantom 3 User Manual. DJI Phantom 3 User Manual is

attached hereto as Exhibits B.

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

A Certificated Pilot in Command With A Safety Observer. Michael Brands

Photography, LLC, DBA Mountain Home Photo will only utilize certificated pilots

who possess a current and valid airman medical certificate to act as a pilot in

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

pilots during flight time.

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

Operating Limitations. In seeking this exemption, Michael Brands Photography,

LLC, DBA Mountain Home Photo proposes to commercially operate DJI Phantom 3

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 Unmanned Aircraft

Systems. Proposed operations of any other aircraft will require a new petition or a

petition to amend this grant.

2. UAS operations under this exemption will be limited to conducting

operations for the purpose of aerial video and photography.

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

4. The UA must be operated at an altitude of no more than 400 feet above

ground level (AGL), as indicated by the procedures specified in the operating

documents unless a special request is made and approved by ATC. All altitudes

reported to ATC must be in feet AGL.

5. The UAs must be operated within visual line of sight (VLOS) of the PIC

at all times. This requires the PIC to be able to use human vision unaided by any

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device other than corrective lenses, as specified on the PIC’s FAA­issued airman

medical certificate.

6. The use of first person view (FPV) by the PIC or safety observer (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 prescribed in the operating documents.

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

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

and is not permitted to operate the camera or other instruments.

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

accessible during UAS operations and made available to the Administrator upon

request. If a discrepancy exists between the conditions and limitations contained in

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

conditions and limitations contained in the grant of exemption take precedence and

must be followed. Otherwise, the operator must follow the procedures as outlined in

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

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

updated and revised documents to the Administrator upon request. The operator

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

amendment to the grant of exemption. If the operator determines that any update

or revision would affect the basis upon which the FAA granted the exemption, then

the operator must petition for amendment to its grant of exemption. The FAA’s UAS

Integration Office (AFS­80) may be contacted if questions arise regarding updates

or revisions to the operating documents.

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

a condition for safe flight. If the inspection reveals a condition that affects the safe

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

maintenance has been performed and the UAS is found to be in a condition for

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

All maintenance and alterations must be properly documented in the aircraft

records.

11. Any UAS that has undergone maintenance or alterations that affect the

UAS operation or flight characteristics, e.g. replacement of a flight critical

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

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

12. The pre­flight 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

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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 DJI

Safety Bulletins.

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

corrective action taken against discrepancies discovered between inspections.

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

current third­ class medical certificate and or valid US drivers license.

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

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

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

exemption, including evasive and emergency maneuvers and maintaining

appropriate distances from persons, vessels, vehicles and structures. PIC

qualification flight hours must be logged in a manner consistent with 14 C.F.R. §

61.51(b). Flights for the purposes of training the operator’s PICs are permitted

under the terms of the exemption. However, training operations may only be

conducted during dedicated training sessions. During training, proficiency, and

experience­building flights, all persons not essential for flight operations are

considered nonparticipants, and the PIC must operate the UA with appropriate

distance from nonparticipants in accordance with 14 C.F.R. § 91.119.

19. UAS operations may not be conducted during night, as defined in 14

C.F.R. § 1.1. All operations must be conducted under visual meteorological

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

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

rules (SVFR) are not authorized.

20. The UA may not operate within 5 nautical miles of an airport reference

point as denoted on a current FAA­published aeronautical chart unless a letter of

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

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

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

Administrator upon request.

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

2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles

from the PIC.

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

to a predetermined location within the planned operating area and land or be

recovered in accordance with the operating documents.

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. 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.

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

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

have identification (N­ Number) markings in accordance with 14 C.F.R. part 45,

Subpart C. Markings must be as large as practicable.

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

operation and control of the UA must comply with the Federal Communications

Commission (FCC) or other appropriate government oversight agency

requirements.

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

be available to the PIC at the Ground Control Station of the UAS any time the UAS

is operating. These documents must be made available to the Administrator or any

law enforcement official upon request.

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

aviation operations and activities at all times.

30. The UAS may not be operated by the PIC from any moving device or

vehicle.

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

nonparticipating persons (persons other than the PIC, SO, operator trainees or

essential persons), vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect

nonparticipating persons from the UA and/or debris in the event of an

accident. The operator must ensure that nonparticipating persons remain

under such protection. If a situation arises where nonparticipating persons

leave such protection and are within 500 feet of the UA, flight operations

must cease immediately and/or;

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

where the owner/controller of such vessels, vehicles or structures has

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

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

an undue hazard, and; 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, controlled­access

property, or areas with limited vehicular and pedestrian traffic, with

permission from the land owner/controller or authorized representative.

Permission from land owner/controller or authorized representative will be

obtained for each flight to be conducted.

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

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

COA must be reported to the FAA's UAS Integration Office (AFS­80) 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.

Michael Brands Photography, LLC, DBA Mountain Home Photo submits that the equivalent

level of safety established by Section 61.113(a) and (b) will be maintained because no PIC will be

16
allowed to operate the DJI Phantom 3 unless that PIC has demonstrated, by meeting minimum

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

manner consistent with the exemption, including evasive and emergency maneuvers and

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

Considering Michael Brands Photography, LLC, DBA Mountain Home Photo’s proposed

area of operations, and the operating limitations set forth­above; 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, Michael

Brands Photography, LLC, DBA Mountain Home Photo submits that the additional manned

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

skills necessary for Michael Brands Photography, LLC, DBA Mountain Home Photo’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.

11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150,

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

Michael Brands Photography, LLC, DBA Mountain Home Photo will not allow any PIC to

operate the DJI Phantom 3 unless that PIC has demonstrated, by meeting minimum flight­hour

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

safely operate the DJI Phantom 3 UAS in a manner consistent with this exemption, including

evasive and emergency maneuvers and maintaining appropriate distances from people, vessels,

vehicles and structures.

Specifically, the PIC must have accumulated and logged, in a manner consistent with 14

C.F.R. § 61.51(b), 10 hours of UAS flight simulator time and 15 hours of total time as a UAS

rotorcraft pilot (with a minimum of 5 hours of those hours as a UAS pilot operating the same make

and model of UAS to be used for operations under the exemption). In addition to the hour

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

currency purposes).

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

was obtained in compliance with applicable regulations will ensure an equivalent level of safety

during Michael Brands Photography, LLC, DBA Mountain Home Photo’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

multi­rotor 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 multi­rotor 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 flight­hour requirements in

Exemption No. 11062 are appropriate to practice and build proficiency in the skills

necessary to safely conduct the petitioner’s proposed operations. The FAA also finds that

prior documented flight experience that was obtained in compliance with applicable

17
regulations would satisfy this requirement. Training, proficiency, and experience­building

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

time. During training, proficiency, and experience­building 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, Michael Brands Photography, LLC, DBA Mountain

Home Photo will ensure safe operations by not allowing any PIC to operate the DJI Phantom 3 UAS unless

that PIC has demonstrated, by meeting minimum flight­hour and currency requirements, that the PIC is able

to safely operate the DJI Phantom 3 UAS in a manner consistent with the exemption, including evasive and

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

3. Reasons Why An Exemption From The 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, Michael Brands Photography, LLC, DBA Mountain Home Photo will ensure that

the DJI Phantom 3UAS 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 presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065,

11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158,

11159, 11160, 11161).

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

Not Adversely Affect Safety.

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

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

radio communications telemetry data link, which downlinks from the UA to the GCS for active

monitoring of the flight path and altitude. This altitude information, combined with Michael Brands

Photography, LLC, DBA Mountain Home Photo’s operation of the DJI Phantom 3 UAS within visual

line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121.

The altitude information will be generated by GPS equipment installed onboard the aircraft. Prior to

each flight, a zero altitude initiation point is automatically established by the UASs at ground level.

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

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

11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153,

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

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

Would Not Adversely Affect Safety.

A grant of this exemption would ensure an equivalent level of safety established by 14

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

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

operations. Accordingly, Michael Brands Photography, LLC, DBA Mountain Home Photo will ensure

that it will safely operate the battery powered DJI Phantom 3 UAS during daylight hours in VFR

conditions, with enough battery power to fly for a total duration of 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 3UAS;

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

18
ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b). Furthermore,

safety will be ensured as the DJI Phantom 3 UAS provide audible and visual warnings to the PIC at

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

33% remaining battery power, and again at approximately 10% remaining battery power. At the

critically low battery level, the DJI Phantom 3 will descend and land automatically.

Significantly, previous exemptions granted by the FAA concerning Section 91.151 establish

that safety is not adversely affected when the technical characteristics and operating limitations of

the UAS are considered. Relief has been granted for manned aircraft to operate at less than the

minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650.

Moreover, the FAA has previously granted relief from Section 91.151 specific to UAS, in

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

8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110,

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

6. Reasons Why An Exemption From The Requirements Of Sections 91.405(a),

91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would Not Adversely Affect Safety.

In seeking this exemption, Michael Brands Photography, LLC, DBA Mountain Home Photo

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 Michael Brands Photography, LLC, DBA Mountain Home Photo 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

Michael Brands Photography, LLC, DBA Mountain Home Photo Aerial Operations Manual, Monthly

Maintenance Log, and DJI Phantom 3 Instruction Manual). Furthermore, Michael Brands

Photography, LLC, DBA Mountain Home Photo will document and maintain all maintenance records

for the DJI Phantom 3.

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

operating documents, Michael Brands Photography, LLC, DBA Mountain Home Photo will maintain

the equivalent level of safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A

copy of the DJI Phantom 3 User Manuals are attached hereto as Exhibit B; a copy of the DJI

Phantom 3 Maintenance LOG is attached hereto as Exhibit C.

Likewise, the exemption sought will not adversely affect safety because Michael Brands

Photography, LLC, DBA Mountain Home Photo will use trained technicians to perform maintenance,

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

prescribed by the operating documents.

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

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

will be performed by trained technicians. Maintenance will be documented and maintained utilizing

the monthly maintenance log.

Significantly, previous exemptions granted by the FAA concerning Sections 91.405(a),

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not adversely

affected when the technical characteristics and operating limitations of the UAS are considered.

In consideration of Michael Brands Photography, LLC, DBA Mountain Home Photo’s

proposed operating limitations, the operating documents, and the technical aspects of the DJI

Phantom 3 UAS, Michael Brands Photography, LLC, DBA Mountain Home Photo 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.

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

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

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

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

and 14 C.F.R. § 21.16 entitled Special Conditions, Michael Brands Photography, LLC, DBA

Mountain Home Photo requests that the FAA prescribe special conditions for the intended operation

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

necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart

H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1),

91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions will permit safe operation of the

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

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

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

a threat to national security; and further, provides the authority for such UAS to operate without

airworthiness certification in accordance with any requirements that must be established for the safe

operation of the UAS in the NAS.

Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16,

for operation of the DJI Phantom 3, since the airworthiness regulations of 14 C.F.R. Part 21 do not

contain adequate or appropriate safety standards, due to the novel or unusual design features of

the aircraft. Section 21.16, entitled Special Conditions, states the following:

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

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

because of a novel or unusual design feature of the aircraft, aircraft engine or propeller, he

prescribes special conditions and amendments thereto for the product. The special

conditions are issued in accordance with Part 11 of this chapter and contain such safety

standards for the aircraft, aircraft engine or propeller as the FAA finds necessary to

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

See 14 C.F.R. § 21.16.

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

special conditions for Michael Brands Photography, LLC, DBA Mountain Home Photo’s intended operation

of the DJI Phantom 3 UAS, which contain such safety standards that the Administrator finds necessary to

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

Sections 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

Michael Brands Photography, LLC, DBA Mountain Home Photo Seeks Exemption:

Michael Brands Photography, LLC, DBA Mountain Home Photo 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 Michael Brands Photography, LLC,

DBA Mountain Home Photo Seeks:​This exemption will permit Michael Brands Photography, LLC, DBA

Mountain Home Photo to commercially operate an Unmanned Aircraft System (UAS) for the purpose of

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

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

Photography, LLC, DBA Mountain Home Photo’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, Michael Brands Photography, LLC, DBA Mountain Home Photo’s request for exemption may

be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as set forth above.

FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard

to users of the NAS or the public, or otherwise pose a threat to national security; and further, provides the

authority for such UAS to operate without airworthiness certification.

As discussed in detail above, Michael Brands Photography, LLC, DBA Mountain Home Photo will

operate the DJI Phantom 3 UAS safely in the NAS, without creating a hazard to users of the NAS, or the

public, or otherwise pose a threat to national security.

CONCLUSION

As set forth herein, Michael Brands Photography, LLC, DBA Mountain Home Photo seeks an

exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012

(FMRA), which will permit safe operation of the DJI Phantom 3 UAS commercially, without an airworthiness

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

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

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

Michael Brands Photography, LLC, DBA Mountain Home Photo to safely, efficiently, and economically

operate the DJI Phantom 3 UAS commercially within the NAS.

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

Reform Act of 2012, Section 333, Michael Brands Photography, LLC, DBA Mountain Home Photo

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 Michael Brands Photography, LLC, DBA Mountain Home Photo to operate

the DJI Phantom 3 UAS commercially for the purpose of conducting aerial video and photography over

certain areas of the United States.

Dated: 10/21/15

Respectfully Submitted

Michael Brands Photography, Inc

DBA, Mountain Home Photo

________________________________

Michael Brands

Michael Brands Photography, LLC, President

21
114 Aspen Village

Aspen, CO 81611

970­379­1885

EXHIBITS:

A – DJI Phantom 3 Professional Specifications Data Sheet .....................Page 23

B – DJI Phantom 3 Professional Manufacturer’s User Manual..................Page 24

C – Monthly Maintenance Log...........................................................Page 24

Exhibit A, DJI Phantom 3 Specifications Data Sheet

22
Exhibit B, DJI Phantom 3 Users Manual

Link: DJI Phantom 3 User's Manual

23
http://download.dji­innovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual_v1.0

_en.pdf

Exhibit C, Monthly Maintenance Log for DJI Phantom 3

24