January 10, 2016

U.S. Department of Transportation

Docket Operations

West Building Ground Floor, Room W12­140

1200 New Jersey Avenue, SE

Washington, DC 20590.

To Whom It May Concern;

Petitioner, EXOS AERIAL IMAGING, 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, UAS in the National Airspace System (NAS), and for an exemption from the

requirements of 14 C.F.R §§ 61.51 (b), 61.113(a), (b), (d), (e), 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).

Background

EXOS AERIAL IMAGING was founded by Michael Rhine and Quinn Poland on August 15

th

, 2015, in

order to start an aerial photography and video business to serve Salem and the surrounding areas of

Oregon with aerial video and photographs for businesses, events, and agriculture. Michael Rhine has over

8 years of experience in photography and video, as well as experience in the operation of Unmanned

Aerial Vehicles and relating technology. Quinn Poland specializes in business management and marketing

with an emphasis in real estate, as well as experience in the operation of Unmanned Aerial Vehicles.

The objective of EXOS AERIAL IMAGING and our Unmanned Aircraft System (DJI Phantom 3

Advanced) aerial operations is to provide an affordable, high­quality production system for a variety of

commercial, public, and residential uses, specifically targeting wineries, real estate, schools, and events,

in Salem and surrounding areas of Oregon. EXOS AERIAL IMAGING seeks relief from these rules in

order to be able to sell video and photos commercially to be self sustaining as a business, as well as being

able to provide an important service to the clients of Salem and surrounding areas.

We, Michael Rhine and Quinn Poland, have flown micro­UAV quadcopters (Hubsan X4 H107C 4

Channel 2.4GHz RC) for over a year and a medium sized DJI Phantom 3 Advanced for 6 months without

injury to ourselves or others and their property.

Petition

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

aircraft and its operation, EXOS AERIAL IMAGING operation of DJI Phantom 3 UAS meets the

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

with 14 C.F.R. Part 21, Subpart H. Accordingly, EXOS AERIAL IMAGING 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. EXOS AERIAL
IMAGING submits that the requested relief is proper since an equivalent level of safety will be ensured.

EXOS AERIAL IMAGING will use experienced personnel or technicians to perform maintenance,

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

prescribed in the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Instruction

Manual). Furthermore, EXOS AERIAL IMAGING will document and maintain all maintenance records

for the DJI Phantom 3 UAS. Relief from certain requirements of Section 61.113(a) and (b), entitled

Private pilot privileges and limitations: Pilot in command, is requested by EXOS AERIAL IMAGING 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 flighthour and

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

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

from people, vessels, vehicles and structures. EXOS AERIAL IMAGING seeks relief from Section

91.7(a), entitled Civil aircraft airworthiness, because the DJI Phantom 3 UAS do not require an

airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, EXOS AERIAL

IMAGING submits that they will ensure that the DJI Phantom 3 UAS is in an airworthy condition, prior

to every flight, by determining that the UAS are in compliance with the operating documents (i.e.,

Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual), and that the aircraft are in a

condition for safe flight. 6 EXOS AERIAL IMAGING 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 to the PIC

via Global Positioning System (GPS) equipment and radio communications telemetry data link, which

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

combined with EXOS AERIAL IMAGING 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,

EXOS AERIAL IMAGING seeks an exemption from the requirements of Section 91.151(b), entitled Fuel

requirements for flight in VFR conditions. EXOS AERIAL IMAGING submits that safety will not be

affected by operation of the DJI Phantom 3 UAS during daylight hours in visual meteorological

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

approximately 23 minutes. Battery power indicators are also able to show exactly how much battery

power is left, as well as how much time is needed to return safely back to point of take off. In accordance

with 14 C.F.R. § 11.81, EXOS AERIAL IMAGING provides the following information in support of its

petition for exemption:

B. The Specific Sections Of 14 C.F.R. From Which EXOS AERIAL IMAGING Seeks Exemption.

1. EXOS AERIAL IMAGING 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. EXOS AERIAL IMAGING 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. EXOS AERIAL IMAGING 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.

4. EXOS AERIAL IMAGING 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. EXOS AERIAL IMAGING 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. EXOS AERIAL IMAGING 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. EXOS AERIAL IMAGING 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. EXOS AERIAL IMAGING 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

(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.

The Extent Of Relief EXOS AERIAL IMAGING Seeks And The Reason EXOS AERIAL IMAGING

Seeks The Relief.

1. Extent Of Relief EXOS AERIAL IMAGING Seeks And The Reason EXOS AERIAL IMAGING

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, EXOS AERIAL IMAGING submits that an equivalent level of safety will

be maintained because no PIC will be allowed to operate the DJI Phantom 3 UAS unless that PIC has met

certain flight­hour and currency requirements, demonstrating that the PIC is able to safely operate either

the DJI Phantom 3 UAS in a manner consistent with the operations specifications as described in this

exemption, including evasive and emergency maneuvers, as well as maintaining appropriate distances

from people, vessels, vehicles and structures.

Further, EXOS AERIAL IMAGING submits that all flights of the DJI Phantom 3 UAS, conducted by the

PIC pursuant to the grant of this Petition: (1) will be incidental to EXOS AERIAL IMAGING’s business;

and (2) will not carry passengers or property for compensation or hire.

2. Extent Of Relief EXOS AERIAL IMAGING Seeks And The Reason EXOS AERIAL IMAGING

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 EXOS AERIAL IMAGING to determine that the DJI Phantom 3 UAS are in airworthy condition

prior to every flight by ensuring that the UAS is in compliance with the operating documents (i.e., EXOS

AERIAL IMAGING Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3

Instruction Manual).

EXOS AERIAL IMAGING seeks the requested relief because the DJI Phantom 3 UAS do not require an

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

IMAGING will ensure that the DJI Phantom 3 UAS are in airworthy condition based upon its compliance

with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3) 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 EXOS AERIAL IMAGING Seeks And The Reason EXOS AERIAL IMAGING

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), EXOS AERIAL

IMAGING seeks the requested relief because the DJI Phantom 3 UA’s altimeter may be set on the ground

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

Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is sought to the

extent necessary to comply with the applicable conditions and limitations stated below. As more fully set

forth herein, an equivalent level of safety will be maintained since the DJI Phantom 3 UAS are equipped

with a barometric pressure sensor and GPS equipment, which automatically ensures that a ground level
pressure setting will be established prior to each flight, and provides the PIC with altitude information of

the UA on the heads­up display of the GCS.

4. Extent Of Relief EXOS AERIAL IMAGING Seeks And The Reason EXOS AERIAL IMAGING

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 23

minutes. EXOS AERIAL IMAGING 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 EXOS AERIAL

IMAGING proposes to conduct pursuant to this Petition.

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

3 operating documents, and EXOS AERIAL IMAGING’s proposed operating limitations, ensure that

EXOS AERIAL IMAGING will safely operate the battery powered DJI Phantom 3 UAS during daylight

hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery

power to fly for a total duration of 23 minutes.

5. Extent Of Relief EXOS AERIAL IMAGING Seeks And The Reason EXOS AERIAL IMAGING

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, EXOS AERIAL IMAGING requests relief from these Sections because

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

Phantom 3 UAS meet the conditions of FMRA Section 333 for operation without an airworthiness

certificate. Accordingly, EXOS AERIAL IMAGING will use trained technicians to perform maintenance,

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

prescribed in the UAS operating documents (i.e., EXOS AERIAL IMAGING Aerial Operations Manual,

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

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

D. The Reasons Why Granting EXOS AERIAL IMAGING Request Would Be In The Public Interest;

That Is, How It Would Benefit The Public As A Whole.

Granting the present Petition will further the public interest by allowing EXOS AERIAL IMAGING to

safely, efficiently, and economically perform aerial video and photography of construction sites, real

estate, events and civic 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 EXOS AERIAL IMAGING’s

proposed operation of the DJI Phantom 3 UAS will be realized without implicating any privacy issues.

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

The DJI Phantom 3 UAS are battery powered and serve as a safe, efficient, and economical alternative to

the manned aircraft traditionally utilized to obtain aerial imagery. By reducing the amount of manned
aircraft needed to perform aerial acquisitions, an exemption allowing the use of a DJI Phantom 3 UAS

would reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as well as

increase the safety of life and property in the air and on the ground.

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

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

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

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

ground, takeoff, departure, arrival, and landing phases of flight operations.

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

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

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

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

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

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

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

Phantom 3 UAS, while reducing the carbon footprint of aerial acquisitions, also eliminates noise

pollution, as the UAS are propelled by battery powered electric motors, rather than an internal combustion

engine.

By using the DJI Phantom 3 UAS 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 UAS (weighing approximately 2.8 pounds at their

maximum gross weight with diagonal dimension of 23.2 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 UAS Will Benefit The

Economy.

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

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

allow United States based companies, like EXOS AERIAL IMAGING, 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 EXOS AERIAL IMAGING, can remain

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

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

companies, through commercial use of the DJI Phantom 3 UAS, provides a stable workforce that

increases consumer spending; improves local, state, and federal tax revenues; and allows companies to
invest in research and development in order to remain competitive both in the United States and abroad.

By granting a 333 exemption to EXOS AERIAL IMAGING , the public will benefit by being able to

purchase video and photo of their establishments for their promotion and advertisements, which will then

increase their revenue through quality videos and photos of their establishments and properties.

4. There Are No Privacy Issues.

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

AERIAL IMAGING’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 compliance with operating

documents (i.e., EXOS AERIAL IMAGING Aerial Operations Manual, Monthly Maintenance Log, and

DJI Phantom 3 Instruction Manual) which requires property owner involvement as well as local law

enforcement notification, and in accordance with the Federal Aviation Regulations, including the

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

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

Exemption Would Provide A Level Of Safety At Least Equal To That Provided By The Rule From Which

EXOS AERIAL IMAGING Seeks Exemption.

1. Reasons Why The DJI Phantom 3 UAS Meet The Conditions Of The FAA Modernization and Reform

Act of 2012 (FMRA) Section 333.

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

aircraft and its operation, EXOS AERIAL IMAGING’s operation of the DJI Phantom 3 UAS meet the

conditions of FMRA Section 333, and will not require an airworthiness certificate in accordance with 14

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

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

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

otherwise pose a threat to national security. Specifically, FMRA Section 333 states the following, in part:

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

the date of enactment of this 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, EXOS AERIAL IMAGING 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 Safe Characteristics.

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

threat to national security considering its size, weight, speed, and operational capability.

i. Technical Specifications Of The DJI Phantom 3 UAS.

The technical specifications of the DJI Phantom 3 UAS are set forth by the DJI Phantom 3 User Manual,

attached hereto as a PDF file.

ii. The DJI Phantom 3 UAS Global Positioning Modes Enable The UAS To Remain Within A Defined

Operational Area.

The DJI Phantom 3 UAS may be operated in both manual and global positioning flight modes. A

complete description of the flight and navigational modes of the DJI Phantom 3 UAS is provided at pages

11 of the DJI Phantom 3 User Manual attached hereto as a PDF file.

iii. The DJI Phantom 3 UAS Are Designed For Automatic Return To Home Point Or Hover In The Event

Of Loss Of The Control Link Or Navigation.

When the Control Link is lost, the DJI Phantom 3 UAS will remain stationary, in flight, for 3 seconds or

more. If, after 3 seconds, the DJI Phantom 3 UAS does not reacquire control link data from the GCS, the

UAS will assume that the Control Link is lost and the 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 Manual, attached hereto as a PDF file.

iv. The DJI Phantom 3 GCS 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 29 of the DJI Phantom 3 User Manual. DJI Phantom 3 User

Manual is attached hereto as a PDF file.

b. Flight Operations Of DJI Phantom 3 UAS Is Limited To The Line Of Sight Of A Certificated Pilot in

Command With A Safety Observer.

EXOS AERIAL IMAGING video production staff will be the only persons to act as a pilot in command

(PIC) of the DJI Phantom 3 UAS. Additionally, a safety observer will assist him at all times during flight

time.

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

In seeking this exemption, EXOS AERIAL IMAGING proposes to commercially operate DJI Phantom 3

UAS 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 UAS weighing less than 55 pounds maximum gross weight: DJI

Phantom 3 Unmanned Aircraft Systems. Proposed operations of any other aircraft will require a new

petition or a petition to amend this grant.

2. UAS operations under this exemption will be limited to 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 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 be noted in the aircraft records, including total time in
service, description of work accomplished, and the signature of the authorized person returning the UAS

to service.

15. Each UAS operated under this exemption must comply with all manufacturer's 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 current third­ class medical certificate.

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

criteria and demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS

will be operated under the exemption, including evasive 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. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or

Authorization (COA) prior to conducting any operations under the grant of exemption. This COA will

also require the operator to request a Notice to Airman (NOTAM) not more than 72 hours in advance, but

not less than 48 hours prior to the operation. All operations shall be conducted in accordance with

airspace requirements in the ATO issued COA including class of airspace, altitude level and potential

transponder requirements.

26. All aircraft operated in accordance with the exemption must be identified by serial number, registered

in accordance with 14 C.F.R. part 47, and have identification (N­ Number) markings in accordance with

14 C.F.R. part 45, Subpart C. Markings must be as large as practicable.
27. Before conducting operations, the radio frequency spectrum used for 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 or controlled­access property with permission from the

landowner/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.

EXOS AERIAL IMAGING submits that the equivalent level of safety established by Section 61.113(a)

and (b) will be maintained because no PIC will be allowed to operate the DJI Phantom 3 UAS unless that

PIC has demonstrated, by meeting minimum 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.

Considering EXOS AERIAL IMAGING’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 UAS, EXOS AERIAL IMAGING submits that the additional manned

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

necessary for EXOS AERIAL IMAGING’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).

EXOS AERIAL IMAGING will not allow any PIC to operate the DJI Phantom 3 UAS 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), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5 hours of those hours as a

UAS pilot operating the same make and model of UAS to be used for operations under the exemption). In

addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90

days (for currency purposes).

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

compliance with applicable regulations will ensure an equivalent level of safety during EXOS AERIAL

IMAGING’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 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, EXOS AERIAL IMAGING 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, EXOS AERIAL IMAGING will ensure that the DJI Phantom 3 UAS is in an airworthy condition

based upon the UAS’s compliance with its operating documents and as stated in the conditions and

limitations herein.

Additionally, the FAA has previously granted relief from Section 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 EXOS AERIAL IMAGING’s

operation of the DJI Phantom 3 UAS within visual line of sight, at or below 500 feet AGL, will ensure a

level of safety equivalent to Section 91.121. The altitude information will be generated by GPS equipment

installed onboard the aircraft. Prior to each flight, a zero altitude initiation point is automatically

established by the UAS at ground level.

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

all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 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, EXOS

AERIAL IMAGING 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 23

minutes.

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 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

UAS will descend and land automatically.

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

not adversely affected when the technical characteristics and operating limitations of the UAS are
considered. Relief has been granted for manned aircraft to operate at less than the 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, EXOS AERIAL IMAGING 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 EXOS AERIAL IMAGING

will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS

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

IMAGING Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Instruction

Manual). Furthermore, EXOS AERIAL IMAGING will document and maintain all maintenance records

for the DJI Phantom 3 UAS.

Since the DJI Phantom 3 UAS will be inspected as prescribed by the operating documents, EXOS

AERIAL IMAGING 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

Appendix A and B; a copy of the DJI Phantom 3 UAS Maintenance LOG is attached hereto as Appendix

C.

Likewise, the exemption sought will not adversely affect safety because EXOS AERIAL IMAGING 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 EXOS AERIAL IMAGING’s proposed operating limitations, the operating

documents, and the technical aspects of the DJI Phantom 3 UAS, EXOS AERIAL IMAGING 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,

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, EXOS AERIAL IMAGING 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 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 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 Leading Edge’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).

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

Which EXOS AERIAL IMAGING Seeks Exemption:

EXOS AERIAL IMAGING 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 EXOS AERIAL IMAGING Seeks:

This exemption will permit EXOS AERIAL IMAGING to commercially operate an Unmanned Aircraft

System (UAS) for the purpose of conducting aerial video and photography over certain areas of the

United States.

• Any Additional Information, Views, Or Arguments Available To Support EXOS

AERIAL IMAGING’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, EXOS AERIAL IMAGING’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, EXOS AERIAL IMAGING 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, EXOS AERIAL IMAGING 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

EXOS AERIAL IMAGING 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, EXOS AERIAL IMAGING respectfully requests that the

Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections 61.113(a)

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

and permit Leading Edge to operate the DJI Phantom 3 UAS commercially for the purpose of conducting

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

Thank you for your support,

eXos Aerial Imaging LLC

(503) 508­5405

exosaerialimaging@gmail.com

1414 37th Avenue, Salem, OR 97304, United States of America