5. Extent Of Relief JDS Design Concepts Media Seeks And The Reason 

JDS Design Concepts Media Seeks Relief From 

Sections91.405(a), 

91.407(a)(l), 91.409(a)(l) & (a)(2), And 91.417(a) & (b). 

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

(b) only apply to aircraft with an airworthiness certificate, IDS Design Concepts Media 

requests relief from these Sections because the DJI Phantom 3 UAS does not require 

airworthiness certificates. As set forth more fully below, the DJI Phantom 3 UAS meets 

the conditions of FMRA Section 333 for operation without an airworthiness certificate. 

Accordingly, JDS Design Concepts Media 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 Aerial 

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

Furthermore, IDS Design Concepts Media will document and maintain all maintenance 

records for the DJI Phantom 3 UAS. 

D. The Reasons Why Granting JDS Design Concepts Media 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 JDS 

Design Concepts Media to safely, efficiently, and economically perform aerial video 

and photography for Non-Profit and Community Organizations, as well as, 

pursue revenue for a Small Business in the USA as we provide commercial services 

for Homes and Land for sale, Places of Lodging, Golf Courses, and other commercial 

properties seeking the described services for marketing purposes over certain areas of the 

Lafayette, Louisiana and the surrounding areas. 

Additionally, use of the DJI Phantom 3 UAS will decrease congestion of the NAS and 

reduce pollution, since past aerial photography required large manned 
aircrafts for extended periods of time. Notably, the benefits of JDS Design Concepts 

Media 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 UA 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 (as outlined in Exhibit D). 

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 UA 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 20-30 gallons 

t6 
per hour of leaded aviation fuel. The DJI Phantom 3 UA, 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 UA (weighing approximately 2 pounds 11 ounces and 6 pounds 7.5 

ounces respectively, at their maximum gross weights with lengths of 16 inches and 17.3 

inches respectively, widths of 16 inches and 17.7 inches respectively, and with no fuel on 

board), has less physical potential for collateral damage to life and property on the 

ground, and in the air, compared to the manned aircraft that typically conduct similar 

operations (weighing 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 Non-Profit and Community 

Organizations. IDS Design Concepts Media As stated earlier in this 

petition, provides free services to Non- Profit and Community 

Organization that normally could not afford to have their event or site 

professionally photographed. The community and surrounding areas 

benefits. 

4. 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 is 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 

, IDS Design Concepts Media 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 a IDS Design Concepts 

Media , 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. 

5. There Are No Privacy Issues. 

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

decades, IDS Design Concepts Media 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., the IDS Design Concepts Media 

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

Manual) which requires property owner involvement as well as local law enforcement 

notification, t8 
and in accordance with the Federal Aviation Regulations, including the minimwn 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 JDS Design Concepts Media Seeks 

Exemption. 

1. Reasons Why The DJI Phantom 3 UA Meet The Conditions Of The 

FAA Modernization and Reform Act of2012 (FMRA) Section 333. 

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

with the unmanned aircraft and its operation JDS Design Concepts Media , operation of 

the DJI Phantom 3 UAS meet the conditions ofFMRA 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 oft his Act, the Secretary of 

Transportation shall determine if certain unmanned aircraft systems may 

operate safely in the national airspace .~Jystem before completion of the plan 

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

by section 334 of this Act. 

(b) Assessment of Unmanned Aircraft Syslems.--ln 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 opera/ion within visual line of sight do not 

creale a hazard to users of the national airspace system or !he public 

or pose a threat to national security; and 

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

ainvorthiness certification under section 44704 of title 49, United 

States Code, is required for the operation ofunmcmned 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. 

JDS Design Concepts Media In seeking this exemption, 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 is set forth by the DJI 

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

ii. The DJI Phantom 3 UAS Autonomous Flight And 

Navigation Modes Enable The UAS To Remain Within A 

Defined Operational Area. 

The DJI Phantom 3 UAS may be operated in both manual and fully autonomous 

flight modes. A complete description of the flight and navigational modes of the DJI 

Phantom 3 UAS is provided at pages 25 -32 of the DJI Phantom 3 User Manual, attached 

hereto as Exhibit B. 

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 UA will remain 

20 
stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJl Phantom 3 UA 

does not reacquire control link data from the GCS, the UA will assume that the Control 

Link is lost and the UA 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 27 through 28 of the DJI Phantom 3 User Manual, attached hereto as 

Exhibit B. 

iv. The DJI Phantom 3 GCS And Its Operation. 

A complete description ofthe operation and specifications of the DJI Phantom 3 

GCS and flight control software is provided at pages 32 through 43 of the DJl Phantom 3 

User Manual. DJI Phantom 3 User Manual is attached hereto as Exhibit B. 

b. Flight Operations OfDJI Phantom 3 UAS Arc Limited To The 

Line Of Sight Of A Certificated Pilot in Command With A Safety 

Observer . 

. IDS Design Concepts Media will only utilize certificated pilots who possess a 

current and valid aim1an medical certificate to act as a pilot in command (PIC) of the DJI 

Phantom 3 UAS. Additionally, a safety observer will assist all pilots during flight time. 

And the guidelines exhibited in D, will be followed at all-times ensuring the safety of all 

involved. 

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

Specific Operating Limitations. 

in seeking this exemption, proposes to commercially operate DJI Phantom 3 UAS 

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

Oneida County and surrounding areas, pursuant to the following specific operating 

limitations: 

2.1 
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 maximwn gross weight: DJI Phantom 3 

Unmanned Aircraft System. 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 A TC 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 hwnan vision unaided by 

any device other than corrective lenses, as specified on the PIC's FAA-issued 

airman medical certificate. 

6. The use of first person view (FPV) by the PIC or safety 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 instrwnents. 

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 U AS Integration Office 

(AFS-80) may be contacted if questions arise regarding updates or revisions to 
the operating documents. 

l 0. 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 pre-flight inspection must account for all potential discrepancies, 

e.g. inoperable components, items, or equipment, not already covered in 

the relevant sections of the operating documents. 

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

maintenance, overhaul, replacement, inspection, and life limit 

requirements. 

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

requirements, in accordance with the operating documents. Maintenance, 

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

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

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

returning the UAS to service. 

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

manufacturer Safety Bulletins. 

16. The 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. 

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 experience-building 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. § 

19.1. 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 FAA-published aeronautical chart unless a letter of 

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

conducted in accordance with a NOT AM 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 fli ght 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 U A 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 (NOT AM) 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 A TO 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 

dministrator or any law enforcement official upon request. 

29. IDS Design Concepts Media abides and enforces the safety checklist 

to as exhibited in section D to ensure that we provide safety for everyone 

in and near to the site .. 

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

aviation operations and activities at all times. 

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

vehicle. 

32. Flight operations must be conducted at least 400 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). 

33. All operations shall be conducted over private or controlled-access 

property with permission from the land owner/controller or authorized 

representative. Permission from land owner/controller or authorized 

representative will be obtained for each flight to be conducted. 

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

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

must be reported to the FAA's UAS Integration Office (AFS-80) within 24 

hours. Accidents must be reported to the National Transportation Safety 

Board (NTSB) per instructions contained on the NTSB Web site: 

www.ntsb.go,·. 
2. Reasons Why An Exemption From The Requirements Of Section 

61.113(a) And (b) Would Not Adversely Affect Safety. 

IDS Design Concepts Media submits that the equivalent level of safety established 

by Section 61.1 I 3(a) and (b) will be maintained because no PIC will be allowed to 

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

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

Phantom 3 

UAS in a manner consistent with the exemption, including evasive and emergency 

maneuvers and maintaining appropriate distances from people, vessels, vehicles and 

structures. 

Considering IDS Design Concepts Media proposed area of operations, and the 

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

knowledge requirements to those of commercial pilot requirements (See Exemption No. 

1 I 062); and the airmanship skills necessary to safely operate the DJI Phantom 3 UAS, 

IDS Design Concepts Media submits that the additional manned airmanship experience of 

a commercially certificated pilot would not correlate to the airmanship skills necessary 

for IDS Design Concepts Media 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). 

IDS Design Concepts Media will not allow any PIC to operate the DJI Phantom 3 UAS 

unless that PIC has demonstrated, by meeting minimum flight-hour 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, 
27 

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 oftotal time as a UAS rotorcraftpilot (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 JDS Design Concepts Media proposed operations. The 

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

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

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

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

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

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

a UAS pilot with a multi-rotor UAS. Prior to operations under Exemption No. 

11062, the PIC must also have accumulated and logged a minimum of 5 hours as 

a UAS pilot operating the same make and model ofUAS to be used for 

operations under the exemption. For clarification, the FAA considers these 

minimum hour requirements to be inclusive rather than additive; i.e. 5 hours 

make and model time may be included in the 10 hours of multi-rotor time and the 

10 hours may be included in the total 25 hours ofUAS rotorcraft time. In 

addition to the hour requirements, the PIC must accomplish 3 takeoffs and 

landings in the preceding 90 days (for currency purposes). The FAA finds that at 

a minimum, the flight-hour requirements in Exemption No. 11062 are appropriate 

to practice and build proficiency in the skills necessary to safely conduct the 

petitioner's proposed operations. The FAA also finds that prior documented 

flight experience that was obtained in compliance with applicable regulations 

would satisfy this requirement. Training, proficiency, and experience-building 

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

required flight time. During training, proficiency, and 

experience-building flights the PIC is required to operate the UA with appropriate 
distances in accordance with 14 C.F.R 91.119. 

Exemption No. 111 38 at page 15. 

Accordingly, IDS Design Concepts Media will ensure safe operations by not 

allowing any PIC to operate the DJI Phantom 3 UAS unless that PIC has demonstrated, 

by meeting minimum flight-hour and currency requirements, that the PIC is able to 

safely operate the DJI Phantom 3 UAS in a manner consistent with the 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. 

IDS Design Concepts Media requires a tight set of rules that follow best practices 

and 

FAA requirements and guidelines (Exhibit D). 

The equivalent level of safety established by Section 91 .7(a) will be maintained 

because prior to every flight, plus IDS Design Concepts Media also requires the safety 

checklist in Exhibit D that ensures 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, 

11 112,11136,11138, 11150, 11153, 11156, 111 57, 11158, 111 59, 111 60, 11161). 

4. Reasons Why An Exemption From The Requirements Of Section 

91.121 Would Not Adversely Mfect Safety. 

As outlined in Exhibit D, IDS Design Concepts Media fly's only under a very set rules. 

We believe these rules include and go beyond current FAA guidelines. Therefore, the 

equivalent level of safety established by Section 91.121 will be maintained because the 
2-'1 

altitude information of the DJI Phantom 3 UA will be provided to the PIC via GPS 

equipment and a radio communications telemetry data link, which downlinks from the 

UA to the GCS for active monitoring of the flight path and altitude. This altitude 

information, combined with IDS Design Concepts Media operation of the DJI Phantom 3 

UA within visual line of sight, at or below 400 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, 11 138, 

11150, 11153, 11156, 111 57, 111 58, 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 OJ I 

Phantom 3 UAS; (2) the limitations on the proposed flight operations; and (3) the 

location of the proposed flight operations. Accordingly, IDS Design Concepts Media 

will ensure that it will safely operate the battery powered DJI Phantom 3 UA 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 

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 fust warning occurring at approximately 33% remaining 

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

critically low battery level, the OJI Phantom Vision+ UAS will descend and land 

automatically. 

Significantly, previous exemptions granted by the FAA concerning Section 

9 1.1 51 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, 111 09, 111 10,11136, 111 38, 11150, 11153, 

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

6. Reasons Why An Exemption From The Requirements Of Sections 

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

Would Not Adversely Affect Safety. 

In seeking this exemption, IDS Design Concepts Media 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)(l) & (a)(2), and 91.417(a) & 

(b) will be met because IDS Design Concepts Media 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., the JDS 

Design Concepts Media Aerial Operations Manual, Monthly Maintenance Log, and DJI 

Phantom 3 Instruction Manual). 

Furthermore, JDS Design Concepts Media will document and maintain all maintenance 

records 
'?I 

for the DJI Phantom 3 UAS. 

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

IDS Design Concepts Media will maintain the equivalent level of safety established by 

Sections 91.405(a), 91.409(a)(l), 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 UAS Maintenance 

LOG is attached hereto as Exhibit C. 

Likewise, the exemption sought will not adversely affect safety because JDS 

Design Concepts Media will use trained technicians to perfom1 maintenance, 

alterations or preventive 

Maintenance on the VAS 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)(l), 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 IDS Design Concepts Media proposed operating limitations, 

the operating documents, and the technical aspects of the DJI Phantom 3 UAS, IDS 

Design Concepts Media submits that safety will not be adversely affected by granting 

exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(l) 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, ll066, 11067, 11080, 11109,11110, 11112, 11136, 11138, 11150, 

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

In additional 350 Sky Vision fly only under a tight set of rules which can be found in 

Exhibit D, which ensure the safest operation under any foreseen circumstance. 

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

In accordance with Section 333 ofthe FAA Modernization and Reform Act of 

2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, IDS Design Concepts 

Media 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 2 1, 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)(I ), 

91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions wi!J 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 

32 
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: 

lf 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 OJI 

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)(l), 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 JDS Design Concepts Media Seeks Exemption: 

Horus Aerial Services seeks exemption/rom the requirements of 14 C.F.R Sections 

61.JJ3(a)&(b), 91.7(a), 91.121, 91.15/(b), 91.405(a), 91.407(a)(l), 91.409(a)(1) 

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

A Brief Description Of The Nature Of The Exemption JDS Design Concepts 

Media Seeks: 

This exemption will permit IDS Design Concepts Media to commercially operate 

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

and photography over certain areas of the United States. 

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

JDS Design Concepts Media Request. 

33 
This Petition is made pursuant to the FAA Modernization and Refom1 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, IDS Design Concepts Media 

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, IDS Design Concepts Media will operate the DJI Phantom 

3 UASs safely in the NAS, without creating a hazard to users of the NAS, or the public, or 

otherwise pose a threat to national security. 

34 
CONCLUSION 

As set forth here in, IDS Design Concepts Media seeks an exemption pursuant to 14 C. FR. 

§ 11.6 1 and Section 333 ofthe FAA Modernization and Reform Act ot20 12 (FMRA), 

which will permit safe operation ofthe DJI Phantom 3 UAS commercially, without an 

airworthiness certificate, for the limited purpose of conducting aerial video and 

photography over Lafayette, Louisiana and surrounding area. By granting this Petition, 

the FAA Administrator will be fulfil ling the Congressional mandate ofthe FAA 

Modernization and Reform Act of2012, while also advancing the interests ofthe 

public, by allowing IDS Design Concepts Media to safely, effic iently, and 

economically operate the DJJ Phantom 3 UAS commercially within the NAS. 

WHEREFORE , in accordance with the Federal Aviation Regulations and the 

FAA Modernization and Reform Act of2012, Section 333, IDS Design Concepts 

Media respectfu lly requests that the Administrator grant this Petition for an exemption 

from the requirements of 14 C.F.R Sections 61.l13(a) & (b), 91.7(a), 91. 121, 

91.151 (b), 

9l.405(a), 9 1.407(a)(l), 

91.409(a)(l) & (a)(2), and 9 1.4 17(a) & (b), and permit Leading Edge to operate the DJT 

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

photography over certa in areas of the United States. 

Dated: June 25, 2015 

Respectfully submitted, .Ja:q:flSirnpm Of JDS Design Concepts Media 

JDS Design Concepts 

Joseph Simpson 

114 Ocatahou la Road 

Lafayette, Louisiana 7050 I 

Email: jds269@gmail.com 

3§' 
Exhibits: 

A- DJI Phantom 3 Specifications Data Sheet 

B - DJI Phantom 3 Manufacturer's User Manual 

C - Monthly Maintenance log 

D -Horus Aerial Services On-Site Safety Checklist 

EXHIBIT- A 

DJI PHANTOM 3 TECHNICAL 

SPECIFICATIONS 

JDS Design Concepts Media only utilizes safe and reliable UASs. DJI is an industry 

leader in small UAS production. DJI UASs are loaded with ground breaking software 

enabling the user to set parameters which will not allow flight into controlled airspace. 

Parameters 

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

limit flight to a predetermined and set distance. In addition, DJI software provides realtime altitude and location information to the PIC via the linked monitor (smart 

phone/tablet devices) 

Aircraft 

Remote 

Control 

Range 

Extender 

Supported Battery: DJI 5200mAh LiPo Battery 

Weight (Battery & Propellers included): 1242g 

Hover Accuracy (Ready to Fly): Vertical: 0.8m; Horizontal: 2.Sm 

Max Yaw Angular Velocity; 200°/S 

Max Tiltable Angle: 35° 

Max Ascent I Descent Speed: Ascent: 6m/s; Descent: 2m/s 

Max Flight Speed: lSm/s (Not Recommended) 

Diagonal motor-motor distance: 350mm 

Operating Frequency: 5.728 GHz-5.85 GHz 

Communication Distance (open area): CE Compliance: 400m; FCC 

Compliance: BOOm 

Receiver Sensitivity (1%PER): -93dBm 

Transmitter Power: CE Compliance: 25mW; FCC Compliance: lOOmW 

Working Voltage: 120 mA@3.7V 

Built-in LiPo Battery Working Current/Capacity: 3.7V, 2000mAh 

Operating Frequency: 2412-2462MHz 

Communication Distance (open area): 500-700m 

Transmitter Power: 20dBm 

Power Consumption: 2W 

36