UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

BRADY OSHIRO PHOTOGRAPHY

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS

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

(a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL OPERATION OF DJI Phantom 3 

UNMANNED AIRCRAFT SYSTEMS

 PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012

(PUBLIC LAW 112-95)

Submitted on JAN 27, 2016

Brady Oshiro

95-1058 Kuauli Street Apt 198 

Mililani Hawaii 96789

(808) 778-4343

info@bradyoshiro.com

1
TABLE OF CONTENTS

Page

GLOSSARY OF ABBREVIATIONS ...... .................................................................................... 2

SUMMARY ... ............................................................................................................................ 5

INTRODUCTION AND INTERESTS OF PETITIONER ....... .................................................... 5

BACKGROUND.......................................................................................................................5

BASIS FOR PETITION............................................................................................................6

NAME AND ADDRESS OF PETITIONER...............................................................................8

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH BRADY OSHIRO PHOTOGRAPHY.

SEEKS EXEMPTION...................................................................................................8

THE EXTENT OF RELIEF BRADY OSHIRO PHOTOGRAPHY SEEKS AND THE REASON 

BRADY OSHIRO PHOTOGRAPHY SEEKS THE RELIEF.........................................10

THE REASONS WHY GRANTING BRADY OSHIRO PHOTOGRAPHY’S REQUEST WOULD BE 

IN THE PUBLIC INTEREST ........................................................................13

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY

AFFECT SAFETY.......................................................................................................16

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER...............29

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT 

BRADY OSHIRO REQUES.........T...............................................................29

CONCLUSION........................................................................................................................29

APPENDICES.......................................................................................................31

2
GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

GCS Ground Control Station

GPS Global Positioning System

LOL Loss of Link

NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot In Command

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

333

SO Safety Observer

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site

3
VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing

4
SUMMARY

BRADY OSHIRO PHOTOGRAPHY seeks exemption from the requirements of 14 C.F.R §§ 61.113(a) & 

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

operate an Unmanned Aircraft System pursuant to Section 333 of the FAA Modernization and Reform Act 

of 2012 (FMRA). This exemption will permit BRADY OSHIRO PHOTOGRAPHY. to operate an 

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

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

INTRODUCTION AND INTERESTS OF THE PETITIONER

BRADY OSHIRO PHOTOGRAPHY. provides his clients with photography and video services of 

properties and buildings for the purpose of advertising and promotion. The objective of BRADY OSHIRO 

PHOTOGRAPHY. and his aerial operations is to provide high quality imaging for a variety of commercial, 

public, and residential uses, specifically targeting:

• Wedding Videography

• Real-estate marketing

• Surf Videography

BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 3 UASs

BRADY OSHIRO PHOTOGRAPHY. seeks an exemption to operate DJI systems for compensation or hire 

within the NAS. The DJI Phantom 3 are vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a 

Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. The DJI Phantom 3 has a 

maximum gross weight of 6 pounds 7.5 ounces, a length of 17.3 inches, width of 17.7 inches, height of 

11.8 inches, and a maximum speed of approximately 42 knots. DJI Phantom 3 UAs are equipped with 

four main rotors; driven by Lithium Polymer battery powered electric motors.

5
BASIS FOR PETITION

Petitioner, BRADY OSHIRO PHOTOGRAPHY, 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 UASs in the National Airspace System (NAS), and for an 

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

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

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

aircraft and its operation, BRADY OSHIRO PHOTOGRAPHY. DJI Phantom 3 UASs meets the 

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

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

Accordingly, BRADY OSHIRO PHOTOGRAPHY. 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.

BRADY OSHIRO PHOTOGRAPHY. submits that the requested relief is proper since an equivalent level 

of safety will be ensured. BRADY OSHIRO PHOTOGRAPHY. will use experienced personnel or 

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

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

Log, DJI Phantom 3 Instruction Manual). Furthermore, BRADY OSHIRO PHOTOGRAPHY. will document 

and maintain all maintenance records for the DJI Phantom 3 UASs.

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

limitations: Pilot in command, is requested by BRADY OSHIRO PHOTOGRAPHY. to the extent 

necessary to allow a Pilot in Command (PIC) holding a private pilot or higher level certificate, as well as 

an airman medical certificate, and who has demonstrated, by meeting minimum flight- hour and 

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

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

appropriate distances from people, vessels, vehicles and structures.

6
BRADY OSHIRO PHOTOGRAPHY. seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, 

because the DJI Phantom 3 UASs do not require an airworthiness certificate in accordance with 14 

C.F.R. Part 21, Subpart H. As such, BRADY OSHIRO PHOTOGRAPHY. submits that he will ensure that 

the DJI Phantom 3UASs are in an airworthy condition, prior to every flight, by determining that the UASs 

are in compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 

Instruction Manual), and that the aircraft are in a condition for safe flight. He will utilize the preflight 

instructions provided by DJI to ensure airworthiness checks prior to each flight.

BRADY OSHIRO PHOTOGRAPHY. 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 3UAs 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 

BRADY OSHIRO PHOTOGRAPHY’s operation of the DJI Phantom 3 UASs within visual line of sight, at 

or below 400 feet AGL, will ensure a level of safety equivalent to Section 91.121.

Additionally, BRADY OSHIRO PHOTOGRAPHY. seeks an exemption from the requirements of 

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

PHOTOGRAPHY. 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 14.5 minutes to the first point of 

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

In accordance with 14 C.F.R. § 11.81, BRADY OSHIRO PHOTOGRAPHY. provides the 

following information in support of its petition for exemption:

7
A. Name And Address Of The Petitioner.

The name and address of the Petitioner and point of contact is:

BRADY OSHIRO PHOTOGRAPHY 

ATTN: Brady Oshiro

95-1058 Kuauli Street Apt 198 

Mililani Hawaii 96789

(808) 778-4343

info@bradyoshiro.com

B. The Specific Sections Of 14 C.F.R. From Which BRADY OSHIRO PHOTOGRAPHY. Seeks 

Exemption.

1. BRADY OSHIRO PHOTOGRAPHY 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. BRADY OSHIRO PHOTOGRAPHY. 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. BRADY OSHIRO PHOTOGRAPHY. 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 

8
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. BRADY OSHIRO PHOTOGRAPHY. 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. BRADY OSHIRO PHOTOGRAPHY. 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. BRADY OSHIRO PHOTOGRAPHY. 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. BRADY OSHIRO PHOTOGRAPHY. Seeks Exemption From The Requirements Of 

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

9
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. BRADY OSHIRO PHOTOGRAPHY. Seeks Exemption From The Requirements Of 

Sections 91.417(a) And 91.417(b).

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

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

owner or operator shall keep the following records for the periods specified in paragraph (b) 

of this section:

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

of the 100-hour, annual, progressive, and other required or approved inspections, as 

appropriate, for each aircraft (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 life-limited parts of each airframe, engine, propeller, 

rotor, and appliance.

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

required to be overhauled on a specified time basis.

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

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

10
appliances are maintained.

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

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

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

when the next action is required.

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

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

appliances.

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

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

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

performed.

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

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

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

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

return to service.

C. The Extent Of Relief BRADY OSHIRO PHOTOGRAPHY. Seeks And The Reason 

BRADY OSHIRO PHOTOGRAPHY. Seeks The Relief.

1. Extent Of Relief BRADY OSHIRO PHOTOGRAPHY. Seeks And The Reason BRADY OSHIRO 

PHOTOGRAPHY. 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 flight-hour and currency 

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

This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a private pilot 

may, for compensation or hire, act as PIC of an aircraft in connection with any business or employment if: 

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

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

As set forth more fully below, BRADY OSHIRO PHOTOGRAPHY. 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 flight-hour 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 

11
described in this exemption, including evasive and emergency maneuvers, as well as maintaining 

appropriate distances from people, vessels, vehicles and structures.

Further, BRADY OSHIRO PHOTOGRAPHY. submits that all flights of the DJI Phantom 3 UASs, 

conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to BRADY OSHIRO 

PHOTOGRAPHY’s business; and (2) will not carry passengers or property for compensation or hire.

2. Extent Of Relief BRADY OSHIRO PHOTOGRAPHY. Seeks And The Reason BRADY 

OSHIRO PHOTOGRAPHY. 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 BRADY OSHIRO PHOTOGRAPHY. to determine that the DJI Phantom 3 UASs are in airworthy 

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

(i.e., the BRADY OSHIRO PHOTOGRAPHY. Aerial Operations Manual, Monthly Maintenance Log, and 

DJI Phantom 3 Instruction Manual).

BRADY OSHIRO PHOTOGRAPHY. seeks the requested relief because the DJI Phantom 3 UASs do not 

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

OSHIRO PHOTOGRAPHY. will ensure that the DJI Phantom 3 UASs are in airworthy condition based 

upon its compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 

Instruction Manual) prior to every flight, and further, determine that the aircraft are in condition for safe 

flight, as stated in the conditions and limitations below.

3. Extent Of Relief BRADY OSHIRO PHOTOGRAPHY. Seeks And The Reason BRADY 

OSHIRO PHOTOGRAPHY. 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 UASs, 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), BRADY OSHIRO PHOTOGRAPHY. 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 heads-up display of the GCS.

4. Extent Of Relief BRADY OSHIRO PHOTOGRAPHY. Seeks And The Reason BRADY 

12
OSHIRO PHOTOGRAPHY. 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 14.5 minutes to 

the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 

minutes. BRADY OSHIRO PHOTOGRAPHY. 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 BRADY OSHIRO 

PHOTOGRAPHY. proposes to conduct pursuant to this Petition.

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

Phantom 3 operating documents, and BRADY OSHIRO PHOTOGRAPHY.’s proposed operating 

limitations, ensure that BRADY OSHIRO PHOTOGRAPHY. 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 14.5 minutes to the first point of intended 

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

5. Extent Of Relief BRADY OSHIRO PHOTOGRAPHY. Seeks And The Reason BRADY OSHIRO 

PHOTOGRAPHY. 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, BRADY OSHIRO PHOTOGRAPHY. requests relief from these Sections 

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

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

certificate. Accordingly, BRADY OSHIRO PHOTOGRAPHY. 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 BRADY OSHIRO PHOTOGRAPHY. Aerial 

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

BRADY OSHIRO PHOTOGRAPHY. will document and maintain all maintenance records for the DJI 

Phantom 3 UASs.

D. The Reasons Why Granting BRADY OSHIRO PHOTOGRAPHY. 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 BRADY OSHIRO 

PHOTOGRAPHY. to safely, efficiently, and economically perform aerial video and photography of real 

13
estate, and landscape over certain areas of the United States.

Additionally, use of the DJI Phantom 3 UASs will decrease congestion of the NAS, reduce pollution, and 

provide significant benefits to the economy. Notably, the benefits of BRADY OSHIRO PHOTOGRAPHY’s 

proposed operation of the DJI Phantom 3 UASs 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 UASs.

Conducting aerial acquisitions with the DJI Phantom 3 UASs, 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 UASs produce no air pollution, and is the 

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

engine aircraft that are typically utilized for aerial video and photography, while burning approximately 

20-30 gallons per hour of leaded aviation 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 UASs to perform aerial acquisitions, the substantial risk to life and property 

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

will be 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 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).

14
3. Performing Aerial Video and Photography Operations With The DJI Phantom 3 UASs Will 

Benefit The Economy.

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

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

UASs will allow United States based companies, like BRADY OSHIRO PHOTOGRAPHY, 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 UASs is one such technology that not 

only allows companies greater operational flexibility compared to manned aircraft, but provides such 

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

By operating the DJI Phantom 3 UASs, companies such as BRADY OSHIRO PHOTOGRAPHY, 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 UASs, provides a stable 

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

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

States and abroad.

4. There Are No Privacy Issues.

Similar to the manned aerial acquisition flight operations that have been conducted for many years, BRADY 

OSHIRO PHOTOGRAPHY ’s proposed operation of the DJI Phantom 3 UASs will not implicate any privacy 

issues. Specifically, the DJI Phantom 3 UASs will be operated only in compliance with operating documents 

(i.e., the BRADY OSHIRO PHOTOGRAPHY. Aerial Operations Manual, Monthly Maintenance Log, and DJI 

Phantom 3 Instruction Manual) which requires property owner involvement and permission to videotape/

photograph 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 BRADY OSHIRO PHOTOGRAPHY. 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, BRADY OSHIRO PHOTOGRAPHY ’s operation of the DJI Phantom 3 UASs 

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

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

15
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, BRADY OSHIRO PHOTOGRAPHY. submits that the DJI Phantom 3 UASs can 

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

DJI Phantom 3 UASs;

(b) the pilot certification requirement; and (c) the specific operating limitations.

a. The Specifications Of The DJI Phantom 3 UASs Demonstrate Its Safe Characteristics.

The DJI Phantom 3 UASs do 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 UASs.

16
The technical specifications of the DJI Phantom 3 UASs are set forth by the DJI Phantom 3 User 

Manuals, attached hereto as Appendix A.

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

Remain Within A Defined Operational Area.

The DJI Phantom 3 UASs may be operated in both manual and fully autonomous flight modes. A 

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

pages 12-16 and 45-50 of the DJI Phantom 3 User Manuals, attached hereto as Appendix A and B.

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

Event Of Loss Of The Control Link Or Navigation.

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

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

UAs will assume that the Control Link is lost and the UAs will return to the home position (i.e., failsafe 

mode) via GPS, and will descend to the takeoff position and shutdown.

A complete description of the Failsafe Functions of the DJI Phantom 3 at pages 13 through 15 of the DJI 

Phantom 3 User Manuals, attached hereto as Appendix A and B.

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 40 through 47 of the DJI Phantom 3 User Manual. DJI Phantom 3 User 

Manuals are attached hereto as Appendix A and B.

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

Pilot in Command With A Safety Observer.

BRADY OSHIRO will be the only person to act as a pilot in command (PIC) of the DJI Phantom 3 UASs. 

Additionally, a safety observer will assist in flights.

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

Limitations.

In seeking this exemption, BRADY OSHIRO PHOTOGRAPHY. proposes to commercially operate DJI 

Phantom 3 UASs for the special purpose of conducting aerial video and photography over certain 

areas of United States, pursuant to the following specific operating limitations:

17
1. Operations authorized by this grant of exemption will be limited to the following aircraft 

described in the operating documents, rotorcraft UASs weighing less than 55 pounds 

maximum gross weight: DJI Phantom 3 Unmanned Aircraft Systems. Proposed operations of 

any other aircraft will require a new petition or a petition to amend this grant.

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

purpose of aerial video and photography.

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

4. The UA must be operated at an altitude of no more than 500 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 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 instruments.

18
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 

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

documents.

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

flight. If the inspection reveals a condition that affects the safe operation of the UAS, the 

aircraft is prohibited from operating until the necessary maintenance has been performed and 

the UAS is found to be in a condition for safe flight. The Ground Control Station must be 

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.

19
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 thirdclass 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.

20
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 FAA-published aeronautical chart unless a letter of agreement with that airport’s 

management is obtained, and the operation is conducted in accordance with a NOTAM as 

required by the operator’s COA. The letter of agreement with the airport management must be 

made available to the Administrator upon request.

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

21
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;

22
c. Operations nearer to the PIC, SO, operator trainees or essential persons do 

not present an undue hazard to those persons per § 91.119(a).

32. All operations shall be conducted over private or controlled-access property with 

permission from the land owner/controller or 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 (AFS-80) within 24 hours. Accidents must be reported to the National 

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

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

And (b) Would Not Adversely Affect Safety.

BRADY OSHIRO PHOTOGRAPHY. 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 

UASs unless that PIC has demonstrated, by meeting minimum flight-hour and currency requirements, 

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

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

people, vessels, vehicles and structures.

Considering BRADY OSHIRO PHOTOGRAPHY’s proposed area of operations, and the operating 

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

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

necessary to safely operate the DJI Phantom 3 UAS, BRADY OSHIRO PHOTOGRAPHY. submits that 

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

the airmanship skills necessary for BRADY OSHIRO PHOTOGRAPHY’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).

BRADY OSHIRO PHOTOGRAPHY. 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 

23
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 BRADY 

OSHIRO PHOTOGRAPHY.’s proposed operations. The Administrator has held that prior documented 

flight experience that was obtained in compliance with applicable regulations would ensure safe 

operations, stating as follows:

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

motion picture filming (or similar operations), the PIC must have accumulated and logged, in a 

manner consistent with 14 CFR 61.51(b), 25 hours of total time as a UAS rotorcraft pilot including 

at least 10 hours logged as a UAS pilot with a multi-rotor UAS. Prior to operations under 

Exemption No. 11062, the PIC must also have accumulated and logged a minimum of 5 hours as 

a UAS pilot operating the same make and model of UAS to be used for operations under the 

exemption. For clarification, the FAA considers these minimum hour requirements to be inclusive 

rather than additive; i.e. 5 hours make and model time may be

24
included in the 10 hours of multi-rotor time and the 10 hours may be included in the total 25 hours 

of UAS rotorcraft time. In addition to the hour requirements, the PIC must accomplish 3 takeoffs 

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

the flight-hour requirements in Exemption No. 11062 are appropriate to practice and build 

proficiency in the skills necessary to safely conduct the petitioner’s proposed operations. The FAA 

also finds that prior documented flight experience that was obtained in 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. 11138 at page 15.

Accordingly, BRADY OSHIRO PHOTOGRAPHY. 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.

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

flight, BRADY OSHIRO PHOTOGRAPHY. 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 

25
the flight path and altitude. This altitude information, combined with BRADY OSHIRO 

PHOTOGRAPHY’s operation of the DJI Phantom 3 UAs within visual line of sight, at or below 500 feet 

AGL, will ensure a level of safety equivalent to Section 91.121. The altitude information will be 

generated by GPS equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiation 

point is automatically established by the UASs at ground level.

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

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

11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 

11161).

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

Would Not Adversely Affect Safety.

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

91.151(b) as a result of (1) the technical specifications of the DJI Phantom 3 UASs; (2) the limitations on 

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

BRADY OSHIRO PHOTOGRAPHY. 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 14.5 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 UASs; the limitations 

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

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

Phantom 3 UASs provide audible and visual warnings to the PIC at the GCS when the UAs experiences 

low battery voltage, the first warning occurring at approximately 33% remaining battery power, and again 

at approximately 10% remaining battery power. At the critically low battery level, the DJI Phantom Vision

+ and DJI Phantom 3 UASs 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).

26
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, BRADY OSHIRO PHOTOGRAPHY. 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 BRADY 

OSHIRO PHOTOGRAPHY. will use trained technicians to perform maintenance, alterations, or 

preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the 

operating documents (i.e., the BRADY OSHIRO PHOTOGRAPHY. Aerial Operations Manual, Monthly 

Maintenance Log, and DJI Phantom 3 Instruction Manual). Furthermore, BRADY OSHIRO 

PHOTOGRAPHY. will document and maintain all maintenance records for the DJI Phantom 3 UASs.

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

OSHIRO PHOTOGRAPHY. 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 BRADY OSHIRO 

PHOTOGRAPHY. 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 UASs will be 

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

maintenance log.

Significantly, previous exemptions granted by the FAA concerning Sections 91.405(a), 91.407(a)(1), 

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

technical characteristics and operating limitations of the UAS are considered.

In consideration of BRADY OSHIRO PHOTOGRAPHY.’s proposed operating limitations, the operating 

documents, and the technical aspects of the DJI Phantom 3 UASs, BRADY OSHIRO PHOTOGRAPHY. 

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).

27
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, BRADY OSHIRO PHOTOGRAPHY. requests that the FAA prescribe 

special conditions for the intended operation of the DJI Phantom 3 UASs, which contain such safety 

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

established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 

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 UASs, since the airworthiness regulations of 14 C.F.R. 

Part 21 do not contain adequate or appropriate safety standards, due to the novel or unusual design 

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

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

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

unusual 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 UASs, which contain 

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

that established by 14 C.F.R.

Part 21, Subpart H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 

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

• 

28
A Summary That Can Be Published In The Federal Register, stating: The Rules From Which 

BRADY OSHIRO PHOTOGRAPHY Seeks Exemption:

BRADY OSHIRO PHOTOGRAPHY. 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 BRADY OSHIRO 

PHOTOGRAPHY. Seeks:

This exemption will permit BRADY OSHIRO PHOTOGRAPHY. 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 BRADY OSHIRO 

PHOTOGRAPHY’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, BRADY OSHIRO PHOTOGRAPHY’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, BRADY OSHIRO PHOTOGRAPHY. 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.

CONCLUSION

As set forth herein, BRADY OSHIRO PHOTOGRAPHY. 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 UASs commercially, without an airworthiness certificate, for the limited 

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

29
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 BRADY OSHIRO 

PHOTOGRAPHY. to safely, efficiently, and economically operate the DJI Phantom 3 UASs commercially 

within the NAS.

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

Reform Act of 2012, Section 333, BRADY OSHIRO PHOTOGRAPHY. 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 UASs commercially for the purpose of conducting 

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

Respectfully submitted on June 14, 2015

BRADY OSHIRO PHOTOGRAPHY 

Brady Oshiro

95-1058 Kuauli Street Apt 198 

Mililani Hawaii 96789

(808) 778-4343

info@bradyoshiro.com

30
Appendices:

A – DJI Phantom 3 Manual Specifications Data Sheet

B – Monthly Maintenance Log

C – DJI Phantom Users Guide

APPENDIX – A

DJI Phantom 3 TECHNICAL SPECIFICATIONS

BRADY OSHIRO PHOTOGRAPHY. 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 real-time altitude and location information to the PIC via the 

linked monitor (smart phone/tablet devices)

2. DJI PHANTOM

1. Aircraft

1. Model – Phantom 3

2. Weight (Battery Included) – 1280 grams

3. Hovering Accuracy (GPS Mode) – Vertical: +/- 10cm; Horizontal:

+/-1m

4. Max Angular Velocity –Yaw: 2000/s

5. Max Tilt Angle - 350

6. Max Ascent Speed – 5m/s

7. Max Descent Speed – 3m/s

8. Max Speed – 16m/s (ATTI mode, no wind – NOT RECOMMENDED)

9. Max Flight Altitude – 6000m

10. Max Flight Time – Approximately 23 minutes

12. Motor Model – DJI 3510

13. Propeller Model – DJI 1345

14. Operating Temperature Range – 140F to 1040F (-100C to 400C)

15. Dimensions – 17 1⁄4” x 17 3⁄4” x 12”

31
2. Gimbal

1. Model – ZENMUSE X3

2. Output Power (with camera) – Static: 9W; In Motion: 11W

3. Operating Current – Static: 750mA; In Motion: 900mA

4. Angular Vibration Range - ±0.030

5. Mounting – Detachable

6. Controllable Range – Pitch: -900 to +300; Pan: ±3200

7. Mechanical Range – Pitch: -1250 to 450; Pan: ±3300

8. Max Controllable Speed – Pitch: 1200/s; Pan: 1800/s

3. Camera

1. Name – Sony EXMOR

2. Model – 12.4M Pixel

3. Total Pixels – 12.4M

4. Effective Pixels – 12.76M

5. Image Max Size – 4000x3000

6. ISO Range – 100-3200

7. Field of View - 940

8. CMOS – Sony EXMOR 1/2.3”

9. HD Video Recording – UHD(4K): 4096x2160p24/25, 3840x2160p24/25/30; FHD: 

1920x1080p24/25/30/48/50/60; HD: 1280x720p24/25/30/48/50/60

10. Operating Temperature Range - 320F - 1040F (00C - 400C)

4. Transmitter

1. Name – C1

2. Operating Frequency – 5.728-5.850GHz; 2.400-2.483GHz

3. Communicating Distance (unobstructed) – 2000m

4. Output Power – 9W

5. Operating Temperature Range - 140F to 1040F (-100C to 400C)

6. Battery – 600mAh LiPo 2S

32