October 12, 2015

Attn:

U.S. Department of Transportation Docket Operations

West Building Ground Floor, Room w12­140

1200 New Jersey Ave, SE Washington, DC 20590

RE: JESSE BROWNING PE, PA dba. JESSE BROWNING PE, PA

REQUEST AN EXEMPTION 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 112­95)

Jesse Browning PE

President

Jesse Browning PE, PA dba Jesse Browning PE, PA

4666 Hazelwood Dr

Jackson, MS 39211

601­982­8082 cell­601­594­4702

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TABLE OF CONTENTS

GLOSSARY OF ABBREVIATIONS........................................................................3

SUMMARY......................................................................................................4

INTRODUCTION AND INTERESTS OF THE PETITIONER.......................................4

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

BASIS FOR PETITION.......................................................................................5

A. Name and Address of the Petitioner...................................................................7

B. Specific Sections of 14 CFR from which Jesse Browning PE Seeks Exemption..........7

C. The Extend of Relief Jesse Browning PE Seeks and the Reason Jesse Browning PE

Seeks the Relief...............................................................................................10

D. The Reasons Why Granting Jesse Browning PE’s Request Would Be In The Public

Interest; That Is, How It Would Benefit The Public As A Whole...................................12

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 Jesse Browning PE Seeks Exemption...........................................14

CONCLUSION..................................................................................................26

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GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate of Authorization

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 Airmen

PIC Pilot in Command

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

SO Safety Observer

SOP Standard Operating Procedure

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Sight

VMC Visual Meteorological Conditions

IMC Instrument Meteorological Conditions

VTOL Vertical Takeoff and Landing

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SUMMARY

Jesse Browning PE, PA dba. Jesse Browning PE, PA hereafter referred to as Jesse Browning

PE 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 (DJI Phantom 3 Professional ) pursuant to Section 333 of the FAA

Modernization and Reform Act of 2012 (FMRA). This exemption will permit Jesse Browning PE

to operate a UAS for the commercial purpose of conducting aerial videography and photography

of construction sites, residential and commercial real estate, civil landscapes, aerial surveying

and mapping activities, analysis of agricultural crops and events over certain areas of the Unites

States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

Since 1994, Jesse Browning PE has been providing professional engineering services to clients

over the southeast United States. The services have included the photography and

videography of project sites. In 1999, Jesse Browning PE, President, obtained his airman’s

certificate as a private pilot single engine land and in 2010 obtained the instrument rating. We

intend to expand our offerings of services to include aerial mapping and surveying, site analysis,

project construction before, during and after photos and videos, and photo/video documentation.

In the past these objectives have been supplied by manned aircraft at considerable expense or

by hand held cameras and video equipment. The objective of Jesse Browning PE and our UAS

DJI Phantom 3 aerial operations is to provide a more affordable, high­quality production system

for a variety of governmental, commercial, public, and residential uses specifically targeting:

● Construction Sites Before and After

● Real Estate Marketing

● Commercial Development Marketing

● Civil Landscape Analysis

● Mapping and Surveying

● Agricultural Crop Analysis

● Special Event Coverage

Jesse Browning PE (the PIC, Certificate Number 3404213) has over 350 hours of flight

experience in VMC and IMC conditions and holds the instrument rating as a single engine land

private pilot. I would bring this experience and knowledge of airspace operations in the United

States to safely conduct flight operations of the UAS.

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BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 3, UAS

Jesse Browning PE seeks an exemption to operate the DJI Phantom 3 system for

compensation or hire within the NAS. The DJI Phantom 3 is a VTOL UA with a Ground Control

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

maximum gross weight of 2.8 lb. while having a diagonal dimension of 23.2”, a maximum speed

of approximately 16.4 fps and a maximum ceiling of 400’ AGL. The DJI Phantom 3 is equipped

with four main rotors driven by Lithium Polymer (LiPo) battery powered electric motors. The DJI

Phantom 3 that will be operated by Jesse Browning PE will be registered in accordance with 49

U.S.C. 44103, Registration of Aircraft, as well as 14 CFR Part 47, Aircraft Registration, and

marked in accordance with 14 CFR Part 45, Identification and Registration Marking.

BASIS FOR PETITION

Petitioner, Jesse Browning PE, pursuant to the provisions of the Federal Aviation Regulations

(14 CFR § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333,

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

commercially operate the DJI Phantom 3 UAS in the NAS and for an exemption from the

requirements of 14 CFR §§ 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 limiting operating area associated with the

unmanned aircraft and its operation, Jesse Browning PE’s operation of the DJI Phantom 3 UAS

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

certificate in accordance with 14 CFR part 21, Subpart H.

Accordingly, Jesse Browning PE 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.

Jesse Browning PE submits that the requested relief is proper since an equivalent level of

safety will be ensured. Jesse Browning PE will use experienced personnel or technicians to

perform maintenance, alterations, or preventative maintenance on the UAS using methods,

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

Log, and DJI Phantom 3 User Manual V1.4 ( or the latest version as made available). The

President of Jesse Browning PE is a licensed professional electrical engineer with experience in

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electronics and electrical systems design and maintenance. Furthermore, Jesse Browning PE

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

Relief from certain requirements of Section 61.113(a) and (b), entitled Private Pilot Privileges

and Limitations: Pilot in Command, is requested by Jesse Browning PE to the extent necessary

to allow a PIC holding a private pilot or higher level certificate, as well as an airman medical

certificate, and who has demonstrated, by meeting minimum flight­hour and currency

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

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

appropriate distances from people, vessels, vehicles, and structures as well as maintaining

clearance from controlled airspaces.

Jesse Browning PE seeks relief from Section 91.7(a), entitled Civil Aircraft Airworthiness,

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

CFR Part 21, Subpart H. As such, Jesse Browning PE submits that they will ensure the DJI

Phantom 3 UAS is in an airworthy condition prior to every flight by determining the UAS is in

compliance with the appropriate manufacturer issued operating documents and logs (i.e. DJI

Phantom 3 User Manual V1.4 and the Monthly Maintenance Log), and the aircraft is in a safe

condition for safe flight.

Jesse Browning PE also seeks an exemption from the requirements of Section 91.121, entitled

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

onboard. However, altitude information of the DJI Phantom 3 UAS will be provided to the PIC

via GPS equipment and radio communications telemetry data link, which downloads from the

UA to the GCS for active monitoring of the flight path and altitude. Should this data link become

compromised the DJI Phantom 3 UAS will automatically execute a “Return to Home” feature.

The aircraft will maintain a predetermined altitude, return to the point of takoff and land. This

altitude information, failsafe operation should loss of radio contact occur, combined with Jesse

Browning PE’s operation of the DJI Phantom 3 UAS within VLOS at or below 400 ft AGL will

ensure a level of safety equivalent to 91.121.

Jesse Browning PE seeks an exemption from the requirements of Section 91.151(b), entitled

Fuel Requirements for flight in VFR conditions. Jesse Browning PE submits that safety will not

be affected by operation of the DJI Phantom 3 UAS during daylight hours in VMC under VFR

conditions, with enough battery power to fly for a total duration of approximately 23 minutes.

Battery power indicators are visible to the pilot from the physical aircraft and are sent to the

GCS constantly by radio communications data link for monitoring by the PIC. Visual and

audible warnings of low power are generated automatically by the flight system to warn the PIC

of the condition. Sufficient power is maintained to safely return the UAS to it’s takeoff point.

In accordance with 14 CFR § 11.81, Jesse Browning PE provides the following information in

support of its petition for exemption:

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A. Name and Address of the Petitioner.

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

Jesse Browning PE

President

Jesse Browning PE, PA

4666 Hazelwood Dr

Jackson, MS 39211

601­982­8082 Cell­601­594­4702

jbrowning0411@gmail.com

B. Specific Sections of 14 CFR from which Jesse Browning PE Seeks

Exemption.

1. Jesse Browning PE 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. Jesse Browning PE 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. Jesse Browning PE seeks exemption from the requirements of section 91,121.

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

part:

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(a) Each person operating an aircraft shall maintain the cruising altitude or flight

level of that aircraft, as the case may be, by reference to an altimeter that is set,

when operating­­

(1) Below 18,000 feet MSL, to­­

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

within 100 nautical miles of the aircraft;

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

this section, the current reported altimeter setting of an appropriate available

station; or

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

departure airport or an appropriate altimeter setting available before

departure.

4. Jesse Browning PE 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. Jesse Browning PE seeks exemption from the requirements 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. Jesse Browning PE 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. Jesse Browning PE seeks exemption from the requirements of section 91.409(a)(1) and

91.409(a)(2).

Section 91.409, entitled Inspections, subsection (a), states the following:

(a) Except as provided in paragraph (c) of this section, no person may operate an

aircraft unless, within the preceding 12 calendar months, it has had ­­

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(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. Jesse Browning PE seeks exemption from the requirements of section 91.417(a) and

91.417(b).

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

following:

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

registered owner or operator shall keep the following records for the periods

specified in paragraph (b) of this section:

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

records of the 100­hour, annual, progressive, and other required or

approved inspections, as appropriate, for each aircraft (including the

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

records must include­­

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

work performed; and

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

(iii) The signature, and certificate number of the person approving the aircraft

for return to service.

(2) Records containing the following information:

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

each rotor.

(ii) The current status of life­limited parts of each airframe, engine, propeller,

rotor, and appliance.

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

are required to be overhauled on a specified time basis.

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

last inspection required by the inspection program under which the aircraft

and its appliances are maintained.

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

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

directive number and revision date. If the AD or safety directive involves

recurring action, the time and date when the next action is required.

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

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

propellers, and appliances.

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

prescribed:

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(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 Extend of Relief Jesse Browning PE Seeks and the Reason

Jesse Browning PE Seeks the Relief

1. Extent of relief Jesse Browning PE seeks the relief and the reason Jesse Browning PE

seeks relief from section 61.113(a) and (b).

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

Pilot in command, is requested to the extent necessary to allow a PIC holding a

private pilot or higher level certificate, as well as a current and valid airman medical

certificate, and who has met certain flight­hour and currency requirements, to

conduct the proposed UAS flight operations for compensation or hire.

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

state that a private pilot may, for compensation or hire, act as PIC of an aircraft in

connection with any business or employment if:

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

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

As set forth more fully below, Jesse Browning PE 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 an airmen’s certificate of at least a private pilot,

has met certain flight­hour and currency requirements which demonstrate that the

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

the operations specifications as described in this exemption, including evasive and

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

vessels, vehicles and structures. The pilot of the DJI Phantom 3 UAS will have a

private pilots airman certificate and an instrument rating.

Further, Jesse Browning PE submits that all flights of the DJI Phantom 3 UAS,

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

Jesse Browning PE’s business; and (2) will not carry passengers or property for

compensation or hire.

2. Extent of relief Jesse Browning PE seeks the relief and the reason Jesse Browning PE

seeks relief from section 91.7(a).

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Relief from Section 91.7(a) entitled Civil aircraft airworthiness, is requested to the

extent required to allow Jesse Browning PE to determine that the DJI Phantom 3

UAS are in airworthy condition prior to every flight by ensuring that the UAS is in

compliance with the operating documents (i.e., Jesse Browning PE Aerial

Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 User Manual

V1.4).

Jesse Browning PE seeks the requested relief because the DJI Phantom 3 UAS do

not require an airworthiness certificate in accordance with 14 C.F.R. Part 21,

Subpart H. Therefore, Jesse Browning PE will ensure that the DJI Phantom 3 UAS

is in airworthy condition based upon its compliance with the operating documents

(i.e., Monthly Maintenance Log, and DJI Phantom 3 User Manual V1.4) 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 Jesse Browning PE seeks the relief and the reason Jesse Browning PE

seeks relief from section 91.121.

Relief from Section 91.121, entitled Altimeter Settings, may be required to allow

flight operations of the DJI Phantom 3 UAS, which utilize a barometric pressure

sensor, GPS equipment, and a radio communications telemetry data link to

downlink altitude information from the UA to the PIC at the GCS. Since the FAA

requires that any altitude information concerning UAS operations be reported to

ATC in feet AGL, Jesse Browning PE seeks the requested relief because the DJI

Phantom 3 UA’s altimeter may be set on the ground to zero feet AGL, rather than

the local barometric pressure or field altitude, before each flight.

Considering the limited altitude of the proposed operations, relief from 14 CFR

91.121 is sought to the extent necessary to comply with the applicable conditions

and limitations stated below. As more fully set forth herein, an equivalent level of

safety will be maintained since the DJI Phantom 3 UAS are equipped with a

barometric pressure sensor and GPS equipment, which automatically ensures that

a ground level pressure setting will be established prior to each flight, and provides

the PIC with altitude information of the UA on the heads­up display of the GCS.

4. Extent of relief Jesse Browning PE seeks the relief and the reason Jesse Browning PE

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 VMC, under VFR conditions, for a total

duration of 23 minutes. Jesse Browning PE 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 Jesse Browning PE proposes to conduct

pursuant to this Petition.

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

UAS, the DJI Phantom 3 operating documents, and Jesse Browning PE’s proposed

operating limitations, ensure that Jesse Browning PE will safely operate the battery

powered DJI Phantom 3 UAS during daylight hours in VMC, under VFR conditions,

with enough battery power to fly for a total duration of 23 minutes maintaining an

acceptable margin of reserve battery to enable the aircraft to safely return to its

point of origin.

5. Extent Of Relief Jesse Browning PE Seeks And The Reason Jesse Browning PE 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, Jesse Browning PE requests

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

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

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

certificate. Accordingly, Jesse Browning PE will use trained technicians to perform

maintenance, alterations, or preventive maintenance on the UAS using the

methods, techniques, and practices prescribed in the UAS operating documents

(i.e., the Jesse Browning PE Aerial Operations Manual, Monthly Maintenance Log,

and DJI Phantom 3 Instruction Manual V1.4). Furthermore, Jesse Browning PE will

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

D. The Reasons Why Granting Jesse Browning PE’s 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 Jesse Browning PE to

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

real estate, events and civic landscape, and agricultural crops over certain areas of the United

States.

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

pollution, and provide significant benefits to the economy. Notably, the benefits of Jesse

Browning PE’s proposed operation of the DJI Phantom 3 UAS will be realized without

implicating any privacy issues.

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

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

economical alternative to the manned aircraft traditionally utilized to obtain aerial

imagery. By reducing the amount of manned aircraft needed to perform aerial

acquisitions, an exemption allowing the use of a DJI Phantom 3 UAS would reduce the

12
amount of manned aircraft in the NAS, reduce noise and air pollution, as well as

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

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

airports caused by arriving and departing aircraft will be reduced. The DJI Phantom 3

UAS do not require an airport to takeoff or land. Likewise, a reduction of manned aircraft

conducting aerial video and photography missions would result in fewer aircraft that must

be handled by air traffic control during the ground, takeoff, departure, arrival, and landing

phases of flight operations.

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

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

will greatly benefit the public by drastically reducing the levels of air and noise pollution

generated during traditional aerial video and still photography flight operations. By using

battery power and electric motors, the DJI Phantom 3 UAS produce no air pollution, and

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

internal combustion engine aircraft that are typically utilized for aerial video and

photography, while burning approximately 20­30 gallons per hour of leaded aviation fuel

The DJI Phantom 3 UAS, while reducing the carbon footprint of aerial acquisitions, also

eliminates noise pollution, as the UAS are propelled by battery powered electric motors,

rather than an internal combustion engine. By using the DJI Phantom 3 UAS to perform

aerial acquisitions, the substantial risk to life and property in the air and on the ground,

which is usually associated with traditional manned aircraft flight operations, will be

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

members located onboard the aircraft, the DJI Phantom 3 UAS (weighing approximately

2.8 pounds at their maximum gross weight with diagonal dimension of 23.2 inches, and

with no fuel on board), has less physical potential for collateral damage to life and

property on the ground, and in the air, compared to the manned aircraft that typically

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

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

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

Benefit The Economy.

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

alternative to using manned aircraft to conduct similar aerial operations. As such,

operation of the DJI Phantom 3 UAS will allow United States based companies, like

Jesse Browning PE, 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

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

traditional manned aircraft.

By operating the DJI Phantom 3 UAS, companies such as Jesse Browning PE, 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.

4. There Are No Privacy Issues

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

decades, Jesse Browning PE’s proposed operation of the DJI Phantom 3 UAS will not

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

in compliance with operating documents (i.e., Jesse Browning PE Aerial Operations

Manual, Monthly Maintenance Log, and DJI Phantom 3 User Manual V1.4) which

requires property owner involvement as well as local law enforcement notification, and in

accordance with the Federal Aviation Regulations.

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

Jesse Browning PE 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, Jesse Browning PE’s operation of the DJI

Phantom 3 UAS meet the conditions of FMRA Section 333, and will not require an

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

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

and sets forth requirements for considering whether a UAS will create a hazard to users

of the NAS or the public, or otherwise pose a threat to national security. Specifically,

FMRA Section 333 states the following, in part:

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

14
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, Jesse Browning PE submits that the DJI Phantom 3 UAS can

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

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

the specific operating limitations.

a. The Specifications Of The DJI Phantom 3 UAS Demonstrate Its Safe

Characteristics.

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

public, or otherwise pose a threat to national security considering its size, weight,

speed, and operational capability.

i. Technical Specifications Of The DJI Phantom 3 UAS.

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

DJI Phantom 3 User Manual V1.4, attached hereto as Appendix A.

ii. The DJI Phantom 3 UAS Global Positioning Modes Enable The UAS

To Remain Within A Defined Operational Area.

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

positioning flight modes. A complete description of the flight and

navigational modes of the DJI Phantom 3 UAS is provided at pages 11 of

the DJI Phantom 3 User Manual attached hereto as Appendix A.

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.

15
When the Control Link is lost, the DJI Phantom 3 UAS will remain

stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI

Phantom 3 UAS does not reacquire control link data from the GCS, the

UAS will assume that the Control Link is lost and the will return to the home

position (i.e., failsafe mode) via GPS, and will descend to the takeoff

position and shutdown. A complete description of the Failsafe Functions of

the DJI Phantom 3 UAS are set forth at pages 12 through 14 of the DJI

Phantom 3 User Manual V1.4, attached hereto as Appendix A.

iv. The DJI Phantom 3 GCS And Its Operation.

A complete description of the operation and specifications of the DJI

Phantom 3 GCS and flight control software is provided at pages 23 through

29 of the DJI Phantom 3 User Manual V1.4. DJI Phantom 3 User Manual

V1.4 is attached hereto as Appendix A.

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

A Certificated Pilot in Command With A Safety Observer.

Jesse Browning PE’s licensed pilot staff will be the only persons to act as a pilot in

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

assist him at all times during flight time.

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

Operating Limitations.

In seeking this exemption, Jesse Browning PE proposes to commercially operate

DJI Phantom 3 UAS for the special purpose of conducting aerial video and

photography over certain areas of United States, pursuant to the following specific

operating limitations.

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

following aircraft described in the operating documents, rotorcraft UAS

weighing less than 55 pounds maximum gross weight: DJI Phantom 3

Unmanned Aircraft Systems. Proposed operations of any other aircraft will

require a new petition or a petition to amend this grant.

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

operations for the purpose of aerial video and photography.

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

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

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

operating documents unless a special request is made and approved by

ATC. All altitudes reported to ATC must be in feet AGL.

16
5. The UAS must be operated within visual line of sight (VLOS) of the PIC

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

by any device other than corrective lenses, as specified on the PIC’s

FAA­issued airman medical certificate.

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

not permitted.

7. All operations must utilize a safety observer (SO). The SO may be used

to satisfy the VLOS requirement as long as the PIC always maintains VLOS

capability. The SO and PIC must be able to communicate verbally at all

times. Electronic messaging or texting is not permitted during flight

operations. The PIC must be designated before the flight and cannot

transfer his or her designation for the duration of the flight. The PIC must

ensure that the SO can perform the functions prescribed in the operating

documents.

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

seeing and avoiding other air traffic and other ground based

obstacles/obstructions and is not permitted to operate the camera or other

instruments.

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

during UAS operations and made available to the Administrator upon

request. If a discrepancy exists between the conditions and limitations

contained in the grant of exemption and the procedures outlined in the

operating documents, the conditions and limitations contained in the grant

of exemption take precedence and must be followed. Otherwise, the

operator must follow the procedures as outlined in its operating

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

is the operator’s responsibility to track such revisions and present updated

and revised documents to the Administrator upon request. The operator

must also present updated and revised documents if it petitions for

extension or amendment to the grant of exemption. If the operator

determines that any update or revision would affect the basis upon which

the FAA granted the exemption, then the operator must petition for

amendment to its grant of exemption. The FAA’s UAS Integration Office

(AFS­80) may be contacted if questions arise regarding updates or

revisions to the operating documents.

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

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

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

necessary maintenance has been performed and the UAS is found to be in

17
a condition for safe flight. The GCS must be included in the preflight

inspection. All maintenance and alterations must be properly documented

in the aircraft records.

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

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

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

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

12. The pre­flight inspection must account for all potential discrepancies,

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

the relevant sections of the operating documents.

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

maintenance, overhaul, replacement, inspection, and life limit requirements.

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

keeping requirements, in accordance with the operating documents.

Maintenance, inspection, alterations, and status of replacement/overhaul

component parts must be noted in the aircraft records, including total time

in service, description of work accomplished, and the signature of the

authorized person returning the UAS to service.

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

manufacturer's Safety Bulletins.

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

corrective action taken against discrepancies discovered between

inspections.

17. The PIC must possess at least a 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

18
sessions. During training, proficiency, and experience­building flights, all

persons not essential for flight operations are considered nonparticipants,

and the PIC must operate the UA with appropriate distance from

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

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

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

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

made at the FAA office closest to proposed area of operations. Flights

under special visual flight rules (SVFR) are not authorized.

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

point as denoted on a current FAA­published aeronautical chart unless a

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

operation is conducted in accordance with a NOTAM as required by the

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

be made available to the Administrator upon request.

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

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

miles from the PIC.

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

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

recovered in accordance with the operating documents.

23. The PIC must abort the flight in the event of unpredicted obstacles or

emergencies in accordance with the operating documents.

24. The PIC is prohibited from beginning a flight unless (considering wind

and forecast weather conditions) there is enough power to fly at normal

cruising speed to the intended landing point and land the UA with 25%

battery power remaining.

25. The operator must obtain an Air Traffic Organization (ATO) issued

Certificate of Waiver or Authorization (COA) prior to conducting any

operations under the grant of exemption. This COA will also require the

operator to request a Notice to Airman (NOTAM) not more than 72 hours in

advance, but not less than 48 hours prior to the operation. All operations

shall be conducted in accordance with airspace requirements

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

potential transponder requirements.

19
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 (NNumber) markings in accordance with 14 C.F.R.

part 45, Subpart C. Markings must be as large as practicable.

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

operation and control of the UA must comply with the Federal

Communications Commission (FCC) or other appropriate government

oversight agency requirements.

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

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

UAS is operating. These documents must be made available to the

Administrator or any law enforcement official upon request.

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

aviation operations and activities at all times.

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

vehicle.

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

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

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

a. Barriers or structures are present that sufficiently protect

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

accident. The operator must ensure that nonparticipating persons

remain under such protection. If a situation arises where

nonparticipating persons leave such protection and are within 500

feet of the UA, flight operations must cease immediately and/or;

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

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

granted permission and the PIC has made a safety assessment of

the risk of operating closer to those objects and determined that it

does not present an undue hazard, and;

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

persons do not present an undue hazard to those persons per §

91.119(a).

32. All operations shall be conducted over private or controlled­access

property with permission from the land owner/controller or authorized

representative. Permission from land owner/controller or authorized

representative will be obtained for each flight to be conducted.

20
33. Any incident, accident, or flight operation that transgresses the lateral or

vertical boundaries of the operational area as defined by the applicable

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

24 hours. Accidents must be reported to the National Transportation Safety

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

www.ntsb.gov.

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

(b)Would Not Adversely Affect Safety.

Jesse Browning PE submits that the equivalent level of safety established by Section

61.113(a) and (b) will be maintained because no PIC will be allowed to operate the DJI

Phantom 3 UAS unless that PIC has demonstrated, by meeting minimum flight­hour and

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

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

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

Considering Jesse Browning PE’s proposed area of operations, airman’s certificate as a

private pilot with instrument rating, and the operating limitations set forth­above; the

parallel nature of private pilot aeronautical knowledge requirements to those of

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

necessary to safely operate the DJI Phantom 3 UAS, Jesse Browning PE submits that

the additional manned airmanship experience of a commercially certificated pilot would

not correlate to the airmanship skills necessary for Jesse Browning PE’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).

Jesse Browning PE will not allow any PIC to operate the DJI Phantom 3 UAS unless

that PIC has demonstrated, by meeting minimum flight­hour requirements or the DJI

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

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

evasive and emergency maneuvers and maintaining appropriate distances from people,

vessels, vehicles and structures. Specifically, the PIC must have accumulated and

logged, in a manner consistent with 14 C.F.R. § 61.51(b), 25 hours of total time as a

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

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

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

the preceding 90 days (for currency purposes).

21
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 Jesse Browning PE’s proposed operations. The Administrator has held that

prior documented flight experience that was obtained in compliance with applicable

regulations would ensure safe operations, stating as follows:

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

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

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

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

pilot with a multi­rotor UAS. Prior to operations under Exemption No. 11062, the

PIC must also have accumulated and logged a minimum of 5 hours as a UAS pilot

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

exemption. For clarification, the FAA considers these minimum hour requirement to

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

included in the 10 hours of multi­rotor time and the 10 hours may be included in the

total 25 hours of UAS rotorcraft time. In addition to the hour requirements, the PIC

must accomplish 3 takeoffs and landings in the preceding 90 days (for currency

purposes). The FAA finds that at a minimum, the flight­hour requirements in

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

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

FAA also finds that prior documented flight experience that was obtained in

compliance with applicable regulations would satisfy this requirement. Training,

proficiency, and experience­building flights can also be conducted under the grant

of exemption to accomplish the required flight time. During training, proficiency,

and experience­building flights the PIC is required to operate the UA with

appropriate distances in accordance with 14 C.F.R 91.119.

Exemption No. 11138 at page 15.

Accordingly, Jesse Browning PE will ensure safe operations by not allowing any

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

meeting minimum flight­hour and currency requirements, that the PIC is able to

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

including evasive and emergency maneuvers and maintaining appropriate

distances from people, vessels, vehicles and structures.

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

Not Adversely Affect Safety.

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

prior to every flight, Jesse Browning PE will ensure that the DJI Phantom 3 UAS is in an

22
airworthy condition based upon the UAS’s compliance with its operating documents and

as stated in the conditions and limitations herein.

Additionally, the FAA has previously granted relief from Section 91.7(a) specific to UAS,

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

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

11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

4. Reasons Why An Exemption From The Requirements Of Section 91.121 Would Not

Adversely Affect Safety.

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

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

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

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

combined with Jesse Browning PE’s operation of the DJI Phantom 3 UAS within visual

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

91.121. The altitude information will be generated by GPS equipment installed onboard

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

by the UAS at ground level.

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

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

Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138,

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

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

Not Adversely Affect Safety.

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

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

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

of the proposed flight operations. Accordingly, Jesse Browning PE will ensure that it will

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

conditions, with enough battery power to fly for a total duration of 23 minutes.

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

UAS; the limitations on the proposed flight operations; and the location of the proposed

operations, will ensure an equivalent level of safety established by 14 C.F.R. Section

91.151(b). Furthermore,

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

the PIC at the GCS when the UAS experiences low battery voltage, the first warning

occurring at approximately 33% remaining battery power, and again at approximately

23
10% remaining battery power. At the critically low battery level, the DJI Phantom 3 UAS

will descend and land automatically.

Significantly, previous exemptions granted by the FAA concerning Section 91.151

establish that safety is not adversely affected when the technical characteristics and

operating limitations of the UAS are considered. Relief has been granted for manned

aircraft to operate at less than the minimums prescribed in Section 91.151, including

Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted

relief from Section 91.151 specific to UAS, in circumstances similar, in all material

respects, to those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042,

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

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

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

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

Safety.

In seeking this exemption, Jesse Browning PE 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 Jesse Browning PE 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., Jesse Browning PE Aerial

Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 User Manual V1.4).

Furthermore, Jesse Browning PE will document and maintain all maintenance records

for the DJI Phantom 3 UAS.

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

documents, Jesse Browning PE 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 Jesse Browning

PE will use trained technicians to perform maintenance, alterations or preventive

maintenance on the UAS using the methods, techniques, and practices prescribed by

the operating documents.

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

established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of

the DJI Phantom 3 UAS will be performed by trained technicians. Maintenance will be

documented and maintained utilizing the monthly maintenance log.

24
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 Jesse Browning PE’s proposed operating limitations, the operating

documents, and the technical aspects of the DJI Phantom 3 UAS, Jesse Browning PE

submits that safety will not be adversely affected by granting exemption from 14 C.F.R.

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

FAA has previously granted relief specific to UAS in circumstances similar, in all material

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

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

11157, 11158, 11159, 11160, 11161).

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

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

(FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, Jesse Browning PE requests

that the FAA prescribe special conditions for the intended operation of the DJI Phantom

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

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

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

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

operation of the UAS for the limited purpose of conducting aerial video and photography

over certain areas of the United States for compensation or hire. FMRA Section 333 sets

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

NAS or the public, or otherwise pose a threat to national

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

airworthiness certification in accordance with any requirements that must be established

for the safe operation of the UAS in the NAS.

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

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

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

novel or unusual design features of the aircraft. Section 21.16, entitled Special

Conditions, states the following:

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

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

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

engine or propeller, he prescribes special conditions and amendments thereto for

the product. The special conditions are issued in accordance with Part 11 of this

chapter and contain such safety standards for the aircraft, aircraft engine or

25
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 Jesse Browning PE’s intended operation of the DJI

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

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

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

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

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

Rules From Which Jesse Browning PE Seeks Exemption:

Jesse Browning PE 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 Jesse Browning PE

Seeks:

This exemption will permit Jesse Browning PE 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

Jesse Browning PE’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, Jesse Browning PE’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, Jesse

Browning PE will operate the DJI Phantom 3 UAS safely in the NAS, without creating a

hazard to users of the NAS, or the public, or otherwise pose a threat to national security.

CONCLUSION

26
As set forth herein, Jesse Browning PE seeks an exemption pursuant to 14 C.F.R. § 11.61 and

Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe

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

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

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

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

of the public, by allowing Jesse Browning PE to safely, efficiently, and economically operate the

DJI Phantom 3 UAS commercially within the NAS.

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

Modernization and Reform Act of 2012, Section 333, Jesse Browning PE 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 Jesse Browning PE to operate the DJI

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

certain areas of the United States.

Dated: October 12, 2015

Respectfully submitted,

Jesse Browning PE

President

Jesse Browning PE, PA dba Jesse Browning PE,PA

4666 Hazelwood Dr

Jackson, MS 39211

601­982­8082 Cell­601­594­4702

jbrowning0411@gmail.com

Appendices:

A – Link to DJI Phantom 3 Manual: Click on link below

http://download.dji­innovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_

Manual_v1.4_en_0915.pdf

B – Jesse Browning PE DJI Phantom 3 UAS Preflight Checklist

27
Appendix B

DJI Phantom 3 UAS Pre­Flight Checklist

● Phantom & R/C battery fully charged

● Tablet / Smart Phone

● Reset or Remove running apps

● Set to “Do Not Disturb”

● Propellers installed and tightened

● Remove gimbal lock

● Gimbal not obstructed (grass)

● Tablet volume & luminosity to MAX

● Tablet « Do Not Disturb » Mode

● Tablet to R/C cable attached

● Tablet Wifi & BT OFF

● R/C ON

● R/C in P­Mode

● Phantom ON

● Launch DJI Pilot app

● Launch DJI Pilot app

Check values :

● Compass status

● IMU values (0, 1, 1400­1600)

● Gain values

● Max height

● RTH height (depends on flight

location)

● R/C EXP & Gain (0,5­0,4­0,5)

● VPS ON (if indoor flight)

● Satellite status

● Format SD card

● Camera settings (LOG, video size, ...)

● Gimbal configuration (1, 2 or 3)

● CHECK HOME POINT

● CHECK BATTERY STATUS (Cells)

● Takeoff

● Hover 30 seconds & check stability

Aircraft Status Lights

28
RC LED Status

29