UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION

ADMINISTRATION WASHINGTON, DC

Regulatory Docket No. _

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

SAMUEL H. NOWDEN

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS 

91.7(a), 91.119 (b) & (c), 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 PROFESSIONAL ROTORCRAFT & THE DJI INSPIRE-1 

ROTORCRAFT UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 

333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012

Submitted on October 28, 2015

SAMUEL	H.	NOWDEN	

28	BASSETT	ST.	#133

SAN	JOSE,	CA.	95110

408-309-3195

SLYSAM@EARTHLINK.NET
2

TABLE OF CONTENTS

Page

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

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

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

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

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

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

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH SAMUEL H NOWDEN

 SEEKS EXEMPTION .......................................................................................................... 9

THE EXTENT OF RELIEF SAMUEL H NOWDEN SEEKS AND THE REASON

SAMUEL H NOWDEN SEEKS THE RELIEF..................................................14

THE REASONS WHY GRANTING SAMUEL H NOWDEN’SREQUEST

WOULD BE IN THE PUBLIC INTEREST........................................................................ 18
3

THE REASONS WHY GRANTING THE EXEMPTION WOULDNOT

ADVERSELY AFFECT SAFETY .....................................................................................21

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER .................35

ADDITIONAL INFORMATION, VIEWS, ORARGUMENTS

AVAILABLE TO SUPPORT SAMUEL H NOWDEN’S REQUEST.............................35

CONCLUSION .......................................................................................................................36

APPENDICES ......................................................................................................................37

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

MSL Mean Sea Level

NAS National Airspace System NOTAM

Notice to Airman

PIC Pilot In Command

Section 333 FAA Modernization and 

Reform act of 2012 (FMRA)

SO Safety Observer

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Sight

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing
4

SUMMARY

SAMUEL H NOWDEN seeks exemption from the requirements of 14 C.F.R 91.7(a),

91.119 (b) & (c), 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 SAMUEL H NOWDEN to operate an Unmanned Aircraft System (UAS) for the 

commercial purpose of conducting aerial video and photography of construction sites,real 

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

INTRODUCTION AND INTERESTS OF THE PETITIONER

SAMUEL H NOWDEN provides his clients with expertise and knowledge in

advanced technologies and solutions to increase efficiency, productivity and

effectiveness.

SAMUEL H NOWDEN holes a commercial pilot certificate, rotorcraft, and a current 

second-class medical certificate. He has logged over 9,500 hours of flying experience, 

which includes over 20 years of commercial helicopter flying experience in all aspects 

of aerial video and photography. The objective of SAMUEL H NOWDEN and his 

aerial operations is to safely provide high quality imaging for a variety of commercial, 

public, and residential uses, specifically targeting:

• Aerial inspections of public and private 

structures.

• Media Production for Keys Tourist

Developments

• Closed set Commercial and Film 

Production

• Commercial Media Applications 

I.e. Videography and Business 

Promotional Video

• Wildlife population surveys
5

BACKGROUND

UAS Rotorcraft: DJI Phantom 3 Professional & The DJI Inspire-1 UASs

SAMUEL H NOWDEN seeks an exemption to operate the DJI Phantom 3 Professional 

rotorcraft & The DJI Inspire-1rotorcraft for compensation or hire within the NAS. The DJI 

Phantom 3 Professional & The DJI Inspire-1 are vertical takeoff and landing (VTOL) 

Unmanned Aircraft Systems (UAS) with a Ground Control Station (GCS) utilizing 

electronic tablet or smart phone systems. 

The DJI Phantom 3 Professional & The DJI Inspire-1 have a maximum gross weight of 

approximately 2.82 pounds and 6.47 pounds respectively. The DJI Phantom 3 Professional

has a length of 16 inches, width of 16 inches, and height of 8 inches. The DJI Inspire-1 has 

a length of 17.2 inches, width of 17.7 inches, and height of 11.85 inches. The DJI Phantom 

3 Professional & The DJI Inspire-1 maximum speed is approximately 31 knots and 42 

knots respectively. 

The DJI Phantom 3 Professional & The DJI Inspire-1 UA are equipped with four main 

rotors, driven by Lithium Polymer battery powered electric motors.

The DJI Phantom 3 Professional & The DJI Inspire-1 UA that will be operated by 

SAMUEL H NOWDEN will be registered in accordance with 49 U.S.C. 44103,

Registration of Aircraft, as well as 14 C.F.R Part 47, Aircraft Registration, and marked 

in accordance with 14 C.F.R. Part 45.29 (f), Identification and Registration Marking, Size 

of of Marks.
6

BASIS FOR PETITION

Petitioner, SAMUEL H NOWDEN, 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 Professional & The DJI Inspire-1 UA in the National Airspace System (NAS), and 

for an exemption from the requirements of 14 C.F.R §§ 91.7(a), 91.119 (b) & (c), 

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, SAMUEL H NOWDEN ’s operation of the DJI 

Phantom 3 Professional & The DJI Inspire-1 UA 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, SAMUEL H NOWDEN 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.

SAMUEL H NOWDEN submits that the requested relief is proper since an equivalent 

level of safety will be ensured. SAMUEL H NOWDEN will use experienced personnel 

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

UASs using the methods, techniques, and practices prescribed in the operating 

documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Professional & The DJI 

Inspire-1 Instruction Manual).

Furthermore, SAMUEL H NOWDEN will document and maintain all maintenance 

recordsfor the DJI Phantom 3 Professional & The DJI Inspire-1 UA.
7

SAMUEL H NOWDEN seeks relief from Section 91.7(a), entitled Civil Aircraft 

Airworthiness, because the DJI Phantom 3 Professional & The DJI Inspire-1 UA does not 

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

such, SAMUEL H NOWDEN submits that he will ensure that the DJI Phantom 3 

Professional & The DJI Inspire-1 UA is in an airworthy condition, prior to every flight, 

by determining that the UA is in compliance with the operating documents (i.e., Monthly 

Maintenance Log, and DJI Phantom 3 Professional & The DJI Inspire-1 Instruction 

Manual), and that the aircraft is in a condition forsafe flight.

SAMUEL H NOWDEN also seeks an exemption from the requirements of Section 

91.121, entitled Altimeter Settings, as the DJI Phantom 3 Professional & The DJI Inspire1 UA will not have a typical barometric altimeter onboard. However, altitude information 

of the DJI Phantom 3 Professional & The DJI Inspire-1 UA 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 SAMUEL H NOWDEN’s operation of the DJI 

Phantom 3 Professional & The DJI Inspire-1 UA withinvisual line of sight, at or below 

500 feet AGL, will ensure a level of safety equivalent to Section 91.121.

SAMUEL H NOWDEN seeks an exemption from the requirements of Section 91.151(b), 

entitled Fuel Requirements for Flight in VFR Conditions. SAMUEL H NOWDEN 

submits that safety will not be affected by operation of the DJI Phantom 3 Professional

& The DJI Inspire-1 UA during daylight hours in visual meteorological conditions 

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

duration of approximately 13.5 minutes to the first point of intended landing and, 

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

Additionally, SAMUEL H NOWDEN seeks an exemption from the requirements of Section 

91.119(b) and (c) entitled Minimum Safe Altitudes, to the extent required to allow SAMUEL 

H NOWDEN to operate the DJI Phantom 3 Professional & The DJI Inspire-1 at less than the 

minimums prescribed in paragraph (b) and (c) of this section. Moreover, Section 91.119 (d) 

states that a helicopter may operate at less than the minimums prescribed in Section 91.119

(b) and (c) provided the operation is conducted without hazard to persons or property on the 

surface. As this exemption is for the operation of the DJI Phantom 3 Professional & The DJI 

Inspire-1, §91.119 (d) should apply by definition, as both are rotorcrafts/helicopters per 14 

CFR §1.1, definitions.

In accordance with 14 C.F.R. § 11.81, SAMUEL H NOWDEN provides, in the 

following pages, information in support of his petition for exemption:
8

Name and Address of the Petitioner.

The name and address of the Petitioner and point of contact 

is:

SAMUEL H. NOWDEN 

28 BASSETT ST. #133

SAN JOSE, CA. 95110

408-309-3195

SLYSAM@EARTHLINK.NET
9

The Specific Sections of 14 C.F.R. From Which SAMUEL H NOWDEN

Seeks Exemption.

1. SAMUEL H NOWDEN 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.

2. SAMUEL H NOWDEN 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 altimeterthat 

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.
10

3. SAMUEL H NOWDEN 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.

4. SAMUEL H NOWDEN 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 [.]

5. SAMUEL H NOWDEN 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.
11

6. SAMUEL H NOWDEN Seeks Exemption from The 

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

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

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

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

(1) An annual inspection in accordance with part 43 of this chapter and has been 

approved for return to service by a person authorized by § 43.7 of this chapter; or

(2) An inspection for the issuance of an airworthiness certificate in 

accordance with part 21 of this chapter.

7. SAMUEL H NOWDEN Seeks Exemption from

The Requirements of Sections 91.417(a) And

91.417(b).

Section 91.417, entitled Maintenance Records, subsections (a) and (b), states

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:
12

(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 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.
13

8. SAMUEL H NOWDEN Seeks Exemption from

The Requirements of Sections 91.119 (b) And (c).

Section 91.119, entitled Minimum safe altitudes: General (b) and (c), state the following:

(b) Over congested areas. Over any congested area of a city, town, or settlement, or over 

any open air assembly of persons, an altitude of 1,000 feet above the highest obstacle 

within a horizontal radius of 2,000 feet of the aircraft.

(c) Over other than congested areas. An altitude of 500 feet above the surface, except over 

open water or sparsely populated areas. In those cases, the aircraft may not be operated 

closer than 500 feet to any person, vessel, vehicle, or structure.
14

The Extent of Relief SAMUEL H NOWDEN Seeks andThe Reason

SAMUEL H NOWDEN Seeks the Relief.

1. Extent of Relief SAMUEL H NOWDEN Seeks and The

Reason SAMUEL H NOWDEN 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 SAMUEL H NOWDEN to determine that the DJI Phantom 3 

Professional & The DJI Inspire-1 UA is in airworthy condition prior to every flight by 

ensuring that the UAS is in compliance with the operating documents (i.e., Monthly 

Maintenance Log and DJI Phantom 3 Professional & The DJI Inspire-1 Instruction

Manual).

SAMUEL H NOWDEN seeks the requested relief because the DJI Phantom 3 

Professional & The DJI Inspire-1 UA does not require an airworthiness certificate in 

accordance with 14 C.F.R. Part 21, Subpart H. Therefore, SAMUEL H NOWDEN will 

ensure that the DJI Phantom 3 Professional & The DJI Inspire-1 UA is in airworthy 

condition based upon its compliance with the operating documents (i.e., Monthly 

Maintenance Log, and DJI Phantom 3 Professional & The DJI Inspire-1 Instruction 

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

safe flight, as stated in the conditions and limitations below.

2. Extent of Relief SAMUEL H NOWDEN Seeks and The

Reason SAMUEL H NOWDEN 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 Professional & The DJI Inspire-1 UA, which utilizes 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), SAMUEL H 

NOWDEN seeks the requested relief because the DJI Phantom 3 Professional & The DJI 

Inspire-1 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.
15

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 Professional & The DJI Inspire-1 UA is equipped with 

a barometric pressure sensor and GPS equipment, which automatically ensures that a 

ground level pressure setting will be established prior to each flight, and provides the
16

3. Extent of Relief SAMUEL H NOWDEN Seeks and The

Reason SAMUEL H NOWDEN 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 

Professional & The DJI Inspire-1 UA during daylight hours in visual meteorological 

conditions (VMC), under visual flight rules (VFR), for a total duration of 13.5 minutes to 

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

for at least 4.5minutes.

SAMUEL H NOWDEN seeks the requested relief because without an exemption from 

Section 91.151(b), the flight time duration of the battery powered DJI Phantom 3 

Professional & The DJI Inspire-1 UA will severely constrain the practicality of any aerial 

video or still photo flight operations that SAMUEL H NOWDEN proposes to conduct 

pursuant to this Petition.

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

Professional & The DJI Inspire-1 and SAMUEL H NOWDEN ’s proposed operating 

limitations, ensure that SAMUEL H NOWDEN will safely operate the battery powered 

DJI Phantom 3 Professional & The DJI Inspire-1 UA during daylight hours in visual 

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

power to fly for a total duration of 19 minutes to the first point of intended landing and, 

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

4. Extent of Relief SAMUEL H NOWDEN Seeks and the

Reason SAMUEL H NOWDEN 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, SAMUEL H NOWDEN requests relief

from these Sections because the DJI Phantom 3 Professional & The DJI Inspire-1 UA 

does not require airworthiness certificates. As set forth more fully below, the DJI Phantom 

UAS meets the conditions of FMRA Section 333 for operation without an airworthiness 

certificate. Accordingly, SAMUEL H NOWDEN 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 Monthly 

Maintenance Log, and DJI Phantom 3 Professional & The DJI Inspire-1 Instruction 

Manual). Furthermore, SAMUEL H NOWDEN will document and maintain all 

maintenance records for the DJI Phantom 3 Professional & The DJI Inspire-1UAS.
17

5. Extent of Relief SAMUEL H NOWDEN Seeks and The Reason 

SAMUEL H NOWDEN Seeks Relief from Section 91.119 (b) and 

(c).

Relief from Section 91.119(b) and (c) entitled Minimum Safe Altitudes, is requested to the

extent required to allow SAMUEL H NOWDEN to operate the DJI Phantom 3 Professional 

& The DJI Inspire-1 at less than the minimums prescribed in paragraph (b) and (c) of this 

section. 

Moreover, Section 91.119 (d) states that a helicopter may operate at less than the 

minimums prescribed in Section 91.119 (b) and (c) provided the operation is conducted 

without hazard to persons or property on the surface and each person operating a helicopter 

complies with any routes or altitudes specifically prescribed for helicopters by the FAA. 

As this exemption is for the operation of the DJI Phantom 3 Professional & The DJI 

Inspire-1, both by definition, are rotorcrafts/helicopters per 14 CFR §1.1 and the exemption 

requests authority to operate at altitudes up to 500 feet AGL; an exemption may be needed 

to allow such operations. As set forth herein, the DJI Phantom 3 Professional & The DJI 

Inspire-1 will never operate higher that 500 AGL with the exception that in circumstances 

where the UAS is used to survey or photograph a structure whose height exceeds 500 feet 

AGL, the UAS will not be operated more than 100 feet above the highest point on the

structure.

The equivalent level of safety will be achieved given the size, weight, and speed of the DJI 

Phantom 3 Professional & The DJI Inspire-1 as well as the location where it is operated. 

No flight will be taken without the permission of the property owner. Because of the 

advance notice given property owners and other participants in the activity, all affected 

individuals will be aware of the planned flight operations. Compared to flight operations 

with aircraft weighing far more than the maximum 55 pounds proposed herein and the lack 

of flammable fuel, any risk associated with these operations is far less than those presently 

presented with conventional aircraft operating at or below 500 feet AGL. 

In addition, an enhanced level of safety will be incorporated, to ensure each operation will 

be conducted without hazard to persons or property on the surface by implementation of 

the Congested Area Plan (CAP) outlined in Appendix D. The CPA will establish a sterile 

area (a minimum of 500-foot radius) around the planned area of operations and/or flight 

path of the UAS. This area will be cleared of any nonparticipating public and maintained 

clear of any nonparticipating public for the duration of the UAS operation. This will be 

enforced by the physical presence of barriers and the physical presence of security 

personnel for the duration of the operation. Again, the Congested Area Plan (CAP) 

outlined in Appendix D.
18

The Reasons Why Granting SAMUEL H NOWDEN’s Request would be inthe 

Public Interest; That Is, How It Would Benefit the Public as AWhole.

Granting the present Petition will further the public interest by allowing SAMUEL 

H NOWDEN to safely, efficiently, and economically perform aerial video and 

photography of construction sites, building structure continuity, and landscape over 

certain areas of the United States.

Additionally, use of the DJI Phantom 3 Professional & The DJI Inspire-1 UAS will 

decrease congestion of the NAS, reduce pollution, and provide significant benefits to the 

economy. Notably, the benefits of SAMUEL H NOWDEN’s proposed operation of the 

DJI Phantom 3 Professional & The DJI Inspire-1 UAS will be realized without 

implicating any privacyissues.

1. The Public Will Benefit from Decreased Congestion of TheNAS.

The DJI Phantom 3 Professional & The DJI Inspire-1 UA is battery powered and serves as 

a safe, efficient, and economical alternative to the manned aircraft traditionally utilized to 

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

acquisitions, an exemption allowing the use of a DJI Phantom 3 Professional & The DJI 

Inspire-1 UAS would reduce the number of manned aircraft in the NAS and 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 Professional & The DJI Inspire-1 UA does not require an airport to takeoff or 

land. Likewise, a reduction of manned aircraft conducting aerial video and photography 

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

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

2. The Public Will Benefit from The Safety And Efficiency of TheDJI 

Phantom 3 Professional & The DJI Inspire-1 UAS.

Conducting aerial acquisitions with the DJI Phantom 3 Professional & The DJI Inspire-1

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 Professional & The DJI Inspire-1 UAS produce no air pollution, and is the 

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

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

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

fuel. The DJI Phantom 3 Professional & The DJI Inspire-1 UA, while
19

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 Professional & The DJI Inspire-1 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 

substantiallyreduced or completely eliminated. Aside from the lack of flight crew 

members located onboard the aircraft, the DJI Phantom 3 Professional & The DJI 

Inspire-1 UA (weighing approximately 3 pounds and 7 pounds respectively), 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 Professional & The DJI Inspire-1 UAS Will Benefit 

the Economy.

In addition to being safe and efficient, the DJI Phantom 3 Professional & The DJI 

Inspire-1 UA is also an economical alternative to using manned aircraft to conduct 

similar aerial operations. As such, operation of the DJI Phantom 3 Professional & The 

DJI Inspire-1 UAS will allow United States based companies, like SAMUEL H 

NOWDEN’s, to remain competitive and contribute to growth of the U.S. economy. In 

particular, usage of the DJI Phantom 3 Professional & The DJI Inspire-1 UA to produce 

media and aid in tourist development, specifically in smaller urban areas.

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 Professional & The DJI Inspire-1 UAS is 

one such technology that not only allows companies greater operational flexibility 

compared to manned aircraft, but provides such flexibility without the high operational 

cost of a traditional manned aircraft.

By operating the DJI Phantom 3 Professional & The DJI Inspire-1 UAS, companies 

such as SAMUEL H NOWDEN’s, can remain competitive and profitable, and 

therefore, provide greater job stability to employees and contractors, which will 

ultimately contribute to growth ofthe U.S. economy. Improved financial performance 

of U.S. companies, through commercial use of the DJI Phantom 3 Professional & The 
20

DJI Inspire-1 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, SAMUEL H NOWDEN’s proposed operation of the DJI Phantom 3 Professional 

& The DJI Inspire-1 UAS will not implicate any privacy issues. Specifically, the DJI 

Phantom 3 Professional & The DJI Inspire-1 UAS will be operated only in compliance 

with operating documents (i.e., The Monthly Maintenance Log, and DJI Phantom 3 

Professional & The DJI Inspire-1 Instruction Manual) which requires property owner 

involvement as well as local law enforcement notification, and in accordance with the 

Federal Aviation Regulations.
21

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 SAMUEL H NOWDEN SeeksExemption.

1. Reasons Why The DJI Phantom 3 Professional & The DJI 

Inspire-1 UA Meets the Conditions of The FAA Modernization 

and Reform Act of 2012 (FMRA) Section 333.

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

unmanned aircraft and its operation, SAMUEL H NOWDEN’s operation of the DJI 

Phantom 3 Professional & The DJI Inspire-1 UAS meets the conditions of FMRA Section 

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

Subpart H.

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

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

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

Section 333 states the following, in part:

(a) In General. --Notwithstanding any other requirement of this subtitle, and

not later than 180 days after the date of enactment of this Act, the Secretary of 

Transportation shall determine if certain unmanned aircraft systems may 

operate safely in the national airspace system before completion of the plan 

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

section 334 of this Act.

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

determination under subsection (a), the Secretary shall determine, at a

minimum--

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

size, weight, speed, operational capability, proximity to airports and 

populated areas, and operation within visual line of sight do not create 

a hazard to users of the national airspace system or the public or pose a 

threat to national security; and

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

airworthiness certification under section 44704 of title 49, United States 

Code, is required for the operation of unmanned aircraft systems 

identified under paragraph (1).
22

(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, SAMUEL H NOWDEN submits that the DJI Phantom 3 

Professional & The DJI Inspire-1 UAS can operate safely in the NAS pursuant to 

FMRA Section 333, as demonstrated by:

(a) The characteristics of the DJI Phantom 3 Professional & The DJI 

Inspire-1 UA; (b) the pilot certification requirement; and (c) the specific 

operating limitations.

a. The Specifications of The DJI Phantom 3 Professional & 

The DJI Inspire-1 UAS Demonstrates Its Safe Characteristics.

The DJI Phantom 3 Professional & The DJI Inspire-1 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 Professional & The 

DJI Inspire-1 UAS

The DJI Phantom 3 Professional & The DJI Inspire-1 User Manual attached hereto as 

Appendix A, sets the technical specifications of the DJI Phantom 3 Professional & The 

DJI Inspire-1 UAS forth.

ii. The DJI Phantom 3 Professional & The DJI Inspire-1 UAS 

Autonomous Flight and Navigation Modes Enable The UAS 

to Remain Within a Defined Operational Area.
23

The DJI Phantom 3 Professional & The DJI Inspire-1 UAS may be operated in both 

manual and fully autonomous flight modes. A complete description of the flight and 

navigational modesof the DJI Phantom 3 Professional & The DJI Inspire-1 UAS is 

provided in the DJI Phantom 3 Professional & The DJI Inspire-1 User Manual, attached 

hereto as Appendix A.

iii. The DJI Phantom 3 Professional & The DJI Inspire-1 UAS 

Are Designed for Automatic Return to Home Point or Hover in 

The Event of Loss of the Control Link or Navigation.

When the Control Link is lost, the DJI Phantom 3 Professional & The DJI Inspire-1 UA 

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

Phantom 3 Professional & The DJI Inspire-1 UA does not reacquire control link data 

from the GCS, the UA will assume that the Control Link is lost and the UA will return 

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

position and shutdown.

A complete description of the Failsafe Function of the DJI Phantom 3 Professional & 

The DJI Inspire-1 is set forth on pages 12 through 14 in the DJI Phantom 3 

Professional’s Users Manual and on pages 13 through 15 in the DJI Inspire-1’s Users

Manual. Both User Manuals are attached hereto as Appendix A.

iv. The DJI Phantom 3 Professional & The DJI Inspire-1 GCS and 

Its Operation.

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

Professional & The DJI Inspire-1 GCS and flight control software is provided in the 

“Remote Controller” and “DJI GO APP” sections of both User Manuals respectively. 

Both User Manuals are attached hereto as Appendix A.

b. Flight Operations of DJI Phantom 3 Professional & The DJI 

Inspire-1 UAS Are Limited to The Line of Sight of a Certificated 

Pilot inCommand with A Safety Observer.

SAMUEL H NOWDEN will act as a pilot in command (PIC) of the DJI Phantom 3 

Professional & The DJI Inspire-1 UAS. Additionally, a safety observer (SO) will assist 

him during flight time.
24

c. Flights of DJI Phantom 3 Professional & The DJI Inspire-1

UAS will be Conducted Pursuant to Specific Operating

Limitations.

In seeking this exemption, SAMUEL H NOWDEN proposes to commercially 

operate DJI Phantom 3 Professional & The DJI Inspire-1 UAS for the special 

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

States, pursuant to the following specific operating limitations:

1. Operations authorized by this grant of exemption will be 

limited to the following aircraft described in the operating 

documents, rotorcraft UASs weighing less than 55-pounds 

maximum gross weight: DJI Phantom 3 Professional & The DJI 

Inspire-1 Unmanned Aircraft System. Proposed operations of any 

other aircraft will require a new petition or a petition to amend this

grant.

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

operations for the purpose of aerial video and photography.

The UA may not be flown at an indicated airspeed exceeding 30 knots.

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.

The UA 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.

The use of first person view (FPV) by the PIC or safety observer (SO) is not permitted.

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.
25

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.

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.

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.

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 aircraftrecords.

3. 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.

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

maintenance, overhaul, replacement, inspection, and life limitrequirements.
26

5. 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.

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

manufacturer Safety Bulletins.

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

corrective action taken against discrepancies discovered between inspections.

8. The PIC must possess at least a commercial pilot certificate and at least a 

current third-class medical certificate.

9. 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 14C.F.R.
27

§ 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 (d).

10. 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.

11. 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.

12. 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.

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

pre-determined location within the planned operating area and land or be 

recovered in accordance with the operating documents.

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

emergencies in accordance with the operating documents.
28

15. 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.

16. 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.

17. All aircraft operated in accordance with the exemption must be identified by 

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

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

Subpart C. Markings must be as large as practicable.

18. 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.

19. 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.

20. The UAS must remain clear and yield the right of way to all manned

aviation operations and activities at all times.

21. The UAS may not be operated by the PIC from any moving device or vehicle.
29

22. 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 personsremain 

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).

23. 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.

24. 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 SafetyBoard 

(NTSB) per instructions contained on the NTSB Web site:www.ntsb.gov.
30

2. 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, SAMUEL H NOWDEN will ensure that the DJI Phantom 

3 Professional & The DJI Inspire-1 UAS is in an airworthy condition based upon the 

UAS’ 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).

3. Reasons Why an Exemption from The Requirements of Section91.121

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 Professional & The DJI Inspire-1 UA 

will be provided to the PIC via GPS equipment and a radio communications telemetry 

data link, which downlinks from the UA to the GCS for active monitoring of the flight 

path and altitude. This altitude information, combined with SAMUEL H NOWDEN’s 

operation of the DJI Phantom 3 Professional & The DJI Inspire-1 UA 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 groundlevel.

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).
31

4. 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 Professional & The DJI Inspire-1 UAS; (2) the limitations on the proposed flight 

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

H NOWDEN will ensure that it will safely operate the battery-powered DJI Phantom 3 

Professional & The DJI Inspire-1 UA during daylight hours in VFR conditions, with 

enough battery power to fly for a total duration of

13.5 minutes to the first point of intended landing and, assuming normal cruising speed,to 

fly after that for at least

4.5 minutes.

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

Professional & The DJI Inspire-1 UAS, the limitations on the proposed flight 

operations, and the location of the proposed operations, will ensure an equivalent level 

of safety established by14 C.F.R. Section 91.151(b). Furthermore, safety will be 

ensured as the DJI Phantom 3 Professional & The DJI Inspire-1 UAS provides audible 

and visual warnings to the PIC at the GCS when the UA experiences low battery 

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

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

level, the DJI Phantom 3 Professional & The DJI Inspire-1 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).
32

5. 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, SAMUEL H NOWDEN 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 SAMUEL H NOWDEN 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 Monthly 

Maintenance Log and DJI Phantom 3 Professional & The DJI Inspire-1 Instruction 

Manual). Furthermore, SAMUEL H NOWDEN will document and maintain all 

maintenance records for the DJI Phantom 3 Professional & The DJI Inspire-1UAS.

Since the DJI Phantom 3 Professional & The DJI Inspire-1 UAS will be inspected as 

prescribed by the operating documents, SAMUEL H NOWDEN 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 Professional & The DJI Inspire-1 User 

Manual is attached hereto as Appendix A; an example copy of the DJI Phantom 3 

Professional & The DJI Inspire-1 UAS Maintenance LOG is attached hereto as 

Appendix B.

Likewise, the exemption sought will not adversely affect safety becauseSAMUEL 

H NOWDEN 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 Professional & The DJI Inspire-1 UAS will be performed by trained 

technicians. Maintenance will be documented and maintained utilizing the monthly 

maintenancelog.

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 theUAS 

are considered.

In consideration of SAMUEL H NOWDEN ’s proposed operating limitations, the 

operating documents, and the technical aspects of the DJI Phantom 3 Professional & The 

DJI Inspire-1 UAS, SAMUEL H NOWDEN 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).
33

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).

3. The FAA May Prescribe Any Other Conditions for SafeOperation.

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, SAMUEL H NOWDEN 

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

Phantom 3 Professional & The DJI Inspire-1 UAS, which contain such safety standards 

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

established by14 C.F.R Sections 91.7(a), 91.119 (b) & (c), 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 UA 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 14C.F.R.

§ 21.16, for operation of the DJI Phantom 3 Professional & The DJI Inspire-1

UAS, since the airworthiness regulations of 14 C.F.R. Part 21 do not contain 

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

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

following:

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

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

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

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

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

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

propeller as the FAA finds necessary to establish a level of safety equivalent to 

that established in the regulations.

See 14 C.F.R. § 21.16.

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

prescribe special conditions for the intended operation of the DJI Phantom 3 Professional 
34

& The DJI Inspire-1 UAS, which contain such safety standards that the Administrator 

finds necessary to establish a level of safety equivalent to that established by14 C.F.R 

Sections 91.7(a), 91.119 (b) & (c), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 

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

6. Reasons Why an Exemption from The Requirements of Section 91.119 (b)

& (c) Would Not Adversely Affect Safety.

Moreover, Section 91.119 (d) states that a helicopter may operate at less than the 

minimums prescribed in Section 91.119 (b) and (c) provided the operation is conducted 

without hazard to persons or property on the surface. 

As this exemption is for the operation of the DJI Phantom 3 Professional & The DJI 

Inspire-1, both by definition, are rotorcrafts/helicopters per 14 CFR §1.1 and the exemption 

requests authority to operate at altitudes up to 500 feet AGL; an exemption may be needed 

to allow such operations. As set forth herein, the DJI Phantom 3 Professional & The DJI 

Inspire-1 will never operate higher that 500 AGL with the exception that in circumstances 

where the UAS is used to survey or photograph a structure whose height exceeds 500 feet 

AGL, the UAS will not be operated more than 100 feet above the highest point on the

structure.

The equivalent level of safety will be achieved given the size, weight, and speed of the DJI 

Phantom 3 Professional & The DJI Inspire-1 as well as the location where it is operated. 

No flight will be taken without the permission of the property owner. Because of the 

advance notice given property owners and other participants in the activity, all affected 

individuals will be aware of the planned flight operations. Compared to flight operations 

with aircraft weighing far more than the maximum 55 pounds proposed herein and the lack 

of flammable fuel, any risk associated with these operations is far less than those presently 

presented with conventional aircraft operating at or below 500 feet AGL. 

In addition, an enhanced level of safety will be incorporated, to ensure each operation will 

be conducted without hazard to persons or property on the surface by implementation of 

the Congested Area Plan (CAP) outlined in Appendix D. The CPA will establish a sterile 

area (a minimum of 500-foot radius) around the planned area of operations and/or flight 

path of the UAS. This area will be cleared of any nonparticipating public and maintained 

clear of any nonparticipating public for the duration of the UAS operation. This will be 

enforced by the physical presence of barriers and the physical presence of security 

personnel for the duration of the operation. Again, the Congested Area Plan (CAP) 

outlined in Appendix D.
35

A Summary That Can Be Published in The Federal Register, 

stating: The Rules from Which SAMUEL H NOWDEN Seeks

Exemption:

SAMUEL H NOWDEN seeks exemption from the requirements of 14 C.F.R 

Sections 91.7(a), 91.119 (b)&(c), 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 SAMUEL H 

NOWDEN Seeks:

This exemption will permit SAMUEL H NOWDEN to commercially operate an 

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

photography over certain areas of the United States.

Additional Information, Views, Or Arguments Available to 

Support SAMUEL H NOWDEN’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, SAMUEL H 

NOWDEN’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, SAMUEL H NOWDEN will operate the DJI 

Phantom 3 Professional & The DJI Inspire-1 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.

Listed in Appendix C is a link to a brief article outlining the environmental 

benefits of commercial use of a UAS.

37

Appendix A. DJI Phantom 3 Professional & The DJI Inspire-1

Link	to	most	current	manual	revision:

http://download.djiinnovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual_v1.4_en_0915.pdf
38

Link	to	most	current	manual	revision:

http://download.dji-innovations.com/downloads/inspire_1/en/Inspire_1_User_Manual_v1.4_en.pdf
39

Appendix B. Proposed Maintenance Log

Appendix C.

Link to a supportive article outlining the environmental benefits of 

commercial use of a UAS

http://rotordronemag.com/can-drones-save-planet/

Service Date

Aircraft 

Hours Items performed Items NeedingAttention
40

Appendix D. Congested Area Plan (CAP)

Persons Authorized

1. Persons Authorized

No person shall be allowed within 500 feet of the aerial operation except those 

persons necessary for the filming production that are competent to consent, and who 

give their consent, to be involved in such proximity to the aerial operation (may be 

reduced to 200 feet minimum only if an equivalent level of safety is achieved). This 

will include vacating structures within the same distance as specified above unless 

released from this obligation by authority of the local FAA FSDO. Provisions for 

implementation of control over the operation are detailed in “Security”.

A. Necessary Crew and Authorized Persons

In all instances, flight operations closer than 500 feet to persons must involve 

only those consenting persons needed to perform or film the flight. The 

Aerial Coordinator will have the responsibility to ensure that this requirement 

is met, however, the final authority rests with the Pilot-in-Command. Only 

crew necessary to comply with A/C Operating Limitations and A/C Flight 

Manual will be allowed. 

B. Hovering or Ground Run of UAS

UAS shall not be hover nor the engines started in spectator or crew areas, 

unless appropriate measures are taken to preclude creating a hazard. If an 

UAS is run in a congested area, the immediate area will be secured and 

guarded by appropriate personnel.

C. Ceasing Operations

Filming and flight operations will halt if unauthorized persons, vehicles, or 

aircraft enter the area of operations, or for any other reason, in the interest of 

safety. It is imperative that all personnel be aware of this contingency and 

signaling procedure. Two-way radio communications between aircraft and 

designated ground personnel will be the primary means of notification.

D. Showlines

Showlines, man-made or natural and readily visible to the participants, shall 

be provided to ensure that aircraft remain the appropriate distance from the 

spectators and additional crew. 

E. Waiver of FAR 91.119 (b) and (c)

FAR 91.119(c) is waived only with respect to those participating person, 

vehicles, and structures directly involved in the performance of the filming 

The pilot shall ensure that no persons will be allowed within 500 feet (or as 

otherwise authorized) of the area except those consenting to be involved and 

directly connected with the filming operation. 
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F. Roads and Highways

Roads and highways within 500 feet (or as otherwise authorized) of filming 

locations are to be devoid of vehicular traffic. Signs, guards, or other means of 

securing the roads will be utilized.

Security

1. General: Having secured permission to operate in a specific area in accordance with 

the guidelines special security will be provided to exclude all persons not covered by 

written or verbal permission from within 500 feet (or as otherwise authorized). 

2. Ceasing Operations: Filming and flight operations will halt if unauthorized persons, 

vehicles, or aircraft enter the area of operations, or for any other reason, in the interest 

of safety. It is imperative that all personnel be aware of this contingency and 

signaling procedure. Two-way radio communications between aircraft and 

designated ground personnel will be the primary means of notification.

3. Personnel: Often, production companies hire uniformed off-duty police officers 

and/or private security; however, there is no requirement to have “uniformed” 

security personnel. The PIC shall be responsible for ensuring that a sufficient number 

of persons are designated for the purpose of providing the security required. All 

personnel must be familiar with the means of stopping operations if necessary (see 

item 2).

4. Boundaries: Secure areas / zones, will normally be marked or cordoned off by a 

means visible to non-participants. Additionally, a manned control point should be 

established for entry and exit of the secured area. If sufficient personnel are available 

to control unauthorized access, the area / zone need not be marked.

5. Security - Security may consist of any person or group of persons that the PIC or 

producer has provided to be in charge of security. Frequently, security personnel are 

local off-duty or retired law enforcement officers.
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Briefing of Pilot / Production Personnel

1. Content and Persons to be Briefed: A briefing shall be given to all persons observing 

or actively participating in the production operation within the secure area as to the 

risks involved, emergency procedures to be followed, and applicable safeguards to be 

employed and maintained. Involved personnel will also be briefed on any special 

provisions that may be issued by the FAA FSDO, including the location of 

boundaries and any time limits imposed by the waiver. The briefing shall include:

a. Authorizations & Certificate of Waiver and the attached provisions

b. Operations manual

c. UAS parking and starting

d. UAS procedures

e. Radio communication

f. Takeoff procedures

g. Aviation activities to be conducted during the filming

h. Approach and landing procedures

i. Recall procedures

j. Emergency procedures

k. Risks to participating personnel

l. How to control nonparticipating persons

Permission to Operate

1. Permission to Operate

Once the area of operation has been defined as to responsible agencies and private 

property owners, permission to operate may be obtained by studio or production 

company personnel. The PIC or their designated representative, shall have the 

responsibility of verifying that the proper permission has been granted for flight 

operations closer than 500 feet to the following sources, as applicable:

A. Property Owners

Permission must be obtained, prior to the event; any time operations will be 

conducted closer than 500 feet to private property. This permission to operate 

may be granted verbally, however, written permission is preferred.

B. Law Enforcement Agencies

Before filming operations commence in areas such as cities, towns, and 

densely populated areas, the local Police, Sheriff, or other appropriate 

agencies will be contacted, and the required permits, if any, secured.

C. Fire Departments

In the case of fire hazard areas, adherence to the local Fire Department 

regulations is required and the necessary permits, if any, obtained. In most 

cases, the Fire Department will require their representative to be present 
43

during filming operations.

D. State or Federal Governments

Even though local permission may be granted, State or Federal approval may 

still be required. On occasion, the operation may involve more than one 

agency, i.e. State land overlapping, or adjacent to, federally administered land 

such as an Indian Reservation. In those cases, permission must be obtained 

from all agencies affected. 

E. FAA Air Traffic Control Facilities

Prior to any operation conducted within controlled airspace, notification shall 

be provided to the appropriate FSDO and ATC facility. Arrangements shall 

be made for communications and separation requirements, and any special 

provisions deemed necessary by that facility to enhance the safety of 

operation provisions, such as posting of NOTAMs. NOTAMs shall be 

provided to the appropriate FSS no earlier than 72 hours and no later than 48 

hours.

Communications

1. General:

Communications are an important tool and asset for the production companies and 

will be incorporated into each production. In all cases, it is essential that effective 

communication be established between delegated responsible parties on the ground, 

and any aircraft involved in the operation. These communications will be 

established through FM, VHF radios, pre-briefed visual signals, or any other suitable 

means. In the event of unforeseen circumstances, communications breakdown, 

recall/stop order or any safety hazard, the filming operation will be halted utilizing 

the established communications means.

A. Two-way radio communications will be the primary means of communication 

between ground personnel and an aircraft. This can be accomplished using 

either aviation VHF or radios provided by the production company. It is 

important for the Aerial Coordinator and/or the Aerial Unit Safety Supervisor 

to have radio communications with production company personnel if aviation 

VHF is used.

B. Visual signals should be standard, clear in their meaning, and understood by 

all personnel directly involved with the aircraft’s use in production. As a 

minimum, there should be a signal for ceasing operations if unauthorized 

persons or equipment enter the area. Additionally, procedures to be used in 

the event of radio failure should be understood prior to filming and will be 

cover during the briefing of pilot and production personnel.
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-END-