### UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

Regulatory Docket No. _______________

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

GROUP 3 AVIATION, INC

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS

SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2),

AND 91.417(a) & (b) CONCERNING COMMERCIAL OPERATION OF

DJI Phantom 2 AND DJI INSPIRE 1

UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112-95)

Submitted on April 10, 2015

GROUP 3 AVIATION, INC

16425 HART STREET, SUITE 211

VAN NUYS, CA 91406

818-994-9376

PL@GROUP3AVIATION.COM

1TABLE OF CONTENTS Page

SUMMARY 3

INTRODUCTION AND INTERESTS OF PETITIONER 3

BACKGROUND 3-4

BASIS FOR PETITION 4-5

NAME AND ADDRESS OF PETITIONER 5

SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH GROUP 3 AVIATION, INC SEEKS

EXEMPTION 6-9

EXTENT OF RELIEF GROUP 3 AVIATION, INC SEEKS AND THE REASONS

GROUP 3 AVIATION, INC SEEKS THE RELIEF 9-11

REASONS WHY GRANTING GROUP 3 AVIATION, INC REQUEST WOULD BE IN THE

PUBLIC INTEREST 11-13

REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY

AFFECT SAFETY 13-25

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER 26

BRIEF DESCRIPTION OF THE NATURE OF THE EXEMPTION GROUP 3 AVIATION SEEKS 26

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT

GROUP 3 AVIATION, INC REQUEST 26

CONCLUSION 27

APPENDICES 28

2SUMMARY

GROUP 3 AVIATION 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 Un

manned Aircraft System pursuant to Section 333 of the FAA Modernization and Reform Act of 2012

(FMRA). This exemption will permit GROUP 3 AVIATION to operate an Unmanned Aircraft System (UAS)

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

and landscape over certain areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

GROUP 3 AVIATION provides its clients with expertise and knowledge in advanced technologies and

solutions to increase efficiency, productivity and effectiveness. GROUP 3 AVIATION has a current Movie

Manual, over 25 years of experience in Aerial Production and Commercial Operations holding 135, 133 and

141 certification. The objective of GROUP 3 AVIATION is to provide high quality imaging for a variety of

commercial, public, and residential uses

including:

•	 Motion Picture Filming

•	 Videography

•	 Mapping

•	 Inspections

•	 Crop Survey

•	 Construction sites before and after

•	 Appraisals

•	 Real-estate marketing

•	 Aerial acquisitions used for inspections of public and private structures

•	 Search and Rescue operations

•	 Still Photography

•	 Wildlife survey

•	 Training

BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 2, DJI Inspire 1

GROUP 3 AVIATION seeks an exemption to operate DJI systems for compensation or hire within the NAS.

The DJI Phantom 2 and DJI Inspire 1 are vertical takeoff and landing (VTOL) Unmanned Aircraft System

(UAS) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. The DJI

Phantom 2 has a maximum gross weight of approximately 2 pounds 11 ounces, while having a length of

16 inches width of 16 inches, height of 8 inches, and a maximum speed of approximately 29 knots. The DJI

Inspire 1 has a maximum gross weight of 6 pounds 7.5 ounces, a length of 17.3 inches, width of 17.7 inches,

height of 11.8 inches, and a maximum speed of approximately 42 knots.

3The DJI Phantom 2 and DJI Inspire 1 are equipped with four main rotors; driven by Lithium Polymer bat

tery powered electric motors.

The DJI Phantom 2 and DJI Inspire 1 UAs that will be operated by GROUP 3 AVIATION will be registered

in accordance with 49 U.S.C. 44103, Registration of Aircraft, as well as 14 C.F.R Part 47, Aircraft Registra

tion, and marked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking.

BASIS FOR PETITION

Petitioner, GROUP 3 AVIATION, 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 2, DJI Inspire 1 UASs in the National Airspace System (NAS), and for an exemption from the

requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1)

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

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

and its operation, GROUP 3 AVIATION’s operation of the DJI Phantom 2 UAS and the DJI Inspire1 UAS

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

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

Accordingly, GROUP 3 AVIATION 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.

GROUP 3 AVIATION submits that the requested relief is proper since an equivalent level of safety will be

ensured. GROUP 3 AVIATION will use experienced personnel to perform maintenance, alterations, or pre

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

documents (i.e., Monthly Maintenance Log, and DJI Phantom 2 and DJI Inspire 1 Instruction Manual). Fur

thermore, GROUP 3 AVIATION will document and maintain all maintenance records for the DJI Phantom

2 and the DJI Inspire 1.

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

tions: Pilot in command, is requested by GROUP 3 AVIATION to the extent necessary to allow a Pilot in

Command (PIC) holding a private pilot or higher level certificate, as well as an airman medical certificate,

and who has demonstrated, by meeting minimum flight- hour and currency requirements, that the PIC is

able to safely operate the DJI Phantom 2 and DJI Inspire 1 UASs in a manner consistent with this exemption,

including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels,

vehicles and structures.

4GROUP 3 AVIATION seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, because the DJI

Phantom 2 and DJI Inspire 1 UASs do not require an airworthiness certificate in accordance with 14 C.F.R.

Part 21, Subpart H. As such, GROUP 3 AVIATION submits that it will ensure that the DJI Phantom 2 UAS

and DJI Inspire 1UAS are in an airworthy condition, prior to every flight, by determining that the UAS is

in compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 2 and DJI

Inspire 1 Instruction Manual), and that the aircraft are in a condition for safe flight.

GROUP 3 AVIATION also seeks an exemption from the requirements of Section 91.121, entitled Altim

eter Settings, as the DJI Phantom 2 UAS and DJI Inspire 1 UAS will not have a typical barometric altimeter

onboard. However, altitude information of the DJI Phantom 2 UAS and DJI Inspire 1UAS 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 GROUP 3 AVIATION’s operation of the DJI Phantom 2 and DJI Inspire 1 within visual line

of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121.

Additionally, GROUP 3 AVIATION seeks an exemption from the requirements of Section 91.151(b), entitled

Fuel requirements for flight in VFR conditions. GROUP 3 AVIATION submits that safety will not be affected

by operation of the DJI Phantom 2 and DJI Inspire 1 during daylight hours in visual meteorological condi

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

mately 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.

In accordance with 14 C.F.R. § 11.81, GROUP 3 AVIATION provides the following information in support of

its petition for exemption:

A. Name and Address Of The Petitioner.

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

GROUP 3 AVIATION

16425 HART STREET, SUITE 211

VAN NUYS, CA 91406

Phone: 818-994-9376

Fax: 818-994-9384

POC: PETER LOWRY

Email: PL@GROUP3AVIATION.COM

5B. The Specific Sections of 14 C.F.R. From Which Petitioner Seeks Exemption.

1. Petitioner 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 hat 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. Petitioner 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. Petitioner Seeks Exemption From The Requirements Of Section 91.121.

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

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

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

when operating-

(1) Below 18,000 feet MSL, to -

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

and within 100 nautical miles of the aircraft;

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

(i) of this section, the current reported altimeter setting of an appro

priate 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.

64. Petitioner 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. Petitioner Seeks Exemption From The Requirement Of Section 91.405(a).

Section 91.405, entitled Maintenance required, subsection (a), states the following:

Each owner or operator of an aircraft—

(a) Shall have that aircraft inspected as prescribed in subpart E of this part and

shall between required inspections, except as provided in paragraph (c) of this

section, have discrepancies repaired as prescribed in part 43 of this chapter.

6. Petitioner 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. Petitioner 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.

78. Petitioner Seeks Exemption From The Requirements Of Sections 91.417(a) and 91.417(b).

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

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

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

specified in paragraph (b) of this section:

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

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

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

and each engine, propeller, rotor, and appliance of an aircraft.

The records must include:

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

of the work performed; and

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

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

aircraft for return to service.

(2) Records containing the following information:

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

and each rotor.

(ii) The current status of life-limited parts of each airframe, engine,

propeller, rotor, and appliance.

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

are required to be overhauled on a specified time basis.

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

last inspection required by the inspection program under which the aircraft

and its 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 re

curring 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.

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

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

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

work is performed.

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

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

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

of this chapter shall be retained until the defects are repaired and the aircraft is

approved for return to service.

C. The Extent Of Relief And The Reason Petitioner Seeks The Relief.

1. Extent Of Relief And The Reason Petitioner Seeks Relief From Section 61.113(a) and (b).

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

Pilot in command, is requested to the extent necessary to allow a PIC holding a private pilot or higher

level certificate, as well as a current and valid airman medical certificate, and who has met certain

flight-hour and currency requirements, to conduct the proposed UAS flight operations for

compensation or hire.

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

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

employment if: (1) The flight is only incidental to that business or employment; and (2) The aircraft

does not carry passengers or property for compensation or hire.

As set forth more fully below, GROUP 3 AVIATION submits that an equivalent level of safety will be

maintained because no PIC will be allowed to operate the DJI Phantom 2 UAS or DJI Inspire 1 UAS

unless that PIC has met certain flight-hour and currency requirements, demonstrating that the PIC is

able to safely operate either the DJI Phantom 2 or DJI Inspire 1 UAS in a manner consistent with the

operations specifications as described in this exemption, including evasive and emergency maneuvers,

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

Further, GROUP 3 AVIATION submits that all flights of the DJI Phantom 2 and DJI Inspire 1 UASs,

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

GROUP 3 AVIATION business; and (2) will not carry passengers or property for compensation or

hire.

92. Extent Of Relief And The Reason Petitioner 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 GROUP 3 AVIATION to determine that the DJI Phantom 2 and DJI Inspire 1 are in airworthy

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

ments (i.e,. DJI Phantom 2 and DJI Inspire 1 Instruction Manual, Monthly Maintenance Log).

GROUP 3 AVIATION seeks the requested relief because the DJI Phantom 2 UAS and DJI Inspire 1

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

Therefore, GROUP 3 AVIATION will ensure that the DJI Phantom 2 and DJI Inspire 1 are in

airworthy condition based upon its compliance with the operating documents (i.e. DJI Phantom 2

and DJI Inspire 1 Instruction Manual, Monthly Maintenance Log) 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 and The Reason Petitioner 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 2 and DJI Inspire 1, which utilize a barometric pressure sensor, GPS equipment,

and a radio communications telemetry data link to downlink altitude information from the UA to the

PIC at the ground control station (GCS). Since the FAA requires that any altitude information con

cerning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL),

GROUP 3 AVIATION seeks the requested relief because the DJI Phantom 2 and DJI Inspire 1 UA’s al

timeter 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 2 and DJI

Inspire 1 are equipped with a barometric pressure sensor and GPS equipment, which automatically

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

PIC with altitude information of the UA on the heads-up display of the GCS.

4. Extent Of Relief and The Reason Petitioner 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 2 and DJI Inspire 1 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 4.5 minutes.

10GROUP 3 AVIATION seeks the requested relief because without an exemption from Section

91.151(b), the flight time duration of the battery powered DJI Phantom 2 and DJI Inspire 1 will

severely constrain the practicality of any aerial video or still photo flight operations that GROUP 3

AVIATION proposes to conduct pursuant to this Petition.

Significantly, as set forth below, the technical specifications of the DJI Phantom 2 UAS and DJI In

spire 1 UAS, the DJI Phantom 2 and DJI Inspire 1 operating documents, and GROUP 3 AVIATION

proposed operating limitations, ensure that GROUP 3 AVIATION will safely operate the battery

powered DJI Phantom 2 and DJI Inspire 1 during daylight hours in visual meteorological conditions

(VMC), under visual flight rules (VFR), 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.

5. Extent Of Relief and The Reason Petitioner 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, GROUP 3 AVIATION requests relief from these Sections

because the DJI Phantom 2 and DJI Inspire 1 do not require airworthiness certificates. As set forth

more fully below, the DJI Phantom 2 and DJI Inspire 1 meet the conditions of FMRA Section 333

for operation without an airworthiness certificate. Accordingly, GROUP 3 AVIATION will use trained

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

methods, techniques, and practices prescribed in the UAS operating documents (i.e., DJI Phantom

2 and DJI Inspire 1 Instruction Manual, Monthly Maintenance Log). Furthermore,

GROUP 3 AVIATION will document and maintain all maintenance records for the DJI Phantom 2

UAS and DJI Inspire 1 UAS.

D. The Reasons Why Granting GROUP 3 AVIATION 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 GROUP 3 AVIATION to

safely, efficiently, and economically perform aerial video and photography over certain areas of the

United States, providing high quality imaging for a variety of commercial, public, and residential uses

Additionally, use of the DJI Phantom 2 UAS and DJI Inspire 1 UAS will decrease congestion of the

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

GROUP 3 AVIATION ‘s proposed operation of the DJI Phantom 2 and DJI Inspire 1 will be realized

without implicating any privacy issues.

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

The DJI Phantom 2 UAS and DJI Inspire 1 UAS are battery powered and serve as a safe, efficient, and

economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery. By reduc

ing the amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the

use of a DJI Phantom 2 or DJI Inspire 1 would reduce the amount of manned aircraft in the NAS,

reduce noise and air pollution, as well as increase the safety of life and property in the air and on the

ground.

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

airports caused by arriving and departing aircraft will be reduced. The DJI Phantom UAS 2 and DJI

Inspire 1 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 opera

tions.

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

Inspire 1 UAS.

Conducting aerial acquisitions with the DJI Phantom 2 UAS and DJI Inspire 1 UAS, instead of

manned aircraft, will greatly benefit the public by drastically reducing the levels of air and noise pollu

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

battery power and electric motors, the DJI Phantom 2 and DJI Inspire 1 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 8-20 gallons per hour of leaded aviation fuel. The DJI Phantom 2 UAS and

DJI Inspire 1 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 2 and 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 substantially reduced or completely eliminated. Aside from

the lack of flight crew members located onboard the aircraft, the DJI Phantom 2 and DJI Inspire 1

UAS (weighing approximately 2 pounds 11 ounces and 6 pounds 7.5 ounces respectively, at their

maximum gross weights with lengths of 16 inches and 17.3 inches respectively, widths of 16

inches and 17.7 inches respectively, and with no fuel on board), has less physical potential for collat

eral damage to life and property on the ground, and in the air, compared to the manned aircraft that

typically conduct similar operations.

123. Performing Aerial Video and Photography Operations With The DJI Phantom 2 and DJI

Inspire 1 UASs Will Benefit The Economy.

In addition to being safe and efficient, the DJI Phantom 2 UAS and DJI Inspire 1 UAS are also

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

operation of the DJI Phantom 2 UAS and DJI Inspire 1 UAS will allow United States based companies,

like GROUP 3 AVIATION, 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

UAS,DJI Phantom 2 and DJI Inspire 1, 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 2 and DJI Inspire 1 UASs, companies such as GROUP 3 AVIATION,

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 2 UAS and 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,

GROUP 3 AVIATION’s proposed operation of the DJI Phantom 2 UAS and DJI Inspire 1 UAS

will not implicate any privacy issues. Specifically, the DJI Phantom 2 and DJI Inspire 1 will be

operated only in compliance with operating documents (i.e., and DJI Phantom 2 and DJI Inspire 1

Instruction Manual, Monthly Maintenance Log) which requires property owner involvement as well

as local law enforcement notification, and in accordance with the Federal Aviation Regulations, in

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

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

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

Which GROUP 3 AVIATION Seeks Exemption.

1. Reasons Why the DJI Phantom 2 UAS and DJI Inspire 1 UAS Meet the Conditions of the FAA

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

131. Reasons Why the DJI Phantom 2 UAS and DJI Inspire 1 UAS Meet the Conditions of the FAA

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

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

aircraft and its operation, GROUP 3 AVIATION’s operation of the DJI Phantom 2 UAS and

DJI Inspire 1 UAS meet the conditions of FMRA Section 333, and will not require an airworthiness

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

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

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

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

part:

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

days after the date of enactment of this Act, the Secretary of Transportation shall determine

if certain unmanned aircraft systems may operate safely in the national airspace system before

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

required by section 334 of this Act.

(b) Assessment of Unmanned Aircraft Systems. -

In making the determination under subsection (a), the Secretary shall determine, at a minimum -

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

speed, operational capability, proximity to airports and populated areas, and operation

within visual line of sight do not create a hazard to users of the national airspace

system or the public or pose a threat to national security; and

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

cation 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, GROUP 3 AVIATION submits that the DJI Phantom 2 UAS and 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 2 and DJI Inspire 1; (b) the pilot certification requirement; and

(c) the specific operating limitations.

14a. The Specifications Of The DJI Phantom 2 UAS and DJI Inspire 1 UAS Demonstrate Its Safe

Characteristics.

The DJI Phantom 2 and DJI Inspire 1 do not create a hazard to users of the NAS or the public, or

otherwise pose a threat to national security considering its size, weight, speed, and operational

capability.

i. Technical Specifications Of The DJI Phantom 2 UAS and DJI Inspire 1 UAS.

The technical specifications of the DJI Phantom 2 and DJI Inspire 1 UASs are set forth by the DJI

Phantom 2 and DJI Inspire 1 User Manuals, attached hereto as Appendix A and B.

ii. The DJI Phantom 2 UAS and DJI Inspire 1 UAS Autonomous Flight And Navigation Modes

Enable The UASs To Remain Within A Defined Operational Area.

The DJI Phantom 2 and DJI Inspire 1 UASs may be operated in both manual and fully autonomous

flight modes. A complete description of the flight and navigational modes of the DJI Phantom 2 and

DJI Inspire 1 UASs is provided at pages 25-35 of the DJI Phantom 2 and pages 12-16 and 45-50 of the

DJI Inspire 1 User Manuals, attached hereto as Appendix A and B.

iii. The DJI Phantom 2 and DJI Inspire 1 UASs Are Designed For Automatic Return To Home

Point or Hover In The Event Of Loss Of The Control Link Or Navigation.

When the Control Link is lost, the DJI Phantom 2 and DJI Inspire 1 UAs will remain stationary, in

flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 2 and DJI Inspire 1 UAs do not

reacquire control link data from the GCS, the UAs will assume that the Control Link is lost and the

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

sition and shutdown.

A complete description of the Failsafe Functions of the DJI Phantom 2 UAS are set forth at pages 27

through 29 and for the DJI Inspire 1 at pages 13 through 15 of the DJI Phantom 2 and DJI Inspire 1

User Manuals, attached hereto as Appendix A and B.

iv. The DJI Phantom 2 and DJI Inspire 1 GCS And Its Operation.

A complete description of the operation and specifications of the DJI Phantom 2 and DJI Inspire 1

GCS and flight control software is provided at pages 32 through 43 of the DJI Phantom 2 User Manual

and pages 40 through 47 of the DJI Inspire 1 User Manual. DJI Phantom 2 and DJI Inspire 1 User

Manuals are attached hereto as Appendix A and B.

15b. Flight Operations Of DJI Phantom 2 and DJI Inspire 1 UASs Are Limited To The Line Of Sight

of a Certificated Pilot in Command With A Safety Observer.

GROUP 3 AVIATION will be the only person to act as a pilot in command (PIC) of the DJI Phantom

2 and DJI Inspire 1 UASs. Additionally, a safety observer will assist him during flight time.

c. Flights Of DJI Phantom 2 and DJI Inspire 1 UASs Will Be Conducted Pursuant To Specific

Operat ing Limitations.

In seeking this exemption, GROUP 3 AVIATION proposes to commercially operate DJI Phantom 2

and DJI Inspire 1 UAS for the special purpose of conducting aerial video and photography over cer

tain 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 as a rotorcraft UAS weighing less

than 55 pounds maximum gross weight: DJI Phantom 2 and DJI Inspire 1 Unmanned

Aircraft Systems. Proposed operations of any other aircraft will require a new petition

or a petition to amend this grant.

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

purpose of aerial video and photography.

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

4. The UA must be operated at an altitude of no more than 500 feet above ground level

(AGL), as indicated by the procedures specified in the operating documents unless a

special request is made and approved by ATC. All altitudes reported to ATC must

be in feet AGL.

5. The UAs must be operated within visual line of sight (VLOS) of the PIC at all

times. This requires the PIC to be able to use human vision unaided by any device

other than corrective lenses, as specified on the PIC’s FAA-issued airman medical

certificate.

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

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

VLOS requirement as long as the PIC always maintains VLOS capability. The SO and

PIC must be able to communicate verbally at all times. Electronic messaging or texting

is not permitted during flight operations. The PIC must be designated before the flight

and cannot transfer his or her designation for the duration of the flight. The PIC must

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

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

avoiding other air traffic and other ground based obstacles/obstructions and is not permitted to

operate the camera or other instruments.

169. The operating documents and the grant of exemption must be accessible during UAS

operations and made available to the Administrator upon request. If a discrepancy exists

between the conditions and limitations contained in the grant of exemption and the

procedures outlined in the operating documents, the conditions and limitations contained

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

must follow the procedures as outlined in its operating documents. The operator may

update or revise its operating documents. It is the operator’s responsibility to track such

revisions and present updated and revised documents to the Administrator upon

request. The operator must also present updated and revised documents if it petitions

for extension or amendment to the grant of exemption. If the operator determines that

any update or revision would affect the basis upon which the FAA granted the

exemption, then the operator must petition for amendment to its grant of exemption.

The FAA’s UAS Integration Office (AFS-80) may be contacted if questions arise

regarding updates or revisions to the operating documents.

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

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

UAS, the aircraft is prohibited from operating until the necessary maintenance has been

performed and the UAS is found to be in a condition for safe flight. The Ground

Control Station must be included in the preflight inspection. All maintenance and

alterations must be properly documented in the aircraft records.

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

or flight characteristics, e.g. replacement of a flight critical component, must undergo a

functional test flight. The PIC who conducts the functional test flight must make an

entry in the aircraft records.

12. The pre-flight inspection must account for all potential discrepancies, e.g. inoperable

components, items, or equipment, not already covered in the relevant sections of the

operating documents.

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

overhaul, replacement, inspection, and life limit requirements.

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

requirements, in accordance with the operating documents. Maintenance, inspection,

alterations, and status of replacement/overhaul component parts must be noted in the

aircraft records, including total time in service, description of work accomplished, and

the signature of the authorized person returning the UAS to service.

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

Bulletins.

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

taken against discrepancies discovered between inspections.

1717. The PIC must possess at least a private pilot certificate and at least a current third- class

medical certificate.

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

qualification criteria and demonstrates the ability to safely operate the UAS in a

manner consistent with how the UAS will be operated under the exemption, including

evasive and emergency maneuvers and maintaining appropriate distances from persons,

vessels, vehicles and structures. PIC qualification flight hours must be logged in a

manner consistent with 14 C.F.R. § 61.51(b). Flights for the purposes of training the

operator’s PICs are permitted under the terms of the exemption. However, training

operations may only be conducted during dedicated training sessions. During training,

proficiency, and experience-building flights, all persons not essential for flight operations

are considered nonparticipants, and the PIC must operate the UA with appropriate

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

19. UAS operations may not be conducted during night, as defined in 14 C.F.R. § 1.1. All

operations must be conducted under visual meteorological conditions (VMC). If flight at

night is required, a special request will be made at the FAA office closest to proposed

area of operations. Flights under special visual flight rules (SVFR) are not authorized.

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

denoted on a current FAA-published aeronautical chart unless a letter of agreement with

that airport’s management is obtained, and the operation is conducted in accordance with

a NOTAM as required by the operator’s COA. The letter of agreement with the airport

management must be made available to the Administrator upon request.

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

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

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

determined 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, (except when a ‘blanket’ 200-foot COA is issued under new FAA policy).

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

18the ATO issued COA including class of airspace, altitude level and potential transponder

requirements.

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

number, registered in accordance with 14 C.F.R. part 47, and have identification (N-

Number) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must be as

large as practicable.

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

control of the UA must comply with the Federal Communications Commission (FCC) or

other appropriate government oversight agency requirements.

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

PIC at the Ground Control Station of the UAS any time the UAS is operating. These

documents must be made available to the Administrator or any law enforcement official

upon request.

29. The UAS 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 non

participating 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 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.

1933. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries

of the operational area as defined by the applicable COA must be reported to the FAA’s UAS

Integration Office (AFS-80) within 24 hours. Accidents must be

reported to the National Transportation Safety Board (NTSB) per instructions

contained on the NTSB Web site: www.ntsb.gov

2. Reasons Why An Exemption From The Requirements Of Section 61.113(a) and (b) Would Not

Adversely Affect Safety.

GROUP 3 AVIATION 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 2 UAS and DJI

Inspire 1 UAS unless that PIC has demonstrated, by meeting minimum flight-hour and currency

requirements, that the PIC is able to safely operate the DJI Phantom 2 or DJI Inspire 1 in a manner

consistent with the exemption, including evasive and emergency maneuvers and maintaining appro

priate distances from people, vessels, vehicles and structures.

Considering GROUP 3 AVIATION’s proposed area of operations, and the operating limitations set

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

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

safely operate the DJI Phantom 2 UAS or DJI Inspire 1 UAS, GROUP 3 AVIATION submits that the

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

the airmanship skills necessary for GROUP 3 AVIATION’s specific proposed flight operations.

The FAA has previously granted relief from Section 61.113(a) and (b) specific to UAS, in circum

stances 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).

GROUP 3 AVIATION will not allow any PIC to operate the DJI Phantom 2 UAS or DJI Inspire 1 UAS

unless that PIC has demonstrated, by meeting minimum flight-hour requirements or the DJI Phan

tom 2 UAS or DJI Inspire 1 UAS training and currency requirements, that the PIC is able to safely

operate the DJI Phantom 2 UAS or DJI Inspire 1 UAS in a manner consistent with this exemption,

including evasive and emergency maneuvers and maintaining appropriate distances from people, ves

sels, 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).

20As 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

GROUP 3 AVIATION’s proposed operations. The Administrator has held that prior documented

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

erations, stating as follows:

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

pose 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 rotor

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

operations under Exemption No. 11062, the PIC must also have accumulated and logged a

minimum of 5 hours as a UAS pilot operating the same make and model of UAS to be used for

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

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

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

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

plish 3 takeoffs and landings in the preceding 90 days (for currency purposes). The FAA finds

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

practice and build proficiency in the skills necessary to safely conduct the petitioner’s

proposed operations. The FAA also finds that prior documented flight experience that was

obtained in compliance with applicable regulations would satisfy this requirement. Training,

proficiency, and experience-building flights can also be conducted under the grant of

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

experience-building flights the PIC is required to operate the UA with appropriate distances in

accordance with 14 C.F.R 91.119.

Exemption No. 11138 at page 15.

Accordingly, GROUP 3 AVIATION will ensure safe operations by not allowing any PIC to operate

the DJI Phantom 2 or DJI Inspire 1 UAS unless that PIC has demonstrated, by meeting minimum

flight-hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 2 or DJI

Inspire 1 UAS in a manner consistent with the exemption, including evasive and emergency

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

213. 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, GROUP 3 AVIATION will ensure that the DJI Phantom 2 UAS or DJI Inspire 1 UAS is in an

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

the conditions and limitations herein.

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

stances 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 2 and DJI Inspire 1 UAs will be provided to the PIC via GPS equip

ment 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 GROUP

3 AVIATION’s operation of the DJI Phantom 2 and DJI Inspire 1 UAs within visual line of sight, at or

below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121. The altitude information

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

initiation point is automatically established by the UASs at ground level.

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

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

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

11161).

5. Reasons Why An Exemption From The Requirements Of Section 91.151(b) Would Not Ad

versely 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 2 and DJI Inspire 1 UASs;

(2) the limitations on the proposed flight operations; and (3) the location of the proposed flight op

erations. Accordingly, GROUP 3 AVIATION will ensure that it will safely operate the battery powered

DJI Phantom 2 UAS and DJI Inspire 1 UAS 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, as

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

22Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom 2 UAS and 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 by 14 C.F.R. Section 91.151(b). Fur

thermore, safety will be ensured as the DJI Phantom 2 UAS and DJI Inspire 1 UAS provide audible

and visual warnings to the PIC at the GCS when the UAs experiences low battery voltage, the first

warning occurring at approximately 33% remaining battery power, and again at approximately 10%

remaining battery power. At the critically low battery level, the DJI Phantom UAS and DJI Inspire 1

UAS will descend and land automatically at set home.

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 pre

scribed 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, GROUP 3 AVIATION submits that the equivalent level of safety with re

gard 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 GROUP 3 AVIATION

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., DJI

Phantom 2 and DJI Inspire 1 Instruction Manual, Monthly Maintenance Log). Furthermore,

GROUP 3 AVIATION will document and maintain all maintenance records for the DJI Phantom 2

UAS and DJI Inspire 1 UAS.

Since the DJI Phantom 2 UAS and DJI Inspire 1 UAS will be inspected as outlined by the

operating documents, GROUP 3 AVIATION 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 2 and DJI Inspire 1

User Manuals are attached hereto as Appendix A and B; a copy of the DJI Phantom 2 and DJI Inspire

1 UAS Maintenance LOG is attached hereto as Appendix C.

Likewise, the exemption sought will not adversely affect safety because GROUP 3 AVIATION 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.

23Furthermore, the exemption sought would maintain an equivalent level of safety established by Sec

tions 91.407, 91.417(a) and 91.417(b), because all maintenance of the DJI Phantom 2 UAS and DJI

Inspire 1 UAS will be performed by trained technicians. Maintenance will be documented and main

tained utilizing the monthly maintenance log.

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

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

technical characteristics and operating limitations of the UAS are considered.

In consideration of GROUP 3 AVIATION’s proposed operating limitations, the operating

documents, and the technical aspects of the DJI Phantom 2 and DJI Inspire 1 UASs, GROUP 3

VIATION 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, GROUP 3 AVIATION requests that the FAA prescribe

special conditions for the intended operation of the DJI Phantom 2 UAS and DJI Inspire 1 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 au

thority for such UAS to operate without airworthiness certification in accordance with any require

ments 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 2 UAS and DJI Inspire 1 UAS, since the airworthiness regu

lations 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 ap

propriate 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 amend

ments 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.

24Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R.

§ 21.16, for operation of the DJI Phantom 2 UAS and DJI Inspire 1 UAS, since the airworthiness regu

lations 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 amend ments thereto for the product. The special conditions are issued in

accordance with Part 11 of this chapter and contain such safety standards for the aircraft,

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

to that established in the regulations.

See 14 C.F.R. § 21.16.

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

special conditions for Leading Edge’s intended operation of the DJI Phantom 2 UAS and DJI Inspire 1

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).

25A Summary That Can Be Published in the Federal Register, stating:

The Rules From Which GROUP 3 AVIATION Seeks Exemption:

GROUP 3 AVIATION 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 GROUP 3 AVIATION Seeks:

This exemption will permit GROUP 3 AVIATION 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 GROUP 3 AVIATION’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, GROUP 3 AVIATION’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, GROUP 3 AVIATION will operate the DJI Phantom 2 UAS and 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.

26CONCLUSION

As set forth herein, GROUP 3 AVIATION 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 2 UAS and DJI Inspire 1 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 GROUP 3 AVIATION to safely, efficiently, and economically

operate the DJI Phantom 2 UAS and DJI Inspire 1 UASs commercially within the NAS.

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

Reform Act of 2012, Section 333, GROUP 3 AVIATION respectfully requests that the

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

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

91.417(a) & (b), and permit Leading Edge to operate the DJI Phantom 2 UAS and DJI Inspire 1 UAS

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

United States.

Dated: APRIL 10, 2015

Respectfully submitted,

PETER LOWRY, CFO

GROUP 3 AVIATION INC

_________________________ GROUP 3 AVIATION

16425 HART STREET, SUITE 211

VAN NUYS, CA 91406

818-994-9376

27Appendices:

A – DJI Phantom 2 Manual:

B – DJI Inspire 1 Specifications Data Sheet

C – Monthly Maintenance Log

28