### UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC
Docket Management Facility US DepartmentofTransportation 1200 NewJerseyAvenue, SEWest Building Ground Floor RoomW12-140 Washington, DC 20590

Regulatory Docket No.------

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: Paul Retherford 1

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF TITLE 14OF THE CODE OF FEDERAL REGULATIONS SECTIONS 61.113(a) & 

### (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a){1), 91.409(a){1) & 

### (a)(2), AND 91.417(a) & 

### {b) CONCERNING COMMERCIAL OPERATION OF DJI PHANTOM 3 UNMANNEDAIRCRAFTSYSTEMS

PURSUANTTO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACTOF 2012 {PUBLIC LAW 112-95)
Submitted on September 18, 2015
Paul Retherford, dba Paul Retherford Photography, LLC 816 BayStreet Petoskey, Michigan49770 Phone231-445-1793 Email: Paui@PauiRetherford.com www.PauiRetherford.com Drivers License#361 676 189 800

### 2

TABLE OF CONTENTS PAGE GLOSSARYOF ABBREVIATIONS....•....•.•••••••••.....•..•..•..•..•.•.•....•.....•.•......•..••............•..3 SUMMARY •••••..•.•.••...•.......•.••••.••••.••.••.•••.....•..•••.•••.••.•....••........•...•...••.••••.....•.•.••••••••..••.•.••.•.•...•. 4 INTRODUCTION AND INTERESTS OF PETITIONER....•.•....•.••••.....•...•..•••.••••.•.•.•..••.•.••.•...•••••4 BACKGROUND
.......................................................................................................................... 5 BASIS FOR PETITION.•...•.••.•••.••.•.•••..•..••.....•.•..••..•.••.••.••.••..........•....•.•.....•.•.•..•.••.••••.•••••••.....•.•.5 NAMEAND ADDRESS OF PETITIONER..•..•••••.•.•.•..••....•...........•......•.•........••.........•.......•...•.... 7 THE SPECIFIC SECTIONS OF 14C.F.R. FROMWHICH PAUL RETHERFORD SEEKS EXEMPTION•.•.•••.•...........•..••.•.•.••.............••.•.••.••.•....•.....•........•.•.•.•.•..•..•..•..•••.••.•••••••.•••••.•.•••••••.8 THE EXTENT OF RELIEF PAUL RETHERFORD SEEKSANDTHE REASON PAUL RETHERFORD SEEKSTHE RELIEF
...................................................................................11 THE REASONSWHY GRANTING PAUL RETHERFORD'S REQUESTWOULD BE IN THE PUBLIC INTEREST ...•......••.•.•..•......•....•.•..•.•.•......•......•...•..•.•.••...•.••.••.••••••••••.•..•.••...•.••.•14 THE REASONSWHY GRANTINGTHE EXEMPTION WOULD NOTADVERSELYAFFECT SAFETY•..•.•.•..••••..•.•....•...•.•••.•.•.•.••.•.•.•....•.•••••••.••••••••....••....•.•...•.••...•.•.•.••.•.••••••••••.••.•••.•.••••••••••16 CONCLUSION••••.•.•.•••..•.......•••..••••••...•....•••.•••••••••.•.•.•.••••.....•••.•••...•••••••...•••.•..•..••••.•••...••..••••.•••30

### AGL AOI ATC ATO AV CFR COA FAA FAR GCS GPS LOL NAS NOT AM PIC Section Section 333 

# so SOP UA UAS VFR VLOS VMC VTOL GLOSSARYOF ABBREVIATIONS

AboveGround Level AreaofInterest AirTrafficControl AirTrafficOrganization AerialVehicle Code of Federal Regulations CertificateofAuthorization FederalAviationAdministration FederalAviation Regulation Ground ControlStation Global Positioning System Loss ofLink NationalAirspaceSystem NoticetoAirman Pilot In Command 333 FAA Modernization and ReformActof2012 (FMRA) SafetyObserver Standard Operating Procedures UnmannedAircraft UnmannedAircraftSystem Visual Flight Rules Visual Line ofSite Visual Meteorological Conditions VerticalTakeoffan 

### 34

SUMMARY 

### Paul Retherford seeks exemption from the requirements of 14 C.F.R 

### §§61.113(a) & 

### (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) 

### &(a)(2), and 91.417(a) 

### & (b), to operate an Unmanned Aircraft System pursuantto Section 333 ofthe FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit Paul Retherford to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial video and photography for real estate photography, special events, wedding videography and photography, and landscape overcertain areas ofthe United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER 

### My name is Paul Retherford, and I am a Professional Photographer and Videographer, owner of Paul Retherford Photography, LLC, with expertise and knowledge in all aspects of photography, videography, and audio production. I have 14years ofprofessional experience in photography and videography, with over 500 Weddings, and I am recognized as an expert in this field. Paul Retherford has 1.5years ofrecreational/hobby experience in all aspects ofaerial video and photography. The objective of Paul Retherford's aerial video and photography operations is to provide high quality imaging for a variety of commercial, public, and residential uses, specificallytargeting:

•Wedding Photographyand Videography • Real Estate Photography • Land survey & 

### appraisals • Equipment Inspections • Nature and Landscape Photography • Coverage ofSporting events. • Increase public knowledge ofUAS and promote safe UAS operations.

### 5

BACKGROUND Unmanned Aircraft Systems: DJI Phantom 3 UASs Paul Retherford seeks an exemption to operate DJI systems for compensation or hire within the NAS. The DJI Phantom 3 are vertical takeoff and landing (VTOL) UnmannedAircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. The DJI Phantom 3 has a maximum gross weight ofapproximately 3 pounds 11 ounces, while having a length of 16 inches width of 16 inches, height of 8 inches, and a maximum speed of approximately29 knots. The DJI Phantom 3 UAS are equipped with four main rotors; driven by Lithium Polymer battery powered electric motors. The DJI Phantom 3 UAs that will be operated by Paul Retherford, will 

### be registered in accordance with 49 U.S.C. 44103, Registration ofAircraft, as well as 14 C.F.R Part47, Aircraft Registration, and marked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking. BASIS FOR PETITION Petitioner, Paul Retherford, 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 UAS in the NationalAirspace 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 ofthe speed, weight, size, and limited operating area associated with

### 6

the unmanned aircraft and its operation, Paul Retherford operation of DJI Phantom 3 UAS meets the conditions of FMRA Section 333 and therefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part21, Subpart H. Accordingly, Paul Retherford 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 maintenancethatonlyapplytoaircraftwith an airworthiness certificate. Paul Retherford submits that the requested relief is proper since an equivalent level of safety will be ensured. Paul Retherford will use experienced personnel or technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual). Furthermore, Paul Retherford will document and maintain all maintenance recordsforthe DJI Phantom 3 UAS. Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command, is requested by Paul Retherford to the extent necessary to allow a Pilot in Command (PIC) holding a private pilotor higher level certificate, as well as an airman medical certificate, and who has demonstrated, by meeting minimum flighthour and currency requirements, thatthe PIC is ableto safely operate the DJI Phantom 3 UASs in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distancesfrom people, vessels, vehicles and structures. Paul Retherford seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, because the DJI Phantom 3 UAS do not require an airworthiness certificate in accordancewith 14 C.F.R. Part 21, Subpart H. As such, Paul Retherford submits that he will ensurethatthe DJI Phantom 3 UASare in an airworthycondition, priorto everyflight, by determining thatthe UASsare in compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual), and thatthe aircraft are in a condition forsafeflight. 

### 7

Paul Retherford also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings, asthe OJI Phantom 3 UAwill not have a typical barometricaltimeter onboard. However, altitude information ofthe DJI Phantom 3 UAwill be provided tothe PICvia Global Positioning System (GPS) equipment and radio communications telemetry data link, whichdownlinks from the UA to the GCS for active monitoring ofthe flight path. This altitude information, combined with Paul Retherford's operation ofthe DJI Phantom 3 UASwithin visual line ofsight, atorbelow 500 feetAGL, will ensure a level ofsafetyequivalentto Section 91.121. Additionally, Paul Retherford seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions. Paul Retherford submits that safety will not 

### be affected by operation ofthe OJI Phantom 3 UAduring daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery powerto fly for a total duration of approximately 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, toflyafterthatfor at least4.5 minutes. In accordancewith 14C.F.R. 

### § 11.81, Paul Retherford providesthefollowing information in supportofhis petitionforexemption: A. NameAnd Address 

### OfThe Petitioner. The name and address ofthe Petitioner and point ofcontact is: Paul Retherford 816 BayStreet Petoskey, Michigan49770 231-445-1793 Email: Paui@PauiRetherford.com

### 8

B.The Specific Sections 

### Of14C.F.R. From Which Paul Retherford Seeks Exemption. 1. Paul Retherford Seeks Exemption From The Requirements 

### OfSection 61.113(a) and (b). Section 61.113, entitled Private pilot privileges and limitations: Pilot in command, subsections (a) and (b) prescribethefollowing, in relevant part: (a) Nopersonwho holdsa private pilotcertificate mayactas a pilot in command (PIC) of an aircraft that is carrying passengersorpropertyfor compensation orhire; normaythat person, for compensation or hire, actas PIC ofan aircraft. (b) A private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any business oremployment if- ( 1 ) Theflight is onlyincidentaltothat business oremployment; and (2) The aircraftdoes not carry passengers or propertyfor compensation or hire. 2. Paul Retherford Seeks Exemption From The Requirements

### OfSection 91.7(a). Section 91.7, entitled Civil aircraft airworthiness, subsection (a), statesthefollowing: (a) Noperson mayoperate a civil aircraft unless it is in an airworthycondition. 3. Paul Retherford Seeks Exemption FromThe Requirements

### OfSection 91.121. Section 91.121, entitledAltimetersettings, subsection (a), statesthefollowing, in part: (a) Each person operating an aircraft shall maintain the cruising altitude orflight level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating- (1) Below 18,000feet MSL, to- (i) The current reported altimeter setting ofa station along the route and within 100 nautical miles ofthe aircraft;9

(ii) Ifthere is nostationwithinthe area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an appropriate available station; or (iii) In the case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available before departure. 4. Paul Retherford Seeks Exemption FromThe Requirements OfSection 91.151(b). Section 91.151, entitled Fuel requirements for flight in VFR conditions, subsection (b), statesthefollowing: (b) No person maybegin aflight in a rotorcraft underVFR 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. Paul Retherford Seeks Exemption FromThe Requirement OfSection 91.405(a). Section 91.405, entitled Maintenance required, subsection (a), statesthefollowing: Each owneroroperatorofan aircraft- (a) Shall have that aircraft inspected as prescribed in subpart E ofthis part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part43ofthis chapter[.] 6. Paul Retherford Seeks Exemption From The Requirements Of Section 91.407(a)(1) Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, oralteration, subsection (a)(1), statesthefollowing: (a) No person may operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, oralteration unless--10
( 1 ) It has been approved for return to service by a person authorized under § 43.7 ofthis chapter[.] 

### 7. Paul Retherford Seeks Exemption From The Requirements Of 

### Sections 91.409(a)(1) 

### And 91.409(a)(2). Section 91.409, entitled Inspections, subsection (a), statesthefollowing: (a) Exceptas provided in paragraph (c) ofthis section, no person mayoperate an aircraft unless, within the preceding 12 calendar months, it has had -- (1) An annual inspection in accordancewith part43 ofthis chapter and has been approved for return to service bya person authorized by§43.7ofthis chapter; or (2) An inspection for the issuance of an airworthiness certificate in accordance with part21 ofthis chapter. 

### 8. Paul Retherford 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) Exceptforworkperformed in accordancewith §§ 91.411 and 91.413, each registered owner or operator shall keep thefollowing recordsforthe periods specified in paragraph (b) ofthissection: (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 ofan aircraft. The records must include-- (i) A description (or reference todata acceptabletotheAdministrator) of thework performed; and (ii) Thedate ofcompletion oftheworkperformed; and (iii) The signature, and certificate number of the person approving the aircraftfor return to service. (2) Records containing the following information:11
(i) The total time in service ofthe 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 ofall items installed on the aircraftwhich are required to be overhauled on aspecified time basis. (iv) The current inspection status ofthe aircraft, including the time since the last inspection required by the inspection program under which the aircraftand itsappliances are maintained. (v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method ofcompliance, theAD or safety directive number and revision date. Ifthe 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) ofthis 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 orfor 1 yearafterthework is performed. (2) The records specified in paragraph (a)(2) of this section shall be retained and transferred with the aircraftatthetimetheaircraft issold. (3) A list of defects furnished to a registered owner or operator under§ 43.11 ofthis chapter shall be retained until the defects are repaired and the aircraftisapprovedfor return toservice. C. The Extent Of Relief Paul Retherford Seeks And The Reason Paul Retherford Seeks The Relief. 1. Extent Of Relief Paul Retherford Seeks And The Reason Paul Retherford Seeks Relief From Section 61.113(a) And (b).12

Relieffrom Section 61.113(a) and (b) entitled Private pilot privileges and limitations: Pilot in command, is requested tothe extent necessaryto allow a PIC holding a private pilot orhigher level certificate, as well as a current and valid airman medical certificate, and who has met certain flight-hour and currency requirements, to conductthe proposed UASflight operationsfor compensation or hire. This relief is requested since the limitations setforth in Section 61.113(a) and {b) state that a private pilot may, forcompensation orhire, act as PIC ofan aircraft in connection with any business or employment if: {1) The flight is only incidental tothat business oremployment; and (2) The aircraftdoes notcarry passengers orpropertyforcompensation orhire. As setforth more fully below, Paul Retherford submits that an equivalent level ofsafety will be maintained because no PIC will be allowed to operate the DJI Phantom 3 UAS unless that PIC has met certain flight-hour and currency requirements, demonstrating that the PIC is able to safely operate the DJI Phantom 3 UAS in a manner consistent with the operations specifications as described in this exemption, including evasive and emergency maneuvers, as well as maintaining appropriate distancesfrom people, vessels, vehicles and structures. Further, Paul Retherford submits that all flights ofthe DJI Phantom 3 UAS conducted by the PIC pursuant to the grant of this Petition: (1) will 

### be incidental to Paul Retherford Photography, LLC; and (2)will notcarry passengers or propertyforcompensation or hire. 

### 2. Extent Of 

### Relief Paul Retherford SeeksAndThe Reason Paul Retherford Seeks Relief From Section91.7(a). Relieffrom Section 91.7(a) entitled Civil aircraftairworthiness, is requested tothe extent required to allow Paul Retherford to determine that the DJI Phantom 3 UAS are in airworthy condition prior to every flight by ensuring that the UAS is in compliance with the operating documents (i.e., the Paul Retherford Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual). Paul Retherford seeks the requested relief because the DJI Phantom 3 UAS does not require an airworthiness certificate in accordance with 14 C.F.R. Part21, Subpart H.Therefore, Paul Retherford will ensure that the DJI Phantom 3 UAS are in airworthycondition based upon its compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual) priorto everyflight.

### 13

3. Extent Of Relief Paul Retherford Seeks And The Reason Paul Retherford 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 3UAS, which utilize a barometric pressure sensor, GPS equipment, and a radio communicationstelemetry data linkto downlinkaltitude information from the UA to the PIC atthe ground control station (GCS). Since the FAA requiresthat anyaltitude information concerning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL), Paul Retherford seeks the requested relief because the DJI Phantom 3 UA's altimeter may be set on the ground to zero feet AGL, rather than the local barometric pressure or field altitude, before each flight. Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is sought to the extent necessary to comply with the applicable conditions and limitations stated below. As more fully set forth herein, an equivalent level of safety will be maintained since the DJI Phantom 3 UA are equipped with a barometric pressure sensor and GPS equipment, which automatically ensuresthat 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 displayofthe GCS. 4. Extent Of Relief Paul Retherford Seeks And The Reason Paul Retherford 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 UA during daylight hours in visual meteorological conditions (VMC), undervisualflight rules (VFR), for a total duration of 13.5 minutes to the first point ofintended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes. Paul Retherford seeks the requested relief because without an exemption from Section 91.151{b), the flight time duration of the battery powered DJI Phantom 3 UAwill severely constrainthe practicality ofany aerial video or still photoflight operationsthat Paul Retherford proposesto conduct pursuanttothis Petition. Significantly, as set forth below, the technical specifications ofthe DJI Phantom 3 UAS operating documents, and Paul Retherford's proposed operating limitations, ensure that Paul Retherford will safely operate the battery powered DJI Phantom 3 UA during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery

### 14

power to fly fora total duration of 15 minutestothe first point ofintended landing and, assuming normal cruising speed, tofly afterthatforat least5 minutes. 5. Extent 

### Of Relief Paul Retherford Seeks And The Reason Paul Retherford 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, Paul Retherford requests relief from these Sections because the DJI Phantom 3 UAS do not require airworthiness certificates. Assetforth more fully below, the DJI Phantom 3 UAS meet the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingly, Paul Retherford 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 Paul Retherford Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual). Furthermore, Paul Retherford will document and maintain all maintenance records forthe DJI Phantom 3 UAS. D. The Reasons Why Granting Paul Retherford's Request Would Be In The Public Interest; That 

### Is, HowItWould BenefitThe PublicAsA Whole. Granting the present Petition will further the public interest by allowing Paul Retherford to safely, efficiently, and economically perform aerial video and photography of real estate, weddings, nature, and landscape over certain areas of the United States. Additionally, use of the DJI Phantom 3 UAS will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the economy. Notably, the benefits ofPaul Retherford proposed operation ofthe DJI Phantom 3 UASwill be realized without implicating anyprivacy issues. 1.The PublicWill Benefit From Decreased Congestion 

### OfThe NAS. The DJI Phantom 3 are battery powered and serve as a safe, efficient, and economical alternative to the manned aircrafttraditionally utilized to obtain aerial imagery. By reducing the amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use

### 15

of a DJI Phantom 3 UAS would reduce the amountofmanned aircraft in the NAS, reduce noise and air pollution, aswell as increasethe safetyoflife and property in the airand 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 UA do not require an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial video and photography missions would result in fewer aircraft that must be handled by air traffic control during the ground, takeoff, departure, arrival, and landing phases offlight operations. 

### 2. The Public Will Benefit From The Safety And Efficiency 

### OfThe DJI Phantom 3 UAS. Conducting aerial acquisitions with the DJI Phantom 3 UAS, instead ofmanned aircraft, will greatly benefit the public by drastically reducing the levels of air and noise pollution generated during traditional aerial video and still photographyflight operations. By using battery power and electric motors, the DJI Phantom 3 UAS produce no air pollution, and is the most viable environmentallycconscious alternativetothe 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 UA, while reducing the carbon footprint ofaerial acquisitions, also eliminates noise pollution, as the UAs are propelled by battery powered electric motors, ratherthan an internal combustion engine. By using the DJI Phantom 3 UAS to perform aerial acquisitions, thesubstantial riskto life and property in the air and on the ground, which is usually associated with traditional manned aircraft flight operations, will be substantially reduced or completely eliminated. Aside from the lack of flight crew members located onboard the aircraft, the DJI Phantom 3 UA (weighing approximately 2 pounds 11 ounces at their maximum gross weights with lengths of 16 inches and widths of 16 inches, and with no fuel on board), has less physical potential for collateral damage to life and property on the ground, and in the air, compared tothe manned aircraftthat typically conduct similar operations (weighing approximately 6,000 pounds with a wingspan of approximately42feet, a length of34 feet, and afuel capacity of 180 gallons). 

### 3. Performing Aerial Video and Photography Operations With The DJI Phantom 3 UASWill BenefitThe Economy.

### 16

In addition to being safe and efficient, the DJI Phantom 3 UAS are also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the DJI Phantom 3 UAS will allow United States based companies, like Paul Retherford, to remain competitive and contribute to growth ofthe U.S. economy. Specifically, with the rising cost of aviation fuel and the Environmental Protection Agency ("EPA") regulatory actions phasing out leaded aviation fuels, U.S. owned and operated companies must adopt new and alternative technology in order to remain competitive. Operating the battery powered DJI Phantom 3 UAS is one such technology that allows companies greater operational flexibility compared to manned aircraft, and provides such flexibilitywithoutthe high operational costofa traditional aircraft. By operating the DJI Phantom 3 UAS, companies can remain competitive and profitable, and therefore, provide sustained employment for contractors, which will ultimately contribute to improved financial performance of U.S. companies. The DJI Phantom 3 UAS provides employment which improves local, state, and federal research and development in order to improve knowledge and acceptance ofUAS in U.S.territoryand abroad. 4. ThereAre No Privacy Issues. 

### Similar to the manned aerial acquisition flight operations that have been conducted for decades, Paul Retherford's proposed operation ofthe DJI Phantom 3 UASwill not implicate any privacy issues. Specifically, the DJI Phantom 3 UAS will be operated only in compliance with operating instructions, Aerial Operations Manual, Monthly Maintenance, DJI Phantom Instruction Manual) which requires knowledge of local law enforcement notification, and in Regulations, including the minimum altitude. E.The ReasonsWhyGrantingThe ExemptionWould NotAdverselyAffectSafety, Or How The Exemption Would Provide A Level OfSafetyAt Least EqualToThat Provided ByThe Rule FromWhich Paul Retherford Seeks Exemption. 1. Reasons Why The DJI Phantom 3 UAs Meet The Conditions of the FAA Modernizationand ReformActof2012 (FMRA) Section333.

### 17

In consideration of the size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, Paul Retherford's operation ofthe DJI Phantom 3 UAS meet the conditions of FMRA Section 333, and airworthiness certificate in accordance with 14 C.F.R. Part21. 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 ofthe NAS orthe public, orotherwise pose athreatto national security. Specifically, FMRA Section 333statesthe following, in part: (a) In GeneraL--Notwithstanding any other requirement ofthissubtitle, and not laterthan 180 days after the date of enactment ofthis Act, the Secretary ofTransportation shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion ofthe plan and rulemaking required by section 332 ofthisAct orthe guidance required bysection 334 ofthisAct. (b) Assessment of Unmanned Aircraft Systems.--ln making the determination under subsection (a), the Secretaryshall determine, ata 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 ofthe national airspace system orthe publicorposeathreatto 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 ofunmanned aircraftsystems identified under paragraph ( 1 ). (c) Requirements for Safe Operation.--lfthe Secretarydetermines underthis section that certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall establish requirementsforthe safe operation ofsuch aircraft systems in the national airspacesystem. In seeking this exemption, Paul Retherford submits that the DJI Phantom 3 UAS can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the DJI Phantom 3 UAS; (b) the pilot certification requirement; and (c) the specific operating limitations.

### 18

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

### The OJI Phantom 3 UASsdoes not create a hazard to users ofthe NAS orthe public, or otherwise pose a threat to national security considering its size, weight, speed, and operational capability. i.TechnicalSpecificationsOfThe DJI Phantom 3 UAS 

### The technical specifications of the DJI Phantom 3 UASs are set forth by the DJI Phantom Specifications in AppendixA. ii. The DJI Phantom 3 UASs Autonomous Modes Enable The UASs To RemainWithinA Defined OperationalArea. 

### The DJI Phantom 3 UASs may be operated in both manual and fully autonomous flight modes. A complete description ofthe flight and navigational modes ofthe OJI Phantom 3 UAS is provided atpages 25-35 ofthe DJI Phantom 3 users manual. 1 User Manuals, available for complete view at http://download.dji-innovations.com/downloads/phantom
_3/en/Phantom _ 3 _Professional_User_ Manual_v1.4_en_0915.pdf. iii. The DJI Phantom 3 UAS Are Designed For Automatic Return To Home Point Or Hover In The Event Of Loss OfThe Control Link Or Navigation. 

### When the Control Link is lost, the DJI Phantom 3 UA

### will remain stationary, in flight, for 3 seconds or more. If, after3 seconds, the DJI Phantom 3 UAdoes not reacquire control linkdata from the GCS, the UA 

### will assume that the Control Link is lost and the UAswill return to the home position (i.e., failsafe mode) via GPS and will descend to the takeoff position and shutdown.

### 19

A complete description ofthe Failsafe Functions ofthe DJI Phantom 3 UAS are setforth at pages 27through 29 ofthe DJI Phantom 3 UserManuals, attached hereto as Exhibit C. iv. The DJI Phantom 3 GCS And Its Operation. A complete description of the operation and specifications of the DJI Phantom 3 GCS and flight control software is provided at pages 32 through 43 of the DJI Phantom 3 User Manual. DJI Phantom 3 User Manuals are attached hereto as Exhibit C. b. Flight Operations Of DJI Phantom 3 UAS Are Limited ToThe Line OfSight

### OfA Certificated Pilot in Command. Paul Retherford will only utilize certificated pilotswho possess a current and valid airman medical certificate toact as a pilot in command (PIC) ofthe DJI Phantom 3 UAS.

c. Flights Of DJI Phantom 3 UAS Will Be Conducted Pursuant To SpecificOperating Limitations. In seeking this exemption, Paul Retherford proposes to commercially operate DJI Phantom 3 UAS forthe special purpose ofconducting aerialvideo and photographyovercertain areas ofUnited States, pursuanttothefollowing specific operating limitations: 1. Operations authorized bythis grantofexemption will be limited to the following aircraft described in the operating documents, rotorcraft UASs weighing less than 55 pounds maximum gross weight: DJI Phantom and Unmanned Aircraft Systems. Proposed operations ofanyaircraftwill require a new petition ora petition toamend this grant. 2. UAS operations underthis exemption will be limited to conducting operations for the purpose ofaerialvideo and photography. 3.The UAsmaynot beflown atan indicated airspeed exceeding 2 knots. 4. The UA must be operated at an altitude of no more than 500feet above ground level (AGL), as indicated by the procedures specified in the operating documents unless a special request is made and approved byATC. All altitudes reported toATC must be in feetAGL.

### 20

5. The UAs must be operated within visual line ofsight (VLOS) ofthe PIC at all times. This requires the PIC to be able to use human vision unaided by any device otherthan corrective lenses, as specified on the PIC's FAA-issued airman medical certificate. 6. The useoffirst person view (FPV) bythe PIC orsafetyobserver (SO) is not permitted. 7. All operations must utilize a safety observer (SO). The SO may be used to satisfythe VLOS requirement as long as the PIC always maintains VLOS capability. The SO and PIC must beable to communicate verballyatall times. Electronic messaging ortexting is not permitted during flight operations. The PIC must 

### be designated beforetheflight and cannot transfer his or her designation forthe duration ofthe flight. The PIC mustensure thatthe SO can performthefunctions 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 operatethe camera orother instruments. 9. The operating documents and the grant ofexemption must be accessible during UAS operations and made available tothe Administrator upon request. Ifa discrepancyexists 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 totrack such revisions and present updated and revised documentsto theAdministrator 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 ifquestions arise regarding updates orrevisionstothe operating documents. 10. Priorto each flightthe PIC must inspectthe UASto ensurethat it is in a conditionfor 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

### beincluded in the preflight inspection. All maintenance and alterations must be properlydocumented in the aircraft records.

### 21

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 makean entry in the aircraft records. 12. The pre-flight inspection must accountfor 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, includingtotal time in service, description ofworkaccomplished, and the signature ofthe authorized person returning the UAStoservice. 15. Each UASs operated underthis exemption mustcomplywith all manufacturer Safety Bulletins. 16. The authorized person must make an entry in the aircraft record of the corrective action taken againstdiscrepancies discovered between inspections. 17. The PIC must possess at least a private pilot certificate and at least a currentthirdclass medical certificate. 18. The operator may not permitany PIC to operate unlessthe PIC meetsthe 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 notessential forflight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distancefrom nonparticipants in accordancewith 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 undervisual meteorological conditions {VMC). Ifflight at

### 22
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 letterofagreementwith that airport's management is obtained, and the operation is conducted in accordance with a NOT AM as required by the operator's COA. The letter of agreement with the airport management must be made available tothe Administrator upon request. 21. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontallyfrom a cloud orwhen visibility is lessthan 3 statute milesfrom the PIC. 22. If the UA loses communications or loses its GPS signal, it must return to a predetermined location within the planned operating area and land or be recovered in accordance with the operating documents. 23. The PIC must aborttheflight in the eventofunpredicted obstacles oremergencies 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 pointand land the UAwith 25% battery power remaining. 25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting any operations under the grant of exemption. This COA will also require the operator to request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation. All operations shall be conducted in accordance with airspace requirements in the ATO issued COA including class ofairspace, 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 (NNumber) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must be as large as practicable. 27. Before conducting operations, the radio frequency spectrum used for operation and control ofthe UA must comply with the Federal Communications Commission (FCC) or otherappropriate governmentoversightagency requirements. 28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be availableto the PIC atthe Ground Control Station ofthe UAS anytime the UAS is operating. These

### 23

documents must be made available to the Administrator or any law enforcement official upon request. 29. The UA must remain clear and yield the right of way to all manned aviation operations and activities atall times. 30. The UAS maynot be operated bythe PIC from anymoving device orvehicle. 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 personsfrom the UAand/ordebris in the event ofan accident. The operator must ensure that nonparticipating persons remain under such protection. Ifasituation arises where nonparticipating persons leave such protection and are within 500 feet ofthe UA, flight operations must cease immediatelyand/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 ofthe 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 tothose persons per§ 91.119(a). 32. All operations shall be conducted over private or controlled-access property with permission from the landowner/controller or authorized representative. Permission from land owner/controller or authorized representative will be obtained for each flight to be conducted. 33. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the FAA's UAS Integration Office (AFS-80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site:www.ntsb.gov. 2. Reasons Why An Exemption From The Requirements 

### Of Section 61.113(a) And (b) Would NotAdverselyAffect Safety.

### 24

Paul Retherford submits that the equivalent level of safety established by Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate the DJI Phantom 3 UAS unless that PIC has demonstrated, safety and currency requirements, that the PIC is able to safely maneuver the DJI Phantom 3 UAS in a manner consistent with the owner's manual and maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Considering the proposed area of operations, and the operating limitations set forth-above; the parallel nature of private pilot aeronautical knowledge requirements to those of commercial pilot requirements (See Exemption No. 11062); and the airmanship skills necessary to safely operate the DJI Phantom 3 UAS, Paul Retherford submitsthat the additional manned airmanship experience ofa commercially certificated pilot would not correlate to the airmanship skills necessary for this specific proposed flight operations. The FAA has previously granted relieffrom Section 61.113(a) and (b) specificto UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112,11136, 11138, 11150, 11153, 11156, 11158,11159, 11160, 11161). Paul Retherford will notallow any PIC to operatethe DJI Phantom 3 UAS unless that PIC has demonstrated, by meeting minimum flight-hour requirements or the DJI Phantom 3 UAS training and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distancesfrom people, vessels, vehicles and structures. Specifically, the PIC must have accumulated and logged, in a mannerconsistent with 14 C.F.R. 

### § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of5 hours ofthose 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 3takeoffs and landings in the preceding 90days (for currencypurposes). As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that was obtained in compliance with applicable regulations will ensure an equivalent level of safety during the proposed operations. The Administrator has held

### 25

that prior documented flight experience that was obtained in compliancewith applicable regulationswould ensure safe operations, stating asfollows: In Exemption No. 11062, the FAA required that priorto conducting operationsfor the purpose of motion picture filming (or similar operations), the PIC must have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours oftotal time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi-rotor UAS. Prior to operations under Exemption No. 11062,the PIC must also have accumulated and logged a minimum of 5 hours as a UAS pilot operatingthesame make and model ofUAStobe used foroperations 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 1 0 hoursofmulti-rotortime and the 1 0 hours may be included in the total 25 hours of UAS rotorcraft time. In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes). The FAAfindsthatata minimum, theflighthour 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 regulationswould satisfythis 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 operatethe UAwith appropriate distances in accordancewith 14 C.F.R 91.119. Exemption No. 11138 at page 15. Accordingly, Paul Retherford will ensure safe operations by not allowing any PIC to operatethe DJI Phantom 3 UAS unless that PIC has demonstrated, by meeting minimum flight-hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distancesfrom people, vessels, vehiclesand structures.

### 26



### 3. Reasons Why An Exemption From The Requirements 

### OfSection 91.7(a) Would NotAdverselyAffect Safety. The equivalent level of safety established bySection 91.7(a) will be maintained because prior to everyflight, Paul Retherford will ensure that the DJI Phantom 3 UAS is in an airworthy condition based upon the UAS's compliance with its operating documents and as stated in the conditions and limitations herein. Additionally, the FAA has previously granted relieffrom Section 91.7(a) specificto UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153,11156, 11157,11158,11159, 11160, 11161). 

### 4. Reasons Why An Exemption From The Requirements 

### OfSection 91.121 Would NotAdverselyAffect Safety. The equivalent level of safety established by Section 91.121 will be maintained because the altitude information ofthe DJI Phantom 3 UAwill be provided to the PIC via GPS equipment and a radio communications telemetry data link, which downlinks from the UAto the GCS for active monitoring of the flight path and altitude. This altitude information, combined with knowledgeable operation ofthe DJI Phantom 3 UAS within visual line ofsight, at or below 500 feet AGL, will ensure a level ofsafety equivalentto Section 91.121. The altitude informationwill be generated by GPS equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiation point is automatically established bythe UASsatground 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 NotAdverselyAffectSafety. A grant ofthis 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 ofthe DJI Phantom 327

UAS; (2) the limitations on the proposed flight operations; and (3) the location ofthe proposed flight operations. Accordingly, Paul Retherford will ensure that it will safely operate the battery powered DJI Phantom 3 UAS during daylight hours in VFR conditions, with enough battery power to fly for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly afterthatforat least4.5 minutes. Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom 3 UAS; the limitations on the proposed flight operations; and the location of the proposed operations, will ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b). Furthermore, safetywill be ensured as the DJI Phantom 3 UAS provide audible and visual warnings to the PIC at the GCS when the UA experiences low battery voltage, thefirstwarning occurring atapproximately 25% remaining battery power, and again at approximately 10% remaining battery power.Atthe critically low batterylevel, the DJI Phantom 3 UASwill 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 ofthe UAS are considered. Reliefhas been grantedfor manned aircrafttooperate at less than the minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted relief from Section 91.151 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157,11158,11159, 11160, 11161). 6. Reasons Why An Exemption From The Requirements 

### Of Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & 

### (b) Would NotAdversely Affect Safety. In seeking this exemption, Paul Retherford 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 Paul Retherford 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 Paul Retherford Aerial Operations Manual, Monthly Maintenance28
Log, and DJI Phantom 3 Instruction Manual). Furthermore, Paul Retherford will document and maintain all maintenance recordsforthe DJI Phantom 3 UAS. Since the DJI Phantom 3 UAS will be inspected as prescribed by the operating documents, Paul Retherford will maintain the equivalent level ofsafety established bySections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of the DJI Phantom 3 User Manuals are attached heretoas Exhibit C. Likewise, the exemption soughtwill not adversely affectsafety because Paul Retherford will use trained technicians to perform maintenance, alterations or preventive maintenance on the UAS usingthe methods, techniques, and practices prescribed bythe 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 ofthe DJI Phantom 3 UAS 

### will be performed bytrained technicians. Maintenancewill be documented and maintained utilizing the monthly maintenance log. Significantly, previous exemptions granted by the FAA concerning Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not adversely affectedwhen thetechnical characteristics and operating limitations ofthe UASare considered. In consideration ofthe proposed operating limitations, the operating documents, and the technical aspects of the DJI Phantom 3 UAS, Paul Retherford 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 PrescribeAnyOtherConditions ForSafe 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, 7UDYLV1HXEHU requeststhatthe FAA prescribe special conditions for the intended operation ofthe DJI Phantom 3 UAS, which contain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart 

### H, and 14 C.F.R 

### §§ 61.113(a) 

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

### &(a)(2), and 91.417{a) & (b). Such special conditions will permit safe operation of the UAs for the limited29

purpose ofconducting aerial video and photography over certain areas ofthe United Statesfor compensation or hire. FMRA Section 333 sets forth the requirementsforconsidering whethera 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 forthe safe operation ofthe UAS in the NAS. Likewise. the Administrator may prescribe special conditions pursuant to 14 C.F.R. 

### § 21.16, for operation of the DJI Phantom 3 UASs, since the airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate safety standards, due to the novel or unusual design features of the aircraft. Section 21.16, entitled Special Conditions, states the following: If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller because ofa novel or unusual design feature ofthe 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 ofthis chapter and contain such safety standards for the aircraft, aircraft engine or propeller as the FAA finds necessary to establish a level ofsafetyequivalenttothat 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 ofthe DJI Phantom 3 UASs, which contain such safety standards that the Administrator finds necessaryto establish a level ofsafety equivalent to that established by 14 C.F.R. Part21, Subpart H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).



### • A Summary That Can Be Published In The Federal Register, stating: The Rules FromWhich Paul Retherford Seeks Exemption:30

Paul Retherford 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 

### OfThe Nature

### OfThe Exemption Paul Retherford Seeks: This exemption will permit Paul Retherford to commercially operate an Unmanned Aircraft System (UAS) for the purpose ofconducting aerial video and photography overcertain areas ofthe United States. 

### Any Additional Information, Views, Or Arguments Available To Support Paul Retherford"s Request. This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA) Section 333, which directs the Secretary ofTransportation to determine if certain UAS may operate safely in the NAS. As such, Paul Retherford'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 setsforth the requirementsfor considering whethera UAS will create a hazard to users ofthe NAS orthe public, or otherwise pose a threat to national security; and further, providestheauthorityforsuch UASto operatewithout airworthiness certification. As discussed in detail above, Paul Retherford will operate the DJI Phantom 3 UASs safely in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a threatto national security. 

### CONCLUSION Assetforth herein, Paul Retherford seeks an exemption pursuant to 14 C.F

### .R. 

### § 11.61 and Section 333 ofthe FAA Modernization and Reform Act of2012 (FMRA), which will permit safe operation ofthe DJI Phantom 3 UASscommercially, without an airworthinesscertificate, for the limited purpose ofconducting aerial video and photographyover certain areasofthe United States. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate ofthe FAA Modernization and Reform Act of2012, while also advancingthe interests ofthe public, byallowing Paul Retherford to safely, efficiently, and economically operate the DJI Phantom 3 UASscommerciallywithinthe NAS.31



### WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of2012, Section 333, Paul Retherford respectfully requeststhat 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 Paul Retherford Photography, LLC to operate the DJI Phantom 3 UASscommerciallyforthe purpose ofconducting aerial video and photographyover certain areas ofthe United States. Dated: September 18, 2015 Respectfullysubmrtii

# d~.**~~·** . _ ....... Paul Retherford**--,1-',of.~-H"..q--+-~~~~----:1----** 

### -1" Appendices: A- DJI Phantom 3 Professional SpecSheet

### 32

AppendiceA



### Aircraft Weight (Including BatteryAnd Propellers)
1280g DiagonalSize (Including Propellers)
590mm MaxAscentSpeed
5 m/s Max DescentSpeed
3 m/s HoverAccuracy

• Vertical: +/- 0.1 m (when Vision Positioning is active)**or+/~** 0.5 m

### 33

•**Hori:zontal:+/~1.5m**
Max Speed
16 m/s (A TTl mode, no wind) MaxAltitude Above Sea Level
6000 m OperatingTemperature

GPS Mode
GPS/GLONASS 

### Camera Sensor Sony EXMOR 1/2.3" Effective pixels: 12.4 M (total pixels: 12.76 M) Lens
FOV 94" 20 mm (35 mm format equivalent) f/2.8, focus at co ISO Range
100-3200 (video) 100-1600 (photo) Shutter Speed8s -1/8000s Image Max Size
4000 X 3000 Still Photography Modes

• Single Shot • BurstShooting: 3/5/7 shots • Auto Exposure Bracketing (AEB): 3/5
e Bracketed Frames at 0.7EV Bias •**Time~iapse**
Video Recording Modes 

### Phantom 3 Professional

• U HD: 4096x2160p 24/25, 3840x2160p 24/25/30 • FHD: 1920x1080p 24/25/30/48/50/60

• HD: 1280x720p 24/25/30/48/50/60 

### Phantom 3 Advanced

• 2.7K: 2704 x1520p 24/25/30 (29.97) • FHD: 1920x1080p 24/25/30/48/50/60

• HD: 1280x720p 24/25/30/48/50/60
Supported SD CardTypes 34

### 35

Micro SD Max capacity: 64GB. Class 10 or UHS-1 rating Max Bitrate OfVideoStorage 

### Phantom 3 Professional
60 Mbps 

### Phantom 

### 3 Advanced
40 Mbps Supported File Formats

• FAT32/exFAT • Photo: JPEG, DNG • Video: MP4, MOV (MPEG-4 AVC/H.264)
OperatingTemperature



### Gimbal Controllable Range
Pitch -90"' to +30° Stabilization
3--axis (pitch, roll, yaw)

### Vision Positioning

Remote Controller 36

MaxVelocity

Altitude Range
30**cm~300** em Operating Range
30 cm-300 em Operating Environment
Surfacewith clear pattern and adequate lighting {lux> 15)
Operating Frequency
2.400 GHz-2.483 GH:z Max Distance
2000m (outdoors and unobstructed) VideoOutput Port 

### USB OperatingTemperature

### Battery Charger Battery

Mobile Device Holder
Fortablet or phone Receiver Sensitivity (1%PER}
-101 dBm ±2 dBm Transmitter Power {EIRP)

• FCC: 20 dBm

• CE: 16 dBm
WorkingVoltage

1.2A @7.4V
Voltage
17.4

## v Rated Power 

### Phantom 3 Professional

• 100W 

### 37

### Intelligent Flight Battery Phantom 3 Advanced

Capacity
4480 mAh

Voltage
15.2

## v BatteryType

LiPo 45 Energy
68Wh NetWeight
365g Max FlightTime Approximately 23 minutes OperatingTemperature 

### 38

### App 

### I Live View Max Charging Power

Mobile App

DJI GO

EIRP
100mW Power Spectral Density
6.9mW/MHz Live ViewWorking Frequency
2.4GH:z ISM Live ViewQuality
720P @ 30fps (depending on conditions and mobile device) Latency
220ms (depending on conditions and mobile device) 39

### 40

Required Operating Systems

e Android 4.1.2 or later

Recommended Devices

• iOS: iPhone 5s, iPhone 6, iPhone 6 Pius, iPad Air, iPad Air**Wi~Fi** +

Cellular, iPad mini 2, iPad mini 2Wi-Fi + Cellular, iPad Air 2, iPa.d Afr2 Wi-Fi +Cellular, iPad mini 3, and iPad mini 3 Wi-Fi +Cellular. This app i optimized for iPhone 5s, iPhone 6, and iPhone 6 Plus

e Android: Samsung tabs705c, Samsung S6, Samsung S5, Samsung NOTE4, Samsung NOTE3, Google Nexus 9, Google Nexus 7 II, Ascend Mate7, Nubia Z7 mini, SONY Z3 EXPERIA, Ml 3, Ml PAD *Supportfor additional Android devices available as testing and development continues.