UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL 

AVIATION ADMINISTRATION WASHINGTON, DC 

Docket Management Facility US Department of Transportation 1200 New Jersey Avenue, 

SE West Building Ground Floor Room W12-140 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 14 OF THE 

CODE OF FEDERAL REGULATIONS SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 

91.405(a), 91.407(a){1), 91.409(a){1) & (a)(2), AND 91.417(a) & {b) CONCERNING 

COMMERCIAL OPERATION OF DJI PHANTOM 3 UNMANNED AIRCRAFT SYSTEMS 

PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 

2012 {PUBLIC LAW 112-95) 

Submitted on September 18, 2015 

Paul Retherford, dba Paul Retherford Photography, LLC 

816 Bay Street 

Petoskey, Michigan 49770 

Phone 231-445-1793 

Email: Paui@PauiRetherford.com 

www.PauiRetherford.com 

Drivers License# 361 676 189 800 
2 

TABLE OF CONTENTS 

PAGE GLOSSARY OF ABBREVIATIONS ....•....•.•••••••••.....•..•..•..•..•.•.•....•.....•.•......•..••............•.. 3 

SUMMARY •••••..•.•.••...•.......•.••••.••••.••.••.•••.....•..•••.•••.••.•....••........•...•...••.••••.....•.•.••••••••..••.•.••.•.•...•. 4 

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

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

BAS IS FOR PETITION .•...•.••.•••.••.•.•••..•..••.....•.•..••..•.••.••.••.••..........•....•.•.....•.•.•..•.••.••••.•••••••.....•.•. 5 

NAME AND ADDRESS OF PETITIONER ..•..•••••.•.•.•..••....•...........•......•.•........••.........•.......•...•.... 7 

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH PAUL RETHERFORD SEEKS 

EXEMPTION •.•.•••.•...........•..••.•.•.••.............••.•.••.••.•....•.....•........•.•.•.•.•..•..•..•..•••.••.•••••••.•••••.•.•••••••. 8 

THE EXTENT OF RELIEF PAUL RETHERFORD SEEKS AND THE REASON PAUL 

RETHERFORD SEEKS THE RELIEF ................................................................................... 11 

THE REASONS WHY GRANTING PAUL RETHERFORD'S REQUEST WOULD BE IN THE 

PUBLIC INTEREST ...•......••.•.•..•......•....•.•..•.•.•......•......•...•..•.•.••...•.••.••.••••••••••.•..•.••...•.••.• 14 

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY AFFECT 

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 

GLOSSARY OF ABBREVIATIONS 

Above Ground Level 

Area of Interest 

Air Traffic Control 

Air Traffic Organization 

Aerial Vehicle 

Code of Federal Regulations 

Certificate of Authorization 

Federal Aviation Administration 

Federal Aviation Regulation 

Ground Control Station 

Global Positioning System 

Loss of Link 

National Airspace System 

Notice to Airman 

Pilot In Command 

333 FAA Modernization and Reform Act of 2012 (FMRA) 

Safety Observer 

Standard Operating Procedures 

Unmanned Aircraft 

Unmanned Aircraft System 

Visual Flight Rules 

Visual Line of Site 

Visual Meteorological Conditions 

Vertical Takeoff an 

3 
4 

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 pursuant to Section 333 of the 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 over certain areas of the 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 14 years of professional experience in 

photography and videography, with over 500 Weddings, and I am recognized as an expert in 

this field. Paul Retherford has 1.5 years of recreational/hobby experience in all aspects of aerial 

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, specifically targeting: 

• Wedding Photography and Videography 

• Real Estate Photography 

• Land survey & appraisals 

• Equipment Inspections 

• Nature and Landscape Photography 

• Coverage of Sporting events. 

• Increase public knowledge of UAS 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) Unmanned Aircraft 

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

The DJI Phantom 3 has a maximum gross weight of approximately 3 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 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 of Aircraft, as well as 14 C.F.R Part 47, 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 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 
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. Part 21, 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 

maintenance that only apply to aircraft with 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 records for the DJI Phantom 3 UAS. 

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

privileges and limitations: Pilot in command, is requested by Paul Retherford 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 flighthour and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 UASs 

in a manner consistent with this exemption, including evasive and emergency maneuvers and 

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

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 accordance with 

14 C.F.R. Part 21, Subpart H. As such, Paul Retherford submits that he will ensure that the DJI 

Phantom 3 UAS are in an airworthy condition, prior to every flight, by determining that the UASs 
are in compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI 

Phantom 3 Instruction Manual), and that the aircraft are in a condition for safe flight. 

7 

Paul Retherford also seeks an exemption from the requirements of Section 91.121, 

entitled Altimeter Settings, as the OJI Phantom 3 UA will not have a typical barometric altimeter 

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

Global Positioning System (GPS) equipment and radio communications telemetry data link, 

which downlinks from the UA to the GCS for active monitoring of the flight path. This altitude 

information, combined with Paul Retherford's operation of the DJI Phantom 3 UAS within visual 

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

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 of the OJI Phantom 3 UA during daylight hours in visual 

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

fly for a total duration of approximately 13.5 minutes to the first point of intended landing and, 

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

In accordance with 14 C.F.R. § 11.81, Paul Retherford provides the following information 

in support of his petition for exemption: 

A. Name And Address Of The Petitioner. 

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

Paul Retherford 

816 Bay Street 

Petoskey, Michigan 49770 

231-445-1793 

Email: Paui@PauiRetherford.com 
8 

B. The Specific Sections Of 14 C.F.R. From Which Paul Retherford Seeks Exemption. 

1. Paul Retherford Seeks Exemption From The Requirements Of Section 61.113(a) 

and (b). 

Section 61.113, entitled Private pilot privileges and limitations: Pilot in command, 

subsections (a) and (b) prescribe the following, in relevant part: 

(a) No person who holds a private pilot certificate may act as a pilot in command (PIC) of 

an aircraft that is carrying passengers or property for compensation or hire; nor may that 

person, for compensation or hire, act as PIC of an aircraft. 

(b) A private pilot may, for compensation or hire, act as PIC of an aircraft in connection 

with any business or employment if-

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

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

2. Paul Retherford 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. Paul Retherford 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; 
9 

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

this section, the current reported altimeter setting of an appropriate 

available station; or 

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

the departure airport or an appropriate altimeter setting available before 

departure. 

4. Paul Retherford 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. Paul Retherford 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. Paul Retherford 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--
10 

( 1 ) It has been approved for return to service by a person authorized under § 

43.7 of this 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), states the following: 

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

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

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

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

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

with part 21 of this chapter. 

8. 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) 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) ofthis 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: 
11 

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

and each rotor. 

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

propeller, rotor, and appliance. 

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

are required to be overhauled on a specified time basis. 

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

the last inspection required by the inspection program under which the 

aircraft and its appliances are maintained. 

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

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

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

involves recurring action, the time and date when the next action is 

required. 

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

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

propellers, and appliances. 

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

prescribed: 

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

retained until the work is repeated or superseded by other work or for 1 

year after the work is performed. 

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

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

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

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

the aircraft is approved for return to service. 

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 

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, Paul Retherford submits that an equivalent level of safety 

will be maintained because no PIC will be allowed to operate the DJI Phantom 3 UAS unless 

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

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

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

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

Further, Paul Retherford submits that all flights of the DJI Phantom 3 UAS conducted by 

the PIC pursuant to the grant of this Petition: (1) will be incidental to Paul Retherford 

Photography, LLC; and (2) will not carry passengers or property for compensation or hire. 

2. Extent Of Relief Paul Retherford Seeks And The Reason Paul Retherford 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 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. Part 21, Subpart H. Therefore, 

Paul Retherford will ensure that the DJI Phantom 3 UAS are in airworthy condition based upon 

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

3 Instruction Manual) prior to every flight. 
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 communications telemetry data link to downlink altitude information from 

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

information concerning UAS operations be reported to air traffic control (ATC) in feet above 

ground level (AGL), 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 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 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), 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. 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 UA will severely constrain the practicality of any aerial video or 

still photo flight operations that Paul Retherford proposes to conduct pursuant to this Petition. 

Significantly, as set forth below, the technical specifications of the 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 for a total duration of 15 minutes to the first point of intended landing and, assuming 

normal cruising speed, to fly after that for at least 5 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. As set forth 

more fully below, the DJI Phantom 3 UAS meet the conditions of FMRA Section 333 for 

operation without an airworthiness certificate. Accordingly, 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 for the DJI Phantom 3 UAS. 

D. The Reasons Why Granting Paul Retherford's Request Would Be In The Public 

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

Granting the present Petition will further the public interest by allowing 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 of Paul Retherford proposed operation 

of the DJI Phantom 3 UAS will be realized without implicating any privacy issues. 

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

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

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

amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use 
15 

of a DJI Phantom 3 UAS would reduce the amount of manned aircraft in the NAS, reduce noise 

and air pollution, as well as increase the safety of life and property in the air and on the ground. 

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

congestion around airports caused by arriving and departing aircraft will be reduced. The DJI 

Phantom 3 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 of flight operations. 

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

UAS. 

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

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

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

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

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

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

approximately 20-30 gallons per hour of leaded aviation fuel. The DJI Phantom 3 UA, while 

reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UAs 

are propelled by battery powered electric motors, rather than an internal combustion engine. 

By using the DJI Phantom 3 UAS to perform aerial acquisitions, the substantial risk to life 

and property in the air and on the ground, which is usually associated with traditional manned 

aircraft flight operations, will be substantially reduced or completely eliminated. Aside from the 

lack of flight crew members located onboard the aircraft, the DJI Phantom 3 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 to the manned aircraft that 

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

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

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

UAS Will Benefit The Economy. 
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 of the U.S. economy. Specifically, with the rising 

cost of aviation fuel and the Environmental Protection Agency ("EPA") regulatory actions 

phasing out leaded aviation fuels, U.S. owned and operated companies must adopt new and 

alternative technology in order to remain competitive. Operating the battery powered DJI 

Phantom 3 UAS is one such technology that allows companies greater operational flexibility 

compared to manned aircraft, and provides such flexibility without the high operational cost of a 

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 of UAS in U.S. territory and abroad. 

4. There Are No Privacy Issues. 

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

decades, Paul Retherford's proposed operation of the DJI Phantom 3 UAS will not implicate any 

privacy issues. Specifically, the DJI Phantom 3 UAS will be operated only in compliance with 

operating 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 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 Paul Retherford Seeks Exemption. 

1. Reasons Why The DJI Phantom 3 UAs Meet The Conditions of the FAA 

Modernization and Reform Act of 2012 (FMRA) Section 333. 
17 

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

the unmanned aircraft and its operation, Paul Retherford's operation of the DJI Phantom 3 UAS 

meet the conditions of FMRA Section 333, and airworthiness certificate in accordance with 14 

C.F.R. Part 21. 

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.--ln making the determination under 

subsection (a), the Secretary shall determine, at a minimum--

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

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

and operation within visual line of sight do not create a hazard to users of the 

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

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

certification under section 44704 of title 49, United States Code, is required for 

the operation of unmanned aircraft systems identified under paragraph ( 1 ). 

(c) Requirements for Safe Operation.--lf 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, 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 UASs does not create a hazard to users of the NAS or the public, or 

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

capability. 

i. Technical Specifications Of The DJI Phantom 3 UAS 

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

Phantom Specifications in Appendix A. 

ii. The DJI Phantom 3 UASs Autonomous Modes Enable The UASs 

To Remain Within A Defined Operational Area. 

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

modes. A complete description of the flight and navigational modes of the OJI Phantom 3 UAS 

is provided at pages 25-35 of the 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 Of The 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, after 3 seconds, the DJI Phantom 3 UA does not reacquire control link data 

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

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

shutdown. 
19 

A complete description of the Failsafe Functions of the DJI Phantom 3 UAS are set forth 

at pages 27 through 29 of the DJI Phantom 3 User Manuals, 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 To The Line 

Of Sight Of A Certificated Pilot in Command. 

Paul Retherford will only utilize certificated pilots who possess a current and valid airman 

medical certificate to act as a pilot in command (PIC) of the DJI Phantom 3 UAS. 

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

Specific Operating Limitations. 

In seeking this exemption, Paul Retherford proposes to commercially operate DJI 

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

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

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

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

maximum gross weight: DJI Phantom and Unmanned Aircraft Systems. Proposed 

operations of any 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 2 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 

feetAGL. 
20 

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. 

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

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

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

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

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

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

operator may update or revise its operating documents. It is the operator's responsibility 

to track such revisions and present updated and revised documents to the Administrator 

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

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

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

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

exemption. The FAA's UAS Integration Office (AFS-80) may be contacted if questions 

arise regarding updates or revisions to the operating documents. 

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

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

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

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

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

be properly documented in the aircraft records. 
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 

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. 

17. The PIC must possess at least a private pilot certificate and at least a current thirdclass medical certificate. 

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

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

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

and emergency maneuvers and maintaining appropriate distances from persons, 

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

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

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

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

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

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

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

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 
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 letter of agreement with 

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 to the Administrator upon request. 

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

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

22. If the UA loses communications or loses its GPS signal, it must return to a predetermined location within the planned operating area and land or be recovered in 

accordance with the operating documents. 

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

accordance with the operating documents. 

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

weather conditions) there is enough power to fly at normal cruising speed to the 

intended landing point and land the UA with 25% battery power remaining. 

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

Waiver or Authorization (COA) prior to conducting any operations under the grant of 

exemption. This COA will also require the operator to request a Notice to Airman 

(NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the 

operation. All operations shall be conducted in accordance with airspace requirements in 

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

requirements. 

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

number, registered in accordance with 14 C.F.R. part 47, and have identification (NNumber) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must be 

as large as practicable. 

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

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

other appropriate government oversight agency requirements. 

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

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

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

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

persons (persons other than the PIC, SO, operator trainees or essential persons), 

vessels, vehicles, and structures unless: 

a. Barriers or structures are present that sufficiently protect nonparticipating 

persons from the UA and/or debris in the event of an accident. The operator must 

ensure that nonparticipating persons remain under such protection. If a situation 

arises where nonparticipating persons leave such protection and are within 500 

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

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

owner/controller of such vessels, vehicles or structures has granted permission 

and the PIC has made a safety assessment of the risk of operating closer to 

those objects and determined that it does not present an undue hazard, and; c. 

Operations nearer to the PIC, SO, operator trainees or essential persons do not 

present an undue hazard to those persons per§ 91.119(a). 

32. All operations shall be conducted over private or 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 Not Adversely Affect 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. 11 062); and the airmanship 

skills necessary to safely operate the DJI Phantom 3 UAS, Paul Retherford submits that 

the additional manned airmanship experience of a commercially certificated pilot would 

not correlate to the airmanship skills necessary for this specific proposed flight 

operations. 

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

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

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

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

Paul Retherford will not allow any PIC to operate the DJI Phantom 3 UAS unless 

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

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

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

evasive and emergency maneuvers and maintaining appropriate distances from people, 

vessels, vehicles and structures. 

Specifically, the PIC must have accumulated and logged, in a manner consistent 

with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a 

minimum of 5 hours of those hours as a UAS pilot operating the same make and model 

of UAS to be used for operations under the exemption). In addition to the hour 

requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days 

(for currency purposes). 

As in Exemption Nos. 11062, 11138, and 11153, prior documented flight 

experience that was obtained in compliance with applicable regulations will ensure an 

equivalent level of safety during the proposed operations. The Administrator has held 
25 

that prior documented flight experience that was obtained in compliance with applicable 

regulations would ensure safe operations, stating as follows: 

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

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

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

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

pilot with a multi-rotor UAS. Prior to operations under Exemption No. 11062, the 

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

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

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

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

time may be included in the 1 0 hours of multi-rotor time 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 FAA finds that at a minimum, the flighthour 

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

proficiency in the skills necessary to safely conduct the petitioner's proposed 

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

obtained in compliance with applicable regulations would satisfy this requirement. 

Training, proficiency, and 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, Paul Retherford will ensure safe operations by not allowing any PIC to operate the 

DJI Phantom 3 UAS unless that PIC has demonstrated, by meeting minimum flight-hour and 

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

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

maintaining appropriate distances from people, vessels, vehicles and structures. 
26 

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

Not Adversely Affect Safety. 

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

prior to every flight, 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 relief from Section 91.7(a) specific to UAS, 

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

Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 

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

4. Reasons Why An Exemption From The Requirements Of Section 91.121 Would 

Not Adversely Affect Safety. 

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

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

and a radio communications telemetry data link, which downlinks from the UA to the GCS for 

active monitoring of the flight path and altitude. This altitude information, combined with 

knowledgeable operation of the DJI Phantom 3 UAS within visual line of sight, at or below 500 

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

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

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

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

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

11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 

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

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

Would Not Adversely Affect Safety. 

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

C.F.R. Section 91.151{b) as a result of (1) the technical specifications of the DJI Phantom 3 
27 

UAS; (2) the limitations on the proposed flight operations; and (3) the location of the 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 after that for at least 4.5 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, safety will 

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, the first warning occurring at approximately 

25% remaining battery power, and again at approximately 10% remaining battery power. At the 

critically low battery level, the DJI Phantom 3 UAS will descend and land automatically. 

Significantly, previous exemptions granted by the FAA concerning Section 91.151 

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

limitations of the UAS are considered. Relief has been granted for manned aircraft to operate at 

less than the minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, 

and 10650. Moreover, the FAA has previously granted relief from Section 91.151 specific to 

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

Exemption Nos. 8811, 10808, 10673, 11 042, 11 062, 11063, 11 064, 11 065, 11 066, 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, 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 Maintenance 
28 

Log, and DJI Phantom 3 Instruction Manual). Furthermore, Paul Retherford will document and 

maintain all maintenance records for the DJI Phantom 3 UAS. 

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

documents, Paul Retherford will maintain the equivalent level of safety established by Sections 

91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of the DJI Phantom 3 User Manuals are 

attached hereto as Exhibit C. 

Likewise, the exemption sought will not adversely affect safety because Paul Retherford 

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

the UAS using the methods, techniques, and practices prescribed by the operating documents. 

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

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

Phantom 3 UAS will be performed by trained technicians. Maintenance will be documented and 

maintained utilizing the monthly maintenance log. 

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 the 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 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, 7UDYLV1HXEHU requests that the 

FAA prescribe special conditions for the intended operation of the DJI Phantom 3 UAS, which 

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

safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 

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

91.417{a) & (b). Such special conditions will permit safe operation of the UAs for the limited 
29 

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

compensation or hire. FMRA Section 333 sets forth the requirements for considering whether a 

UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to 

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

airworthiness certification in accordance with any requirements that must be established for the 

safe operation of the UAS in the NAS. 

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

21.16, for operation of the DJI Phantom 3 UASs, since the airworthiness regulations of 14 

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

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

following: 

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

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

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

he prescribes special conditions and amendments thereto for the product. The special 

conditions are issued in accordance with Part 11 of this chapter and contain such safety 

standards for the aircraft, aircraft engine or propeller as the FAA finds necessary to 

establish a level of safety equivalent to that established in the regulations. 

See 14 C.F.R. § 21.16. 

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

prescribe special conditions for Leading Edge's intended operation of the DJI Phantom 3 UASs, 

which contain such safety standards that the Administrator finds necessary to establish a level 

of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 

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

91.417(a) & (b). 

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

From Which 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 Of The Nature Of The Exemption Paul Retherford Seeks: 

This exemption will permit Paul Retherford 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 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 of Transportation 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 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, 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 threat to national security. 

CONCLUSION 

As set forth herein, Paul Retherford seeks an exemption pursuant to 14 C.F .R. § 11.61 

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

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

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

States. By granting 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 Paul Retherford to safely, efficiently, and economically operate the DJI 

Phantom 3 UASs commercially within the NAS. 
31 

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

Modernization and Reform Act of 2012, Section 333, Paul Retherford 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 Paul Retherford Photography, LLC to operate the DJI 

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

certain areas of the United States. 

Dated: September 18, 2015 

Respectfully submrtii d~. ~~· . _ ....... 

Paul Retherford --,1-',of.~-H"..q--+-~~~~----:1----

-1" 

Appendices: 

A- DJI Phantom 3 Professional Spec Sheet 
32 

Appendice A 

Aircraft Weight (Including Battery And Propellers) 

1280 g 

Diagonal Size (Including Propellers) 

590mm 

Max Ascent Speed 

5 m/s 

Max Descent Speed 

3 m/s 

Hover Accuracy 

• 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) 

Max Altitude Above Sea Level 

6000 m 

Operating Temperature 

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 Speed 
8s -1/8000s 

Image Max Size 

4000 X 3000 

Still Photography Modes 

• Single Shot 

• Burst Shooting: 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 H D: 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 Card Types 

34 
35 

Micro SD 

Max capacity: 64GB. Class 10 or UHS-1 rating 

Max Bitrate Of Video Storage 

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) 

Operating Temperature 

Gimbal Controllable Range 

Pitch -90"' to +30° 

Stabilization 

3--axis (pitch, roll, yaw) 
Vision 

Positioning 

Remote 

Controller 

36 

Max Velocity 

Altitude Range 

30 cm~300 em 

Operating Range 

30 cm-300 em 

Operating Environment 

Surface with clear pattern and adequate lighting {lux> 15) 

Operating Frequency 

2.400 GHz-2.483 GH:z 

Max Distance 

2000m (outdoors and unobstructed) 

Video Output Port 

USB 

Operating Temperature 
Battery 

Charger 

Battery 

Mobile Device Holder 

For tablet or phone 

Receiver Sensitivity (1 %PER} 

-101 dBm ±2 dBm 

Transmitter Power {EIRP) 

• FCC: 20 dBm 

• CE: 16 dBm 

Working Voltage 

1.2 A @7.4 V 

Voltage 

17.4 v 

Rated Power 

Phantom 3 Professional 

• 100W 

37 
Intelligent 

Flight Battery 

Phantom 3 Advanced 

Capacity 

4480 mAh 

Voltage 

15.2 v 

Battery Type 

LiPo 45 

Energy 

68Wh 

Net Weight 

365 g 

Max Flight Time 

Approximately 23 minutes 

Operating Temperature 

38 
App I Live 

View 

Max Charging Power 

Mobile App 

DJI GO 

EIRP 

100mW 

Power Spectral Density 

6.9mW/MHz 

Live View Working Frequency 

2.4GH:z ISM 

Live View Quality 

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 2 Wi-Fi + Cellular, iPad Air 2, iPa.d Afr 2 

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 tabs 705c, 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 

*Support for additional Android devices available as testing and development 

continues.