UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL

AVIATION ADMINISTRATION

WASHINGTON, DC

Regulatory Docket No. _______________

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: PANOPTIC WORKS,

INC. FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS 61.113(a) & (b),

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

91.417(a) & (b) CONCERNING COMMERCIAL OPERATION OF DJI PHANTOM 3

UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF

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

Submitted on June 26, 2015

Nicholas Bolland

Panoptic Works, Inc

PO BOX 5633

La Quinta, CA 92248

Tel: (858) 876­8352

Email: nick@panopticworks.com
TABLE OF CONTENTS

Page

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

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

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

BACKGROUND.........................................................................................................................4

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

NAME AND ADDRESS OF PETITIONER.................................................................................6

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH PANOPTIC WORKS, INC.

SEEKS EXEMPTION.................................................................................................................7

THE EXTENT OF RELIEF PANOPTIC WORKS, INC. SEEKS AND THE

REASON PANOPTIC WORKS, INC. SEEKS THE RELIEF....................................................10

THE REASONS WHY GRANTING PANOPTIC WORKS, INC.’S REQUEST

WOULD BE IN THE PUBLIC INTEREST ...............................................................................13

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT

ADVERSELY AFFECT SAFETY.............................................................................................15

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER..............................27

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS

AVAILABLE TO SUPPORT PANOPTIC WORKS, INC’S REQUEST.....................................28

CONCLUSION........................................................................................................................28

APPENDICES.........................................................................................................................30
GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

GCS Ground Control Station

GPS Global Positioning System

LOL Loss of Link

NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot In Command

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

SO Safety Observer

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing
SUMMARY

Nicholas Bolland 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 Panoptic Works, Inc. to operate an

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

photography of construction sites, real estate, special events, film sets, and landscape over

certain areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

Panoptic Works, Inc. provides its clients with the highest quality digital content for use in

their commercial, personal, and non­profit multimedia projects. Panoptic Works, Inc. has

established itself as a technological innovator in experiential multimedia and is recognized as a

leader in providing a quality product. Panoptic Works, Inc. has over 3 years recreational/hobby

experience in all aspects of aerial video and photography. The objective of Panoptic Works, Inc.

aerial video and photography operations is to provide high quality imaging for a variety of

commercial, public, and residential uses, specifically targeting:

• Aerial event photography

• Aerial event filming

• Film production

• Aerial location scouting and safety inspection

• Increase public knowledge of UAS and promote safe UAS operations.

BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 3 UAS

Panoptic Works, Inc. seeks an exemption to operate DJI systems for compensation or

hire within the NAS. The DJI Phantom 3 is a 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 2 pounds 11
ounces, while having a length of 16 inches width of 16 inches, height of 8 inches, and a

maximum speed of approximately 29 knots. The DJI Phantom 3 UA is equipped with four main

rotors; driven by Lithium Polymer battery powered electric motors.

The DJI Phantom 3 UA that will be operated by Panoptic Works, Inc. 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, Panoptic Works, Inc., 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

the unmanned aircraft and its operation, Panoptic Works, Inc. 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, Panoptic Works, Inc. 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.

Panoptic Works, Inc. submits that the requested relief is proper since an equivalent level

of safety will be ensured. Panoptic Works, Inc. will use experienced personnel or technicians to

perform maintenance, alterations, or preventive maintenance on the UASs using the methods,

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

Log, and DJI Phantom 3 Instruction Manual). Furthermore, Panoptic Works, Inc. 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 Panoptic Works, Inc. 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
UAS in a manner consistent with this exemption, including evasive and emergency maneuvers

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

Panoptic Works, Inc. 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, Panoptic Works, Inc. submits that it 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.

Panoptic Works, Inc. also seeks an exemption from the requirements of Section 91.121,

entitled Altimeter Settings, as the DJI 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 Panoptic Works, Inc.’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, Panoptic Works, Inc. seeks an exemption from the requirements of Section

91.151(b), entitled Fuel requirements for flight in VFR conditions. Panoptic Works, Inc. submits

that safety will not be affected by operation of the DJI 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, Panoptic Works, Inc. provides the following

information in support of its petition for exemption:

A. Name And Address Of The Petitioner.

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

Nicholas Bolland

Panoptic Works, Inc

PO BOX 5633
La Quinta, CA 92248

Tel: (858) 876­8352

Email: nick@panopticworks.com

B. The Specific Sections Of 14 C.F.R. From Which Panoptic Works, Inc. Seeks Exemption.

1. Panoptic Works, Inc. 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.​Panoptic Works, Inc. 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. Panoptic Works, Inc. Seeks Exemption From The Requirements Of Section

91.121.

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

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

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

operating­­

(1) Below 18,000 feet MSL, to­­

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

within 100 nautical miles of the aircraft;
(ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of

this section, the current reported altimeter setting of an appropriate

available station; or

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

the within 100 nautical miles of the aircraft; this section, the current

reported altimeter setting of an appropriate available station; or departure

airport or an appropriate altimeter setting available before departure.

4. Panoptic Works, Inc. 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. Panoptic Works, Inc. 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. Panoptic Works, Inc. Seeks Exemption From The Requirements Of Section

91.407(a)(1)

Section 91.407, entitled Operation after maintenance, preventive maintenance,

rebuilding, or alteration, subsection (a)(1), states the following:

(a) No person may operate any aircraft that has undergone maintenance, preventive

maintenance, rebuilding, or alteration unless­­

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

43.7 of this chapter[.]
7. Panoptic Works, Inc. 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. Panoptic Works, Inc. Seeks Exemption From The Requirements Of Sections

91.417(a) And 91.417(b).

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

following:

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

owner or operator shall keep the following records for the periods specified in paragraph

(b) of this section:

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

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

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

engine, propeller, rotor, and appliance of an aircraft. The records must include­­

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

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

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

work performed; and aircraft for return to service.

(2) Records containing the following information:

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

and each rotor

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

propeller, rotor, and appliance.

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

whichare 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 Panoptic Works, Inc. Seeks And The Reason Panoptic Works, Inc.

Seeks The Relief.

1. Extent Of Relief Panoptic Works, Inc. Seeks And The Reason Panoptic Works, Inc.

Seeks Relief From Section 61.113(a) And (b).

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

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

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

certain flight­hour and currency requirements, to conduct the proposed UAS flight operations for

compensation or hire.
This relief is requested since the limitations set forth in Section 61.113(a) and (b) state

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

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

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

As set forth more fully below, Panoptic Works, Inc. 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 flight­hour and currency requirements, demonstrating that the

PIC is able to safely operate either 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, Panoptic Works, Inc. 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 Panoptic

Works, Inc. business; and (2) will not carry passengers or property for compensation or hire.

2. Extent Of Relief Panoptic Works, Inc. Seeks And The Reason Panoptic Works, Inc.

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 Panoptic Works, Inc. 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 Panoptic Works, Inc. Aerial Operations Manual, Monthly Maintenance Log,

and DJI Phantom 3 Instruction Manual).

Panoptic Works, Inc. seeks the requested relief because the DJI Phantom 3 UAS do not

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

Panoptic Works, Inc. 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, and further, determine that the aircraft are in

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

3. Extent Of Relief Panoptic Works, Inc. Seeks And The Reason Panoptic Works, Inc.

Seeks Relief From Section 91.121.

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

operations of the DJI Phantom 3 UAS, which utilize a barometric pressure sensor, GPS
equipment, and a radio communications telemetry data link to downlink altitude information from

the UA to the PIC at the 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), Panoptic Works, Inc. seeks the requested relief because the DJI Phantom 3

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

pressure or field altitude, before each flight.

Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is

sought to the extent necessary to comply with the applicable conditions and limitations stated

below. As more fully set forth herein, an equivalent level of safety will be maintained since the

DJI Phantom 3 UAs are equipped with a barometric pressure sensor and GPS equipment,

which automatically ensures that a ground level pressure setting will be established prior to

each flight, and provides the PIC with altitude information of the UA on the heads­up display of

the GCS.

4. Extent Of Relief Panoptic Works, Inc. Seeks And The Reason Panoptic Works, Inc.

Seeks Relief From Section 91.151(b).

Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is

requested to the extent required to allow flights of the battery powered DJI Phantom 3 UAs

during daylight hours in 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. Panoptic Works, Inc. 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 Panoptic Works, Inc. proposes to conduct pursuant to

this Petition.

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

the DJI Phantom 3 operating documents, and Panoptic Works, Inc.’s proposed operating

limitations, ensure that Panoptic Works, Inc. will safely operate the battery powered DJI

Phantom 3 UAs during daylight hours in visual meteorological conditions (VMC), under visual

flight rules (VFR), with enough battery power to fly for a total duration of 13.5 minutes to the first

point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5

minutes.
5. Extent Of Relief Panoptic Works, Inc. Seeks And The Reason Panoptic Works, Inc.

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, Panoptic Works, Inc. requests relief from these

Sections because the DJI Phantom 3 UAS does not require airworthiness certificates. As set

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

operation without an airworthiness certificate. Accordingly, Panoptic Works, Inc. will use trained

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

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

Panoptic Works, Inc. Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3

Instruction Manual). Furthermore, Panoptic Works, Inc. will document and maintain all

maintenance records for the DJI Phantom 3 UAS.

D. The Reasons Why Granting Panoptic Works, Inc.’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 Panoptic Works,

Inc. to safely, efficiently, and economically perform aerial video and photography of special

events, film sets, 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 Panoptic

Works, Inc.’s proposed operation of the DJI Phantom 3 UAS will be realized without implicating

any privacy issues.

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

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

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

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

allowing the use of a DJI Phantom 3 UAS would reduce the 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 does not require an airport to takeoff or land. Likewise, a reduction of manned

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

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

phases of flight operations.

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

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

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

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

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

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

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

approximately 20­30 gallons per hour of leaded aviation fuel. The DJI Phantom 3 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 and 6 pounds 7.5 ounces respectively, at their maximum

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

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

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

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

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

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

Will Benefit The Economy.

In addition to being safe and efficient, the DJI Phantom 3 is 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 Panoptic Works, Inc., to

remain competitive and contribute to growth of the U.S. economy. Specifically, with the rising

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

phasing out leaded aviation fuels, U.S. owned and operated companies must adopt new and
alternative technology in order to remain competitive. Operating the battery powered DJI

Phantom 3 UAS is one such technology that not only allows companies greater operational

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

cost of a traditional manned aircraft.

By operating the DJI Phantom 3 UAS, companies such as Panoptic Works, Inc., can

remain competitive and profitable, and therefore, provide greater job stability to employees and

contractors, which will ultimately contribute to growth of the U.S. economy. Improved financial

performance of U.S. companies, through commercial use of the DJI Phantom 3 UAS, provides a

stable workforce that increases consumer spending; improves local, state, and federal tax

revenues; and allows companies to invest in research and development in order to remain

competitive both in the United States and abroad.

4. There Are No Privacy Issues.

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

decades, Panoptic Works, Inc. proposed operation of the DJI Phantom 3 UAS will not implicate

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

with operating documents (i.e., the Panoptic Works, Inc. Aerial Operations Manual, Monthly

Maintenance Log, and DJI Phantom 3 Instruction Manual) which requires property owner

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

Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119.

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

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

Rule From Which Panoptic Works, Inc. Seeks Exemption.

1. Reasons Why The DJI Phantom 3 UA Meet The Conditions Of The FAA Modernization

and Reform Act of 2012 (FMRA) Section 333.

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

the unmanned aircraft and its operation, Panoptic Works, Inc. operation of the DJI Phantom 3

UAS meet the conditions of FMRA Section 333, and will not require an airworthiness certificate

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

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

and sets forth requirements for considering whether a UAS will create a hazard to users of the
NAS or the public, or otherwise pose a threat to national security. Specifically, FMRA Section

333 states the following, in part:

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

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

determine if certain unmanned aircraft systems may operate safely in the national

airspace system before completion of the plan and rulemaking required by section 332 of

this Act or the guidance required by section 334 of this Act.

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

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

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

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

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

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

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

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

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

(c) Requirements for Safe Operation.­­If the Secretary determines under this section that

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

the Secretary shall establish requirements for the safe operation of such aircraft systems

in the national airspace system.

In seeking this exemption, Panoptic Works, Inc. submits that the DJI Phantom 3 UAS

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

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

specific operating limitations.

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

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

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

capability.

i. Technical Specifications Of The DJI Phantom 3 UAS.

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

Specifications and Data Sheet, attached hereto as Exhibit A.
ii. The DJI Phantom 3 UAS Autonomous Flight And Navigation Modes Enable The

UAS To Remain Within A Defined Operational Area.

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

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

3 UAS is provided at pages 11 of the DJI Phantom 3 User Manual, attached hereto as

Exhibit C.

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 UA will

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

position and shutdown.

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

at pages 12 through 14 of the DJI Phantom 3 User Manual, attached hereto as 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 14 through 16 of the DJI Phantom 3 User

Manual. DJI Phantom 3 User Manual is 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 With A Safety Observer.

Panoptic Works, Inc. 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. Additionally, a

safety observer will assist all pilots during flight time.

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

Limitations.

In seeking this exemption, 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 3 Unmanned Aircraft System. Proposed

operations of any other aircraft will require a new petition or a petition to amend this

grant.

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

purpose of aerial video and photography.

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

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

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

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

feet AGL.

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

This requires the PIC to be able to use human vision unaided by any device other than

corrective lenses, as specified on the PIC’s FAA­issued airman medical certificate.

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

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

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

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

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

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

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

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

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

permitted to operate the camera or other instruments.

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

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

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

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

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

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

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

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

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

extension or amendment to the grant of exemption. If the operator determines that any
update or revision would affect the basis upon which the FAA granted the exemption,

then the operator must petition for amendment to its grant of exemption. The FAA’s UAS

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

revisions to the operating documents.

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

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

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

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

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

be properly documented in the aircraft records.

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

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

undergo a functional test flight. The PIC who conducts the functional test flight must

make an entry in the aircraft records.

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

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

operating documents.

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

overhaul, replacement, inspection, and life limit requirements.

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

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

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

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

signature of the authorized person returning the UAS to service.

15. Each 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 experience­building flights, all persons not essential for flight operations

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

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

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

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

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

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

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

denoted on a current FAA­published aeronautical chart unless a letter of agreement with

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

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

airport management must be made available to the Administrator upon request.

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

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

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

pre­determined location within the planned operating area and land or be recovered in

accordance with the operating documents.

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

accordance with the operating documents.

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

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

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

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

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

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

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

operation. All operations shall be conducted in accordance with airspace requirements in
the ATO issued COA including class of airspace, altitude level and potential transponder

requirements.

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

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

as large as practicable.

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

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

other appropriate government oversight agency requirements.

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

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

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

upon request.

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

operations and activities at all times.

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

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

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

vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons

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

nonparticipating persons remain under such protection. If a situation arises where

nonparticipating persons leave such protection and are within 500 feet of the UA, flight

operations must cease immediately and/or;

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

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

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

determined that it does not present an undue hazard, and;

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

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

32. All operations shall be conducted over private or controlled­access property with

permission from the land owner/controller or authorized representative. Permission from
land owner/controller or authorized representative will be obtained for each flight to be

conducted.

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

boundaries of the operational area as defined by the applicable COA must be reported

to the FAA's UAS Integration Office (AFS­80) within 24 hours. Accidents must be

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

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

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

Would Not Adversely Affect Safety.

Panoptic Works, Inc. submits that the equivalent level of safety established by Section

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

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

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

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

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

Panoptic Works, Inc proposed area of operations, and the operating limitations set

forth­above; the parallel nature of private pilot aeronautical knowledge requirements to those of

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

to safely operate the DJI Phantom 3 UAS, Panoptic Works, Inc. submits that the additional

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

airmanship skills necessary for Panoptic Works, Inc. 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).

Panoptic Works, Inc. will not allow any PIC to operate the DJI Phantom 3 UAS unless

that PIC has demonstrated, by meeting minimum flight­hour requirements or the DJI Phantom 3

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

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

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

structures.
Specifically, the PIC must have accumulated and logged, in a manner consistent with 14

C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5 hours of

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

operations under the exemption). In addition to the hour requirements, the PIC must accomplish

3 takeoffs and landings in the preceding 90 days (for currency purposes).

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 Panoptic Works, Inc. proposed operations. The Administrator has held that prior

documented flight experience that was obtained in compliance with applicable regulations would

ensure safe operations, stating as follows:

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

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

and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of total time as a

UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi­rotor

UAS. Prior to operations under Exemption No. 11062, the PIC must also have

accumulated and logged a minimum of 5 hours as a UAS pilot operating the same make

and model of UAS to be used for operations under the exemption. For clarification, the

FAA considers these minimum hour requirements to be inclusive rather than additive; i.e.

5 hours make and model time may be included in the 10 hours of multi­rotor time and the

10 hours may be included in the total 25 hours of UAS rotorcraft time. In addition to the

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

days (for currency purposes). The FAA finds that at a minimum, the flight­hour

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

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

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

applicable regulations would satisfy this requirement. Training, proficiency, and

experience­building flights can also be conducted under the grant of exemption to

accomplish the required flight time. During training, proficiency, and experience­building

flights the PIC is required to operate the UA with appropriate distances in accordance

with 14 C.F.R 91.119.

Exemption No. 11138 at page 15.
Accordingly, Panoptic Works, Inc. will ensure safe operations by not allowing any PIC to

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

flight­hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 3

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

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

3. Reasons Why An Exemption From The Requirements Of Section 91.7(a) Would Not

Adversely Affect Safety.

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

prior to every flight, Panoptic Works, Inc. 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

Panoptic Works, Inc.’s operation of the DJI Phantom 3 UA within visual line of sight, at or below

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

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

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

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

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

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

11153, 11156, 11157, 11158, 11159, 11160, 11161).
5. Reasons Why An Exemption From The Requirements Of Section 91.151(b) Would Not

Adversely Affect Safety.

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

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

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

flight operations. Accordingly, Panoptic Works, Inc. will ensure that it will safely operate the

battery powered DJI Phantom 3 UA during daylight hours in VFR conditions, with enough

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

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

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

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

operations, will ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b).

Furthermore, safety will be ensured as the DJI Phantom 3 UAS provide audible and visual

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

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

remaining battery power. At the critically low battery level, the DJI Phantom 3 UAS will descend

and land automatically.

Significantly, previous exemptions granted by the FAA concerning Section 91.151

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

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

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

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

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

Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067,

11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160,

11161).

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

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

In seeking this exemption, Panoptic Works, Inc. 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

Panoptic Works, Inc. will use trained technicians to perform maintenance, alterations, or
preventive maintenance on the UAS using the methods, techniques, and practices prescribed in

the operating documents (i.e., the Panoptic Works, Inc. Aerial Operations Manual, Monthly

Maintenance Log, and DJI Phantom 3 Instruction Manual). Furthermore, Panoptic Works, Inc.

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, Panoptic Works, Inc. 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 B; a copy of the DJI Phantom 3 UAS Maintenance LOG is

attached hereto as Exhibit C.

Likewise, the exemption sought will not adversely affect safety because Panoptic Works,

Inc. 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 Panoptic Works, Inc. proposed operating limitations, the operating

documents, and the technical aspects of the DJI Phantom 3 UAS, Panoptic Works, Inc. 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, Panoptic Works, Inc requests that

the FAA prescribe special conditions for the intended operation of the DJI Phantom 3 UAS,
which contain such safety standards that the Administrator finds necessary to establish a level

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

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

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

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

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

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

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

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

safe operation of the UAS in the NAS.

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

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

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

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

states the following:

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

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

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

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

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

standards for the aircraft, aircraft engine or 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 Panoptic Works, Inc’’s intended operation of the DJI Phantom 3

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

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

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

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

F. A Summary That Can Be Published In The Federal Register, stating: The Rules From

Which Panoptic Works, Inc. Seeks Exemption:
Panoptic Works, Inc. 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 Panoptic Works, Inc. Seeks:

This exemption will permit Panoptic Works, Inc. to commercially operate an Unmanned

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

certain areas of the United States.

G. Any Additional Information, Views, Or Arguments Available To Support Panoptic

Works, Inc.’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, Panoptic Works, Inc.’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, Panoptic Works, Inc. 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, Panoptic Works, Inc. seeks an exemption pursuant to 14 C.F.R. §

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

permit safe operation of the DJI Phantom 3 UAS commercially, without an airworthiness

certificate, for the limited purpose of conducting aerial video and photography over certain areas

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

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

advancing the interests of the public, by allowing Panoptic Works, Inc. to safely, efficiently, and

economically operate the DJI Phantom 3 UAS commercially within the NAS.
WHEREFORE​, in accordance with the Federal Aviation Regulations and the FAA

Modernization and Reform Act of 2012, Section 333, Panoptic Works, Inc. 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 Panoptic Works, Inc. to operate the DJI Phantom 3 UAS

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

the United States.

Dated: June 26, 2015

Respectfully submitted,

Nicholas Bolland

_________________________

Nicholas Bolland

Panoptic Works, Inc.

PO BOX 5633

La Quinta, CA 92248

Tel: (858) 876­8352

Email: nick@panopticworks.com
Appendices:

A – DJI Phantom 3 Specifications Data Sheet

B – Monthly Maintenance Log

C – DJI Phantom 3 Manufacturer’s User Manual

APPENDIX – A

DJI PHANTOM 3 TECHNICAL SPECIFICATIONS

AircraftWeight (Including Battery And Propellers)

1280 g

Diagonal Size (Including Propellers)

590 mm

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

Horizontal: +/­ 1.5 m

Max Speed

16 m/s (ATTI mode, no wind)

Max Altitude Above Sea Level

6000 m
Operating Temperature

0°C to 40°C

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 ∞

ISO Range

100­3200 (video) 100­1600 (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

Bracketed Frames at 0.7EV Bias

Time­lapse

Video Recording Modes

Phantom 3 Professional

UHD: 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

FHD: 1920x1080p 24/25/30/48/50/60

HD: 1280x720p 24/25/30/48/50/60

Supported SD Card Types

Micro SD

Max capacity: 64 GB. Class 10 or UHS­1 rating required

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 (MPEG­4 AVC/H.264)

Operating Temperature

0°C to 40°C

Gimbal Controllable Range

Pitch ­90° to +30°

Stabilization

3­axis (pitch, roll, yaw)

Vision Positioning Max Velocity

Less than 8 m/s (when 2 m above ground)

Altitude Range

30 cm­300 cm
Operating Range

30 cm­300 cm

Operating Environment

Surface with clear pattern and adequate lighting (Lux > 15)

Remote Controller Operating Frequency

2.400 GHz­2.483 GHz

Max Distance

2000m (outdoors and unobstructed)

Video Output Port

USB

Operating Temperature

0°C­ 40°C

Battery

6000 mAh LiPo 2S

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

Battery Charger Voltage

17.4 V

Rated Power

Phantom 3 Professional

100 W

Phantom 3 Advanced

57 W

Intelligent Flight Battery Capacity

4480 mAh

Voltage

15.2 V

Battery Type

LiPo 4S

Energy

68 Wh

Net Weight

365 g

Max Flight Time

Approximately 23 minutes

Operating Temperature

­10°C to 40°C

Max Charging Power

100 W
APPENDIX – B

Monthly Maintenance Log

UAS# ________ Date issue

discovered

Date issue

addressed

Issue

description

and

maintenance

conducted

Maintenance

performed by

Software

updates

Airframe

Motors

Propellers

Camera gimbal

Landing gear

Vibration

dampening

Other

Date:________________

Signature:________________