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September 22, 2015

Attention:

U. S. Department of Transportation Docket Operations

West Building Ground Floor, Room w12-140

1200 New Jersey Ave, SE Washington, DC 20590

RE: DUBUQUE AERIAL MEDIA

REQUESTS AN EXEMPTION 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) & 91.417(a) & (b) & 61.51(b)(1),

CONCERNING COMMERCIAL OPERATION OF DJI Phantom 3 Professional UNMANNED

AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION

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

John Haupert

Co-Owner

Dubuque Aerial Media

11838 English Mill Road

Dubuque IA 52003

563-590-1782, and 319-849-8539

service@dubuqueaerialmedia.com

johndvm@yousq.net
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TABLE OF CONTENTS

SUMMARY...........................................................................................................................3

INTRODUCTION AND INTERESTS OF PETITIONER....................................................3

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

BASIS FOR PETITION.........................................................................................................4

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

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH DUBUQUE AERIAL MEDIA

SEEKS EXEMPTION............................................................................................................6

THE EXTENT OF RELIEF DUBUQUE AERIAL MEDIA SEEKS AND THE REASON

DUBUQUE AERIAL MEDIA SEEKS THE RELIEF......................................................10

THE REASONS WHY GRANTING DUBUQUE AERIAL MEDIA’S REQUEST WOULD

BE IN THE PUBLIC INTEREST ......................................................................................12

THE REASONS WHY GRANTING THE EXEMPTION TO DUBUQUE AERIAL MEDIA

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 DUBUQUE AERIAL MEDIA’S REQUEST........................................27

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

APPENDICES......................................................................................... 28

SUMMARY
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DUBUQUE AERIAL MEDIA 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) & 61.51(b)(1), to operate an Unmanned Aircraft System (DJI Phantom 3 Professional)

pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This

exemption will permit DUBUQUE AERIAL MEDIA to operate an Unmanned Aircraft System

(UAS) for the commercial purpose of conducting aerial video and photography of construction

sites, residential and commercial real estate, civil landscapes, agricultural inspections,

landmarks, mapping, appraisals, search and rescue, and events over certain areas of the United

States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

DUBUQUE AERIAL MEDIA staff has piloted private light, fixed wing aircraft since 1974, and

ultralight powered parachute since 1999. We have been flying a UAS (DJI Phantom 3

Professional) in 2015. The objective of DUBUQUE AERIAL MEDIA, and our Unmanned

Aircraft System (DJI Phantom 3 Professional) aerial operations, is to provide a more affordable,

high-quality photographic production system for a variety of governmental, commercial, public,

and residential uses, specifically targeting:

• Real estate and construction

• Mapping

• Search and rescue

• Special event coverage

• Agricultural applications

BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 3 Professional, UAS

DUBUQUE AERIAL MEDIA seeks an exemption to operate DJI Phantom 3 Professional

system for compensation or hire within the NAS. The DJI Phantom 3 Professional is vertical
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takeoff and landing (VTOL) Unmanned Aircraft System (UAS) with a Ground Control Station

(GCS) utilizing electronic tablet or smart phone systems. The DJI Phantom 3 Professional has a

maximum gross weight of approximately 2.8 lb. while having a diagonal dimension of 23.2”, a

maximum speed of approximately 52 ft/s and a maximum flying height of 400'. The DJI

Phantom 3 Professional is equipped with four main rotors; each powered by a Lithium Polymer

battery powered electric motor.

The DJI Phantom 3 Professional that will be operated by DUBUQUE AERIAL MEDIA 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, DUBUQUE AERIAL MEDIA, pursuant to the provisions of the Federal Aviation

Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA),

Section 333, Special Rules for Certain Unmanned Aircraft Systems, hereby petitions the

Administrator to commercially operate the DJI Phantom 3 Professional, 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) & 61.51(b)(1).

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

unmanned aircraft and its operation, DUBUQUE AERIAL MEDIA operation of DJI Phantom 3

Professional 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, DUBUQUE AERIAL MEDIA 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.

DUBUQUE AERIAL MEDIA submits that the requested relief is proper since an equivalent

level of safety will be ensured. DUBUQUE AERIAL MEDIA will use experienced personnel to

perform maintenance, alterations, or preventative maintenance on the UAS using the methods,

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

and DJI Phantom 3 Professional Instruction Manual). Furthermore, DUBUQUE AERIAL

MEDIA will document and maintain all maintenance records for the DJI Phantom 3 Professional

UAS.

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

and limitations: Pilot in command, is requested by DUBUQUE AERIAL MEDIA 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 UAS in a
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manner consistent with this exemption, including evasive and emergency maneuvers and

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

DUBUQUE AERIAL MEDIA seeks relief from Section 91.7(a), entitled Civil aircraft

airworthiness, because the DJI Phantom 3 Professional UAS do not require an airworthiness

certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, DUBUQUE AERIAL

MEDIA submits that they will ensure that the DJI Phantom 3 Professional UAS is in an

airworthy condition, prior to every flight, by determining that the UAS are in compliance with

the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Professional

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

DUBUQUE AERIAL MEDIA also seeks an exemption from the requirements of Section 91.121,

entitled Altimeter Settings, as the DJI Phantom 3 Professional UAS will not have a typical

barometric altimeter onboard. However, altitude information of the DJI Phantom 3 Professional

UAS 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 DUBUQUE AERIAL

MEDIA’s operation of the DJI Phantom 3 Professional UAS within visual line of sight, at or

below 400 feet AGL, will ensure a level of safety equivalent to Section 91.121.

Additionally, DUBUQUE AERIAL MEDIA seeks an exemption from the requirements of

Section 91.151(b), entitled Fuel requirements for flight in VFR conditions. DUBUQUE AERIAL

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

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 approximately 23 minutes. 

Battery power indicators are also able to show exactly how much battery power is left, as well as

how much time is needed to return safely back to point of take off.

In accordance with 14 C.F.R. § 11.81, DUBUQUE AERIAL MEDIA 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:

John Haupert

Co-Owner

Dubuque Aerial Media

11838 English Mill Road

Dubuque IA 52003

563-590-1782, and 319-849-8539

service@dubuqueaerialmedia.com or johndvm@yousq.net
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B. The Specific Sections Of 14 C.F.R. From Which DUBUQUE AERIAL MEDIA Seeks

Exemption.

1. 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. 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. 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
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(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. 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. 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. 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. 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
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(2) An inspection for the issuance of an airworthiness certificate in accordance

with part 21 of this chapter.

8. Sections 91.417(a) And 91.417(b).

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

following:

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

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

in paragraph (b) of this section:

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

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

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

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

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

work performed; and

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

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

for 

(2) Records containing the following information:

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

each rotor.

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

rotor, and appliance.

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

are required to be overhauled on a specified time basis.

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

last inspection required by the inspection program under which the aircraft

and its appliances are maintained.

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

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

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

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.
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(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.

9. Section 61.51(b)(1).

Section 61.51, entitled Pilot logbooks, subsections (b) and (e), state the following:

(b) For the purposes of meeting the requirements of paragraph (a) of this section,

each person must enter the following information for each flight or lesson logged:

(1) General

(i) Date

(ii) Total flight time or lesson time.

(iii) Location where the aircraft departed and arrived, or for lessons

in a flight simulator, flight training device, or aviation training

device, as appropriate.

(iv) Type and identification of aircraft, flight simulator, flight

training device, or aviation training device, as appropriate.

(v) The name of a safety pilot, if required by § 91.109 of this

chapter.

C. The Extent Of Relief DUBUQUE AERIAL MEDIA Seeks And The Reason DUBUQUE

AERIAL MEDIA Seeks The Relief.

1. Section 61.113(a) And (b).

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

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

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

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

compensation or hire.

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

private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any
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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, DUBUQUE AERIAL MEDIA submits that an equivalent level of

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

Professional UAS unless that PIC has met certain flight-hour and currency requirements,

demonstrating that the PIC is able to safely operate either the DJI Phantom 3 Professional 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, DUBUQUE AERIAL MEDIA submits that all flights of the DJI Phantom 3 Professional

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

DUBUQUE AERIAL MEDIA’s business; and (2) will not carry passengers or property for

compensation or hire.

2. Section 91.7(a).

Relief from Section 91.7(a) entitled Civil aircraft airworthiness, is requested to the extent

required to allow DUBUQUE AERIAL MEDIA to determine that the DJI Phantom 3

Professional UAS are in airworthy condition prior to every flight by ensuring that the UAS is in

compliance with the operating documents (i.e., DUBUQUE AERIAL MEDIA Aerial Operations

Manual, Monthly Maintenance Log, and DJI Phantom 3 Professional Instruction Manual).

DUBUQUE AERIAL MEDIA seeks the requested relief because the DJI Phantom 3 Professional

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

Therefore, DUBUQUE AERIAL MEDIA will ensure that the DJI Phantom 3 Professional UAS

are in airworthy condition based upon its compliance with the operating documents (i.e.,

Monthly Maintenance Log, and DJI Phantom 3 Professional) 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. Section 91.121.

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

operations of the DJI Phantom 3 Professional UAS, which utilize a barometric pressure sensor,

GPS equipment, and a radio communications telemetry data link to downlink altitude

information from the UAS 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), DUBUQUE AERIAL MEDIA seeks the
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requested relief because the DJI Phantom 3 Professional UAS’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 Professional 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 heads-up

display of the GCS.

4. Section 91.151(b).

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

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

Professional UAS during daylight hours in visual meteorological conditions (VMC), under visual

flight rules (VFR), for a total duration of 23 minutes. DUBUQUE AERIAL MEDIA seeks the

requested relief because without an exemption from Section 91.151(b), the flight time duration

of the battery powered DJI Phantom 3 Professional UAS will severely constrain the practicality

of any aerial video or still photo flight operations that DUBUQUE AERIAL MEDIA proposes to

conduct pursuant to this Petition.

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

UAS, the DJI Phantom 3 Professional operating documents, and DUBUQUE AERIAL

MEDIA’s proposed operating limitations, ensure that DUBUQUE AERIAL MEDIA will safely

operate the battery powered DJI Phantom 3 Professional 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 23 minutes.

5. 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, DUBUQUE AERIAL MEDIA requests relief from

these Sections because the DJI Phantom 3 Professional UAS do not require airworthiness

certificates. As set forth more fully below, the DJI Phantom 3 Professional UAS meet the

conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingly,

DUBUQUE AERIAL MEDIA 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 DUBUQUE AERIAL MEDIA Aerial Operations

Manual, Monthly Maintenance Log, and DJI Phantom 3 Professional Instruction Manual).
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Furthermore, DUBUQUE AERIAL MEDIA will document and maintain all maintenance

records for the DJI Phantom 3 Professional UAS.

D. The Reasons Why Granting DUBUQUE AERIAL MEDIA 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 DUBUQUE AERIAL

MEDIA to safely, efficiently, and economically perform aerial video and photography of

construction sites, real estate, events and civic landscape over certain areas of the United States.

Additionally, use of the DJI Phantom 3 Professional UAS will decrease congestion of the NAS,

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

DUBUQUE AERIAL MEDIA’s proposed operation of the DJI Phantom 3 Professional UAS

will be realized without implicating any privacy issues.

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

The DJI Phantom 3 Professional UAS is 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 Professional 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

Professional UAS 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

Professional UAS.

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

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

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

using battery power and electric motors, the DJI Phantom 3 Professional UAS produces no air

pollution, and is the most viable environmentally conscious alternative to the cabin class, six

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

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

DJI Phantom 3 Professional UAS, while reducing the carbon footprint of aerial acquisitions, also
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eliminates noise pollution, as the UAS is propelled by battery powered electric motors, rather

than an internal combustion engine.

By using the DJI Phantom 3 Professional 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

Professional UAS (weighing approximately 2.8 pounds at their maximum gross weight with

diagonal dimension of 23.2 inches, and with no flammable 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.

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

Professional UAS Will Benefit The Economy.

In addition to being safe and efficient, the DJI Phantom 3 Professional UAS is also an

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

operation of the DJI Phantom 3 Professional UAS will allow United States based companies, like

DUBUQUE AERIAL MEDIA, 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 Professional UAS is one such technology that not only

allows companies greater operational flexibility compared to manned aircraft, but provides such

flexibility without the high operational cost of a traditional manned aircraft.

By operating the DJI Phantom 3 Professional UAS, companies such as DUBUQUE AERIAL

MEDIA, 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 Professional 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.

4. There Are No Privacy Issues.

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

DUBUQUE AERIAL MEDIA’s proposed operation of the DJI Phantom 3 Professional UAS

will not implicate any privacy issues. Specifically, the DJI Phantom 3 Professional UAS will be

operated only in compliance with operating documents (i.e., DUBUQUE AERIAL MEDIA

Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Professional
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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 DUBUQUE AERIAL MEDIA Seeks Exemption.

1. Reasons Why The DJI Phantom 3 Professional UAS 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, DUBUQUE AERIAL MEDIA’s operation of the DJI

Phantom 3 Professional 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 rule-making 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 off 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
15

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, DUBUQUE AERIAL MEDIA submits that the DJI Phantom 3

Professional UAS can operate safely in the NAS pursuant to FMRA Section 333,

as demonstrated by: (a) the characteristics of the DJI Phantom 3 Professional UAS; (b) the pilot

certification requirement; and (c) the specific operating limitations.

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

Characteristics.

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

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

capability.

i. Technical Specifications Of The DJI Phantom 3 Professional UAS.

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

DJI Phantom 3 Professional User Manual, attached as Appendix A.

ii. The DJI Phantom 3 Professional UAS Global Positioning Modes Enable The UAS

To Remain Within A Defined Operational Area.

The DJI Phantom 3 Professional UAS may be operated in both manual and global

positioning flight modes. A complete description of the flight and navigational modes of

the DJI Phantom 3 Professional Professional UAS is provided at pages 11 of the DJI

Phantom 3 Professional User Manual attached as Appendix A.

iii. The DJI Phantom 3 Professional UAS Are Designed For Automatic Return To

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

When the Control Link is lost, the DJI Phantom 3 Professional UAS will remain

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

Professional UAS does not reacquire control link data from the GCS, the UAS will

assume that the Control Link is lost and the 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 Professional UAS

is set forth at pages 12 through 14 of the DJI Phantom 3 Professional User Manual,

attached hereto as Appendix A.

iv. The DJI Phantom 3 Professional GCS And Its Operation.
16

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

Professional GCS and flight control software is provided at pages 23 through 29 of the

DJI Phantom 3 Professional User Manual. DJI Phantom 3 Professional User Manual is

attached as Appendix A.

b. Flight Operations Of DJI Phantom 3 Professional UAS Is Limited To The Line Of Sight

Of A Certificated Pilot in Command With A Safety Observer.

DUBUQUE AERIAL MEDIA video production staff will be the only persons to act as a pilot in

command (PIC) of the DJI Phantom 3 Professional UAS. Additionally, a safety observer will

assist him at all times during flight time.

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

Operating Limitations.

In seeking this exemption, DUBUQUE AERIAL MEDIA proposes to commercially operate DJI

Phantom 3 Professional 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 UAS weighing less than 55

pounds maximum gross weight: DJI Phantom 3 Professional UAS. 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 UAS must be operated at an altitude of no more than 400 feet above ground

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

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

must be in feet AGL.

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

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

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

certificate.

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

permitted.

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

the VLOS requirement as long as the PIC always maintains VLOS capability. The SO
17

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.

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.
18

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 UAS 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 UAS 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 UAS may not operate within 5 nautical miles of an airport reference point as

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

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

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

agreement with the airport management must be made available to the Administrator

upon request.

21. The UAS 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 UAS 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.
19

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 UAS 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 UAS must remain clear and yield the right of way to all manned aviation

operations and activities at all times.

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

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

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

vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating

persons from the UAS 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 UAS, flight operations must cease immediately and/or;
20

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

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

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

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

c. Operations nearer to the PIC, SO, operator trainees or essential persons do

not present an undue hazard to those persons per § 91.119(a).

32. All operations shall be conducted over private or controlled-access property with

permission from the land owner/controller or authorized representative. Permission

from land owner/controller or authorized representative will be obtained for each

flight to be conducted.

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.

DUBUQUE AERIAL MEDIA 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 Professional 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 Professional

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

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

Considering DUBUQUE AERIAL MEDIA’s proposed area of operations, and the operating

limitations set forth-above; the parallel nature of private pilot aeronautical knowledge

requirements to those of commercial pilot requirements (See Exemption No. 11062); and the

airmanship skills necessary to safely operate the DJI Phantom 3 Professional UAS, DUBUQUE

AERIAL MEDIA submits that the additional manned airmanship experience of a commercially

certificated pilot would not correlate to the airmanship skills necessary for DUBUQUE AERIAL

MEDIA’s 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).
21

DUBUQUE AERIAL MEDIA will not allow any PIC to operate the DJI Phantom 3 Professional

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

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

operate the DJI Phantom 3 Professional 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 DUBUQUE AERIAL MEDIA’s 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 multi-rotor

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

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

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

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

5 hours make and model time may be included in the 10 hours of multi-rotor time and the

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

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

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

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

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

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

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

experience-building flights can also be conducted under the grant of exemption to

accomplish the required flight time. During training, proficiency, and experience-building

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

with 14 C.F.R 91.119.

Exemption No. 11138, page 15.

Accordingly, DUBUQUE AERIAL MEDIA will ensure safe operations by not allowing any PIC

to operate the DJI Phantom 3 Professional UAS unless that PIC has demonstrated, by meeting
22

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

Phantom 3 Professional 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, DUBUQUE AERIAL MEDIA will ensure that the DJI Phantom 3 Professional

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 Professional UAS 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 DUBUQUE AERIAL MEDIA’s operation of the DJI Phantom 3 Professional 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

UAS 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).
23

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 Professional

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

flight operations. Accordingly, DUBUQUE AERIAL MEDIA will ensure that it will safely

operate the battery powered DJI Phantom 3 Professional UAS during daylight hours in VFR

conditions, with enough battery power to fly for a total duration of 23 minutes.

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

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 Professional 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 Professional

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, DUBUQUE AERIAL MEDIA 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

DUBUQUE AERIAL MEDIA 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., DUBUQUE AERIAL MEDIA Aerial Operations Manual,

Monthly Maintenance Log, and DJI Phantom 3 Professional Instruction Manual). Furthermore,

DUBUQUE AERIAL MEDIA will document and maintain all maintenance records for the DJI

Phantom 3 Professional UAS.

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

documents, DUBUQUE AERIAL MEDIA will maintain the equivalent level of safety
24

established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of the DJI Phantom 3

Professional User Manuals is attached hereto as Appendix A ; a copy of the DJI Phantom 3

Professional UAS Maintenance LOG is attached hereto as Appendix A.

Likewise, the exemption sought will not adversely affect safety because DUBUQUE AERIAL

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

maintenance on the UAS using the methods, techniques, and practices prescribed by the

operating documents.

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

Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the DJI Phantom 3

Professional 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 DUBUQUE AERIAL MEDIA’s proposed operating limitations, the

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

DUBUQUE AERIAL MEDIA 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, DUBUQUE AERIAL MEDIA requests that

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

Professional 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) & 91.417(a) & (b) & 61.51(b)(1). 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
25

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 Professional 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 DUBUQUE AERIAL MEDIA’s intended operation of the DJI

Phantom 3 Professional 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) & 61.51(b)(1).

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

Which DUBUQUE AERIAL MEDIA Seeks Exemption:

DUBUQUE AERIAL MEDIA 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) & 61.51(b)(1).

A Brief Description Of The Nature Of The Exemption DUBUQUE AERIAL MEDIA

Seeks:

This exemption will permit DUBUQUE AERIAL MEDIA 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 DUBUQUE AERIAL MEDIA’s

Request.

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012
26

(FMRA) Section 333, which directs the Secretary of Transportation to determine if certain UAS

may operate safely in the NAS. As such, DUBUQUE AERIAL MEDIA’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, DUBUQUE AERIAL MEDIA will operate the DJI Phantom 3

Professional UAS safely in the NAS, without creating a hazard to users of the NAS, or the

public, or otherwise pose a threat to national security.

CONCLUSION

As set forth herein, DUBUQUE AERIAL MEDIA 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 Professional 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 DUBUQUE AERIAL MEDIA to safely,

efficiently, and economically operate the DJI Phantom 3 Professional UAS commercially within

the NAS.

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

Modernization and Reform Act of 2012, Section 333, DUBUQUE AERIAL MEDIA 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) & 61.51(b)(1), and permit DUBUQUE AERIAL

MEDIA to operate the DJI Phantom 3 Professional UAS commercially for the purpose of

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

Dated: September 22, 2015

Respectfully submitted,

John Haupert

Co-Owner
27

Dubuque Aerial Media

11838 English Mill Road

Dubuque IA 52003

563-590-1782, and 319-849-8539

service@dubuqueaerialmedia.com

Appendices:

A – Link to DJI Phantom 3 Professional Manual: Click on link below:

http://download.djiinnovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual_v1.2_en.pdf