1

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

JOSEPH A OLESKE III

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS

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

91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL OPERATION

OF DJI Phantom 2 AND DJI Phantom 3 UNMANNED AIRCRAFT SYSTEMS

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012

(PUBLIC LAW 112-95)

Submitted on June 17, 2015

Joseph A. Oleske III

2312 Forest Circle

Toms River, NJ 08755

732-236-1834

drjoehd@gmail.com
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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.............................................................................................7

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH JOSEPH A OLESKE III SEEKS EXEMPTION.......7

THE EXTENT OF RELIEF JOSEPH A OLESKE III SEEKS AND THE REASON JOSEPH A OLESKE III SEEKS 

THE RELIEF......................................................................................................................................10

THE REASONS WHY GRANTING JOSEPH A OLESKE III’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................................................26

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT JOSEPH A 

OLESKE III’S REQUEST............................................................................................................................. 26

CONCLUSION............................................................................................................................... 26

APPENDICES............................................................................................................................................................28
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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
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SUMMARY

JOSEPH A OLESKE III 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 JOSEPH A 

OLESKE III to operate an Unmanned Aircraft System (UAS) for the commercial purpose of

conducting aerial video and photography of real estate and landscape, aerial video and 

photography for cinema and advertisement production, and search and rescue operations over 

certain areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

JOSEPH A OLESKE III seeks to provide his clients with photography and videography of 

properties for the purpose of advertising. JOSEPH A OLESKE III further seeks to provide his 

clients with cinema quality aerial images for use in motion picture production and commercial

advertisement. A compliant motion picture and television operations manual (MPTOM) is 

currently being created. JOSEPH A OLESKE III also seeks to be able to use his equipment, 

training and expertise to assist in search and rescue operations. JOSEPH A OLESKE III has 

hundreds of hours flying experience as a PIC in SEL aircraft. He has over 2 years 

recreational/hobby experience in all aspects of aerial video and photography. The objective of 

JOSEPH A OLESKE III and his aerial operations is to provide high quality imaging for a variety of 

commercial, public, and residential uses, specifically targeting:

• Residential Construction

• Real-estate marketing

• Filmmaking

 Search & Rescue

BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 2, DJI Phantom 3 sUAS

JOSEPH A OLESKE III seeks an exemption to operate DJI systems for compensation or hire within 

the NAS. The DJI Phantom 2 and DJI Phantom 3 are vertical takeoff and landing (VTOL) 

Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart 

phone systems. The DJI Phantom 2 has a maximum gross weight of approximately 2 pounds 11 
5

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 has similar dimensions and 

specifications. The DJI Phantom 2 and DJI Phantom 3UAs are equipped with four main rotors; 

driven by Lithium Polymer battery powered electric motors.

BASIS FOR PETITION

Petitioner, JOSEPH A OLESKE, pursuant to the provisions of the Federal Aviation Regulations (14 

C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, Special 

Rules for Certain Unmanned Aircraft Systems, hereby petitions the Administrator to 

commercially operate the DJI Phantom 2, DJI Phantom 3 UASs in the National Airspace System 

(NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 

91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

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

unmanned aircraft and its operation, JOSEPH A OLESKE III operation of DJI Phantom 2 and DJI 

Phantom 3 UASs 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, JOSEPH A 

OLESKE III 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.

JOSEPH A OLESKE III submits that the requested relief is proper since an equivalent level of

safety will be ensured. JOSEPH A OLESKE III 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., Maintenance Log, and 

DJI Phantom 2 and DJI Phantom 3 Instruction Manuals).

Furthermore, JOSEPH A OLESKE III will document and maintain all maintenance records for

the DJI Phantom 2 and DJI Phantom 3 sUAS.

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

and limitations: Pilot in command, is requested by JOSEPH A OLESKE III 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 or driver’s license, and who has demonstrated, by meeting minimum 

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

and DJI Phantom 3 UASs in a manner consistent with this exemption, including evasive and 

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

and structures.

JOSEPH A OLESKE III seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness,

because the DJI Phantom 2 and DJI Phantom 3 UASs do not require an airworthiness certificate 

in accordance with 14 C.F.R. Part 21, Subpart H. As such, JOSEPH A OLESKE III submits that he 

will ensure that the DJI Phantom 2 and DJI Phantom 3 sUAS are in an airworthy condition, prior 
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to every flight, by determining that the UASs are in compliance with the operating documents 

(i.e., Maintenance Log, and DJI Phantom 2 and DJI Phantom 3 Instruction Manual), and that the 

aircraft are in a condition for safe flight.

JOSEPH A OLESKE III also seeks an exemption from the requirements of Section 91.121, entitled 

Altimeter Settings, as the DJI Phantom 2 and DJI Phantom 3 UAs will not have a typical 

barometric altimeter onboard. However, altitude information of the DJI Phantom 2 and DJI 

Phantom 3UAs 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 JOSEPH A OLESKE III’s 

operation of the DJI Phantom 2 and DJI Phantom 3 UASs within visual line of sight, at or below 

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

Additionally, JOSEPH A OLESKE III seeks an exemption from the requirements of Section

91.151(b), entitled Fuel requirements for flight in VFR conditions. JOSEPH A OLESKE III submits 

that safety will not be affected by operation of the DJI Phantom 2 and DJI Phantom 3 sUAS

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 14.5 minutes to the first 

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

minutes.
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In accordance with 14 C.F.R. § 11.81, JOSEPH A OLESKE III 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:

JOSEPH A OLESKE III

2312 Forest Circle

Toms River, NJ 08755

732-236-1834

drjoehd@gmail.com

B. The Specific Sections Of 14 C.F.R. From Which JOSEPH A OLESKE III Seeks Exemption.

1. JOSEPH A OLESKE III Seeks Exemption From The Requirements Of Section61.113(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. JOSEPH A OLESKE III 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. JOSEPH A OLESKE III 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;
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(ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this 

section, the current reported altimeter setting of an appropriate available 

station; or

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

departure airport or an appropriate altimeter setting available before departure.

4. JOSEPH A OLESKE III 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 flyto the first point of 

intended landing and, assuming normal cruising speed, to fly after that for at least 20 

minutes.

5. JOSEPH A OLESKE III 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. JOSEPH A OLESKE III 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. JOSEPH A OLESKE III 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 --
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(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. JOSEPH A OLESKE III Seeks Exemption From The Requirements Of Sections 91.417(a) And 

91.417(b).

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

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

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

paragraph (b) of this section:

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

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

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

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

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

the work performed; and

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

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

aircraft for return to service.

(2) Records containing the following information:

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

and each rotor.

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

propeller, rotor, and appliance.

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

are required to be overhauled on a specified time basis.

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

the last inspection required by the inspection program under which the 

aircraft and its appliances are maintained.

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

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

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

involves 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:
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(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 JOSEPH A OLESKE III Seeks And The Reason JOSEPH A OLESKE III Seeks 

The Relief.

1. Extent Of Relief JOSEPH A OLESKE III Seeks And The Reason JOSEPH A OLESKE III Seeks 

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

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

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

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

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

for compensation or hire.

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

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

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

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

As set forth more fully below, JOSEPH A OLESKE III submits that an equivalent level of safety will 

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

Phantom 3 UAS unless that PIC has met certain flight-hour and currency requirements, 

demonstrating that the PIC is able to safely operate either the DJI Phantom 2 or DJI 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, JOSEPH A OLESKE III submits that all flights of the DJI Phantom 2 and DJI Phantom

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

JOSEPH A OLESKE III’s business; and (2) will not carry passengers or property for compensation 

or hire.

2. Extent Of Relief JOSEPH A OLESKE III Seeks And The Reason JOSEPH A OLESKE III Seeks 

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

required to allow JOSEPH A OLESKE III to determine that the DJI Phantom 2 and DJI Phantom 3 

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

with the operating documents (i.e., Maintenance Log, and DJI Phantom 2 and DJI Phantom 3

Instruction Manual).

JOSEPH A OLESKE III seeks the requested relief because the DJI Phantom 2 and DJI

Phantom 3 UASs do not require an airworthiness certificate in accordance with 14 C.F.R.

Part 21, Subpart H. Therefore, JOSEPH A OLESKE III will ensure that the DJI Phantom 2 and

DJI Phantom 3 UASs are in airworthy condition based upon its compliance with the operating 

documents (i.e., Maintenance Log, and DJI Phantom 2 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 JOSEPH A OLESKE III Seeks And The JOSEPH A OLESKE III Seeks Relief From 

Section 91.121.

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

operations of the DJI Phantom 2 and DJI Phantom 3 UASs, 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), JOSEPH A OLESKE III seeks the requested relief because the DJI 

Phantom 2 and 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 2 and 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 heads-up 

display of the GCS.

4. Extent Of Relief JOSEPH A OLESKE III Seeks And The Reason JOSEPH A OLESKE III Seeks 

Relief From Section 91.151(b).

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

requested to the extent required to allow flights of the battery powered DJI Phantom 2 and DJI 

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

flight rules (VFR), for a total duration of 14.5 minutes to the first point of intended landing and, 

assuming normal cruising speed, to fly after that for at least 4.5 minutes. JOSEPH A OLESKE III

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

time duration of the battery powered DJI Phantom 2 and DJI Phantom 3 UAs will severely 
12

constrain the practicality of any aerial video or still photo flight operations that JOSEPH A 

OLESKE III proposes to conduct pursuant to this Petition.

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

Phantom 3 UASs, the DJI Phantom 2 and DJI Phantom 3 operating documents, and JOSEPH A 

OLESKE III’s proposed operating limitations, ensure that JOSEPH A OLESKE III will safely operate 

the battery powered DJI Phantom 2 and 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 14.5 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 JOSEPH A OLESKE III Seeks And The Reason JOSEPH A OLESKE III 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, JOSEPH A OLESKE III requests relief from these 

Sections because the DJI Phantom 2 and DJI Phantom 3 UASs do not require airworthiness 

certificates. 

As set forth more fully below, the DJI Phantom 2 and DJI Phantom 3 UASs meet the conditions 

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

OLESKE III will use trained technicians to perform maintenance, alterations, or preventive 

maintenance on the sUAS using the methods, techniques, and practices prescribed in the UAS 

operating documents (i.e., Maintenance Log, and DJI Phantom 2 and DJI Phantom 3 Instruction 

Manual). Furthermore, JOSEPH A OLESKE III will document and maintain all maintenance 

records for the DJI Phantom 2 and DJI Phantom 3 UASs.
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D. The Reasons Why Granting JOSEPH A OLESKE III 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 JOSEPH A OLESKE III to 

safely, efficiently, and economically perform aerial video and photography of real estate, and 

landscape over certain areas of the United States. Additionally, use of the DJI Phantom 2 and 

DJI Phantom 3 UASs will decrease congestion of the NAS, reduce pollution, and provide 

significant benefits to the economy. Notably, the benefits of JOSEPH A OLESKE III’s proposed 

operation of the DJI Phantom 2 and DJI Phantom 3 UASs will be realized without implicating any 

privacy issues.

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

The DJI Phantom 2 and DJI Phantom 3 UAs 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 2 or 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 2 and DJI Phantom 3 UAs do not require an 

airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial video and 

photography missions would result in fewer aircraft that must be handled by air traffic control 

during the ground, takeoff, departure, arrival, and landing phases of flight operations.

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

Phantom 3 UASs.

Conducting aerial acquisitions with the DJI Phantom 2 and DJI Phantom 3 UASs, 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 2 and DJI Phantom 3 UASs 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 20-30 gallons per hour of leaded aviation fuel. 

The DJI Phantom 2 and DJI Phantom 3 UAs, while reducing the carbon footprint of aerial 

acquisitions, also eliminates noise pollution, as the UAs are propelled by battery powered 

electric motors, rather than an internal combustion engine. By using the DJI Phantom 2 and DJI 

Phantom 3 UASs 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. 
14

Aside from the lack of flight crew members located onboard the aircraft, the DJI Phantom 2 and 

DJI Phantom 3 UAs (weighing approximately 2 pounds 11 ounces and 6 pounds 7.5 ounces 

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

respectively, widths of 16 inches and 17.7 inches respectively, and with no fuel on board), has 

less physical potential for 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 2 and DJI 

Phantom 3 UASs Will Benefit The Economy.

In addition to being safe and efficient, the DJI Phantom 2 and DJI Phantom 3 UASs are also an 

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

operation of the DJI Phantom 2 and DJI Phantom 3 UASs will allow United States based 

companies, like JOSEPH A OLESKE III, 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 2 and DJI Phantom 3 UASs is one such 

technology that not only allows companies greater operational flexibility compared to manned 

aircraft, but provides such flexibility without the high operational cost of a traditional manned 

aircraft.

By operating the DJI Phantom 2 and DJI Phantom 3 UASs, persons such as Joseph A Oleske III, 

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

employees and contractors, which will ultimately contribute to growth of the U.S. economy. 

Improved financial performance of U.S. companies, through commercial use of the DJI Phantom 

2 and DJI Phantom 3 UASs, 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, JOSEPH A OLESKE III’s proposed operation of the DJI Phantom 2 and DJI Phantom 3 

UASs will not implicate any privacy issues. Specifically, the DJI Phantom 2 and DJI Phantom 3 

UASs will be operated only in compliance with operating documents (i.e., Maintenance Log, and 

DJI Phantom 2 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.
15

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 JOSEPH A OLESKE III Seeks Exemption.

1. Reasons Why The DJI Phantom 2 and DJI Phantom 3 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, JOSEPH A OLESKE III’s operation of the DJI Phantom 2 and 

DJI Phantom 3 UASs 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, JOSEPH A OLESKE III submits that the DJI Phantom 2 and DJI

Phantom 3 UASs can operate safely in the NAS pursuant to FMRA Section 333, as

demonstrated by: (a) the characteristics of the DJI Phantom 2 and DJI Phantom 3 

UASs; (b) the pilot certification requirement; and (c) the specific operating limitations.
16

a. The Specifications Of The DJI Phantom 2 and DJI Phantom 3 UASs Demonstrate Its Safe 

Characteristics.

The DJI Phantom 2 and DJI Phantom 3 sUAS do not create a hazard to users of the NAS or the 

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

operational capability.

i. Technical Specifications Of The DJI Phantom 2 and DJI Phantom 3 UASs.

The technical specifications of the DJI Phantom 2 and DJI Phantom 3 UASs are set forth

by the DJI Phantom 2 and DJI Phantom 3 User Manuals, those specifications are 

attached hereto as Appendix A and B.

ii. The DJI Phantom 2 and DJI Phantom 3 UASs Autonomous Flight And Navigation 

Modes Enable The UASs To Remain Within A Defined Operational Area.

The DJI Phantom 2 and DJI Phantom 3 UASs may be operated in both manual and fully

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

of the DJI Phantom 2 and DJI Phantom 3 UASs is provided in the DJI Phantom 2 and DJI 

Phantom 3 User Manuals, attached hereto as Appendix D and E.

iii. The DJI Phantom 2 and DJI Phantom 3 sUAS Are Designed For Automatic Return To 

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

When the Control Link is lost, the DJI Phantom 2 and DJI Phantom 3 UAs will remain

stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 2 and DJI

Phantom 3 UAs do not reacquire control link data from the GCS, the UAs will assume 

that the Control Link is lost and the UAs will return to the home position (i.e., failsafe 

mode) via GPS, and will descend to the takeoff position and shutdown.

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

in the DJI Phantom 2 and DJI Phantom 3 User Manuals, attached hereto as Appendix D

and E.

iv. The DJI Phantom 2 and DJI Phantom 3 GCS And Its Operation.

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

Phantom 3 GCS and flight control software is provided in the DJI Phantom 2 and DJI 

Phantom 3 User Manuals, attached hereto as Appendix D and E.
17

b. Flight Operations Of DJI Phantom 2 and DJI Phantom 3 UASs Are Limited To The Line Of 

Sight Of A Certificated Pilot in Command With A Safety Observer.

JOSEPH A OLESKE III will be the only person to act as a pilot in command (PIC) of the DJI

Phantom 2 and DJI Phantom 3 UASs. Additionally, a safety observer will assist in flights.

c. Flights Of DJI Phantom 2 and DJI Phantom 3 UASs Will Be Conducted Pursuant To Specific 

Operating Limitations.

In seeking this exemption, JOSEPH A OLESKE III proposes to commercially operate DJI Phantom 

2 and DJI Phantom 3 UASs 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 2 and DJI Phantom 3 Unmanned Aircraft 

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

petition to amend this grant.

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

purpose of aerial video and photography.

3. The sUAS may not be flown at an indicated airspeed exceeding 50 knots.

4. The UA 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 without a 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.
18

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.

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.
19

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 valid driver’s 

license or 3rd Class medical. 

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

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

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

and emergency maneuvers and maintaining appropriate distances from persons, 

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

manner consistent with 14 C.F.R.

§ 61.51(b). Flights for the purposes of training the operator’s PICs are permitted under 

the terms of the exemption. However, training operations may only be conducted 

during dedicated training sessions. During training, proficiency, and experience-building 

flights, all persons not essential for flight operations are considered nonparticipants, and 

the PIC must operate the UA with appropriate distance from nonparticipants in 

accordance with 14 C.F.R. § 91.119.

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

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

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

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

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

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

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

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

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

request.

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

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

22. If the UA loses communications or loses its GPS signal, it must return to a 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 20% battery power remaining.
20

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).
21

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.

JOSEPH A OLESKE III submits that the equivalent level of safety established by Section 61.113(a) 

and (b) will be maintained because no PIC will be allowed to operate the DJI Phantom 2 and DJI 

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

currency requirements, that the PIC is able to safely operate the DJI Phantom 2 or DJI 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.

Considering JOSEPH A OLESKE III’s proposed area of operations, and the operating limitations 

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

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

necessary to safely operate the DJI Phantom 2 or DJI Phantom 3 UAS, JOSEPH A OLESKE III

submits that the additional manned airmanship experience of a commercially certificated pilot 

would not correlate to the airmanship skills necessary for JOSEPH A OLESKE III’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).

JOSEPH A OLESKE III will not allow any PIC to operate the DJI Phantom 2 or DJI Phantom 3 UAS 

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

Phantom 2 or DJI Phantom 3 UAS training and currency requirements, that the PIC is able to 

safely operate the DJI Phantom 2 or 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 sUAS 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 
22

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 JOSEPH A OLESKE III’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 at page 15.

Accordingly, JOSEPH A OLESKE III will ensure safe operations by not allowing any PIC to operate 

the DJI Phantom 2 or DJI Phantom 3 UAS unless that PIC has demonstrated, by meeting 

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

Phantom 2 or 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, JOSEPH A OLESKE III will ensure that the DJI Phantom 2 or DJI Phantom 3 UAS is in 
23

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 2 and DJI Phantom 3 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 JOSEPH A OLESKE III’s operation of the DJI Phantom 2 and DJI Phantom 3 UAs 

within visual line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to 

Section 91.121. The altitude information will be generated by GPS equipment installed onboard 

the aircraft. Prior to each flight, a zero altitude initiation point is automatically established by 

the UASs at ground level.

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

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

11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 

11158, 11159, 11160, 11161).

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

Adversely Affect Safety.

A grant of this exemption would ensure an equivalent level of safety established by 14 C.F.R. 

Section 91.151(b) as a result of (1) the technical specifications of the DJI Phantom 2 and DJI 

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

the proposed flight operations. Accordingly, JOSEPH A OLESKE III will ensure that it will safely 

operate the battery powered DJI Phantom 2 and DJI Phantom 3 sUAS 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 2 and DJI 

Phantom 3 UASs; 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 2 and DJI Phantom 3 UASs 

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 
24

again at approximately 10% remaining battery power. At the critically low battery level, the DJI 

Phantom Vision+ and DJI Phantom 3 UASs 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, JOSEPH A OLESKE III 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 JOSEPH A 

OLESKE III will use trained technicians to perform maintenance, alterations, or preventive 

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

operating documents (i.e., Maintenance Log, DJI Phantom 2 and DJI Phantom 3 Instruction 

Manual). Furthermore, JOSEPH A OLESKE III will document and maintain all maintenance 

records for the DJI Phantom 2 and DJI Phantom 3 sUAS.

Since the DJI Phantom 2 and DJI Phantom 3 UASs will be inspected as prescribed by the

operating documents, JOSEPH A OLESKE III will maintain the equivalent level of safety 

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

and DJI Phantom 3 User Manuals are attached hereto as Appendix D and E; a copy of the DJI 

Phantom 2 and DJI Phantom 3 UAS Maintenance LOG is attached hereto as Appendix C.

Likewise, the exemption sought will not adversely affect safety because JOSEPH A OLESKE III

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

the sUAS 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 2 and 

DJI Phantom 3 sUAS 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 JOSEPH A OLESKE III’s proposed operating limitations, the operating

documents, and the technical aspects of the DJI Phantom 2 and DJI Phantom 3 sUAS, JOSEPH A 
25

OLESKE III 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, JOSEPH A OLESKE III requests that the FAA 

prescribe special conditions for the intended operation of the DJI Phantom 2 and DJI Phantom 3 

sUAS, 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 sUAS 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 2 and DJI Phantom 3 sUAS, 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 JOSEPH A OLESKE III intended operation of the DJI Phantom 2 and DJI 

Phantom 3 UASs, which contain such safety standards that the Administrator finds necessary to 

establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 
26

C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) 

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

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

JOSEPH A OLESKE III Seeks Exemption:

JOSEPH A OLESKE III 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 JOSEPH A OLESKE III Seeks:

This exemption will permit JOSEPH A OLESKE III 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 JOSEPH A OLESKE 

III’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, JOSEPH A OLESKE III’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 

ahazard 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, JOSEPH A OLESKE III will operate the DJI Phantom 2 and 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, JOSEPH A OLESKE III seeks an exemption pursuant to 14 C.F.R. § 11.61 and 

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

operation of the DJI Phantom 2 and DJI Phantom 3 UASs commercially, without an 

airworthiness certificate, for the limited purpose of conducting aerial video and photography 

over certain areas of the United States. By granting this Petition, the FAA Administrator will be 

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

also advancing the interests of the public, by allowing JOSEPH A OLESKE III to safely, efficiently, 

and economically operate the DJI Phantom 2 and DJI Phantom 3 sUAS commercially within the 

NAS.

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

and Reform Act of 2012, Section 333, JOSEPH A OLESKE III respectfully requests that the 
27

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 JOSEPH A OLESKE III to operate the DJI Phantom 2 and DJI Phantom 

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

areas of the United States.

Dated: June 17, 2015

Respectfully submitted,

JOSEPH A OLESKE III

2312 Forest Circle

Toms River, NJ 08755

732-236-1834

drjoehd@gmail.com
28

Appendices:

A – DJI Phantom 2 Vision + Specifications Data Sheet

B – DJI Phantom 3 Specifications Data Sheet

C – Monthly Maintenance Log

D- DJI Phantom 2 Vision + Users Guide

E- DJI Phantom 3 Users Guide

APPENDIX – A

DJI PHANTOM 2 VISION+ TECHNICAL SPECIFICATIONS

JOSEPH A OLESKE III only utilizes safe and reliable UASs. DJI is an industry leader in small UAS 

production. DJI UASs are loaded with ground breaking software enabling the user to set 

parameters which will not allow flight into controlled airspace. Parameters can also be set to 

limit flight to no higher than a predetermined and set altitude as well as limit flight to a 

predetermined and set distance. In addition, DJI software provides real-time altitude and

location information to the PIC via the linked monitor (smart phone/tablet devices)

1.1 DJI Phantom 2 Vision+

1.1.1 Aircraft

1.1.1.1 Supported Battery – DJI 5200mAH LiPo Battery

1.1.1.2 Weight (Battery & Propellers Included) – 2lbs 11.810oz (1242g)

1.1.1.3 Hover Accuracy (Ready to Fly) – Vertical: .8m; Horizontal: 2.5m

1.1.1.4 Max Yaw Angular Velocity - 2000/s

1.1.1.5 Max Tilt Angel - 350

1.1.1.6 Max Ascent Speed – 6m/s

1.1.1.7 Max Descent Speed – 2m/s

1.1.1.8 Max Flight Speed – 15m/s (NOT RECOMMENDED)

1.1.2 Gimbal

1.1.2.1 Working Current – Static: 750mA; Dynamic: 900mA

1.1.2.2 Control Accuracy - ±0.030

1.1.2.3 Controllable Range – Pitch: -900 - 00

1.1.2.4 Maximum Angular Speed – Pitch: 900/s

1.1.3 Camera

1.1.3.1 Operating Temperature Range - 320F - 1040F (00C - 400C)

1.1.3.2 Sensor Size – 1/2.3”

1.1.3.3 Effective Pixels – 14M

1.1.3.4 Resolution – 4384x3288

1.1.3.5 HD Video Recording – 1080p30 & 720p
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1.1.3.6 Recording Field of View - 1100/850

1.1.4 Transmitter

1.1.4.1 Operating Frequency – 5.728GHz – 5.85GHz

1.1.4.2 Communication Distance (unobstructed) – FCC Compliance: 800m

1.1.4.3 Receiver Sensitivity (1%PER) - -93dBm

1.1.4.4 Transmitter Power – FCC Compliance: 100mW

1.1.4.5 Working Voltage – 120mA@3.7V

1.1.5 Range Extender

1.1.5.1 Operating Frequency – 2412-2462MHz

1.1.5.2 Communication Distance (unobstructed) – 500-700m

1.1.5.3 Transmitter Power – 20dBm

1.1.5.4 Power Consumption – 2W
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APPENDIX – B

DJI Phantom 3 TECHNICAL SPECIFICATIONS

JOSEPH A OLESKE III only utilizes safe and reliable UASs. DJI is an industry leader in small UAS 

production. DJI UASs are loaded with ground breaking software enabling the user to set 

parameters which will not allow flight into controlled airspace. Parameters can also be set to 

limit flight to no higher than a predetermined and set altitude as well as limit flight to a 

predetermined and set distance. In addition, DJI software provides real-time altitude and

location information to the PIC via the linked monitor (smart phone/tablet devices)

2.2 DJI Phantom 3

2.2.1 Aircraft

2.2.1.1 Model: Phantom 3

2.2.1.2 Weight (Battery included): 1280g

2.2.1.3 Diagonal Size (including propellers): 590mm

2.2.1.4 Maximum Ascent Speed: 5 m/s

2.2.1.5 Max Descent Speed – 3m/s s

2.2.1.6 Max Ascent Speed – 5m/s

2.2.1.7 Hover Accuracy: Vertical +/- 0.1m Horizontal +/- 1.5m

2.2.1.8 Max Speed – 16m/s (ATTI mode, no wind)

2.2.1.9 Max Flight Altitude – 6000m

2.2.1.10 Operating Temperature: 0 C to 40 C

2.2.1.12 GPS Mode: FPS/GLONASS

2.2.2 Gimbal

2.2.2.1 Controllable Range: Pitch -90 degrees to +30 degrees

2.2.2.2 Stabilization: 3 axis gimbal

2.2.3 Camera

2.2.3.1 Name – Sony EXMOR 1⁄2.3”

2.2.3.2 Total Pixels – 12.76 M

2.2.3.3 Effective Pixels – 12.4M

2.2.3.4 Image Max Size – 4000x3000

2.2.3.5 ISO Range – 100-3200

2.2.3.6 Field of View - 94° 20 mm (35 mm format equivalent) f/2.8, focus at ∞

2.2.3.7 CMOS – Sony EXMOR 1/2.3”

2.2.3.8 HD Video Recording – UHD(4K): 4096x2160p24/25,

3840x2160p24/25/30; FHD: 1920x1080p24/25/30/48/50/60; HD:

1280x720p24/25/30/48/50/60

2.2.3.9 Operating Temperature Range - 320F - 1040F (00C - 400C)
31

2.2.4 Transmitter

2.2.4.1 Receiving Sensitivity - -101 dBm

2.2.4.2 Operating Frequency –2.400-2.483GHz

2.2.4.3 Communicating Distance (unobstructed) – 2000m

2.2.4.4 Output Power – 20 dBm

2.2.4.5 Operating Temperature Range - 00C to 400C

2.2.4.6 Battery – 600mAh LiPo 2S
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APPENDIX – C Maintenance Logs

Phantom Maintenance Logs

Monthly Maintenance to include the following:

Propellers removed, checked for damage, and balanced. All fasteners checked secure and at proper 

torque. Motors inspected for free movement, clear of debris. Airframe inspected free from defect. 

Camera and gimbal system checked for proper function, movement and retaining pins. Transmitter 

checked for function, all antennas inspected. All batteries to be tested. Advance calibration of the 

IMU performed. Compass calibration performed. Flight test conducted of all flight modes and 

safety features. 

Aircraft # 

& Date

Date Work Performed (include all parts 

replaced)

Personell Flight Test Date & Time
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APPENDIX – D

DJI Phantom 2 Vision + Operating manual (uploaded separately)

APPENDIX – E

DJI Phantom 3 Operating manual (uploaded separately)