January 26, 2016

operation thirteenOne, LLC’s Petition for Exemption Section 333 of the FAA 

Reform Act and Part 11 of the Federal Aviation Regulations.

NAME AND ADDRESS OF PETITIONER

operation thirteenOne, LLC

Attn: Michael J. Huber Jr.

308 High St,

Westville, NJ 08093

856-383-1321

info@op131.com

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 

14 CFR Part 11, operation thirteenOne, hereby applies for an exemption from the 

listed Federal Aviation Regulations to allow commercial operation of its UAS. 

Operations are to be conducted within conditions set forth by the FAA as 

required by Section 333 and are hence forth outlined below within this 

document.

The request of exemption is for a DJI Phantom 3 Professional and DJI Inspire 1 

Pro that will be used for aerial photography for operation thirteenOne. 

Additionally, requested with this exemption is the ability to use the UAS outside 

of the United States during travel as long as long as safety operations of the 

governing NAS is followed and there are no restrictions stating flight is 

prohibited.

The following commercial operations are requested: 

• Aerial photography/video for public/private use including: real estate, 

architecture, land surveying, engineering, and other related professional 

activities.

• Television, public events, cinematography and news gathering.

• Inspection of residential/commercial structures under contract with the 

owners or local government authority.

• Residential/commercial utility infrastructure.
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• Provide live video feed to assist with search and rescue operations only 

when the local authories or government has requested it by contract or 

donation.

REGULATIONS FROM WHICH EXEMPTION IS REQUESTED

• 14 CFR Part 21 subpart H

• 14 CFR 45.23 (b)

• 14 CFR 61.113 (a) & (b)

• 14 CFR 91.7 (a)

• 14 CFR 91.9 (b) (2)

• 14 CFR 91.103

• 14 CFR 91.109

• 14 CFR 91.119 (c)

• 14 CFR 91.121

• 14 CFR 91.151 (a)

• 14 CFR 91.203 (a) & (b)

• 14 CFR 91.405 (a)

• 14 CFR 91.407 (a) (1)

• 14 CFR 91.409 (a) (2)

• 14 CFR 91.417 (a) & (b)

Two UAS will be operated by operation thirteenOne, both manufactured by DJI 

Innovations. The first is the DJI Phantom 3 Professional, with a total weight of 

2lbs 13oz. The dimensions are 16in. x 16in. x 7.5in. Without wind the maximum 

speed is no more than 35mph and a cruising speed of 25mph. The DJI 

Professional has the ability to hover and move along a vertical and horizontal 

place simultaneously. The DJI Phantom 3 has four motors (Model DJI 3510), 

powered by a 4480mAh 4s LiPo Lithium Polymer battery. There are four 

propellers (Model DJI 1345). The DJI Phantom Professional is controlled by the 

C3 remote controller with an operating frequency of 2.400GHz – 2.483GHz. The 

live video feed will have an operating frequency of 2.4GHz ISM with maximum 

range of 1.2 miles.

The second aircraft, the DJI Inspire 1 Pro, shares the same similar features as the 

DJI Phantom 3 Professional, which are listed below. The Inspire 1 Pro weighs 

7lbs. 8oz. and is slightly larger than the Phantom 3 Professional measuring 

17.2in. x 17.7in. x 11.8in. Both of the UAS share the same software and flight 

characteristics and have the same built-in limitations. The applicant will 

operate both UAS in line of sight after following a pre-flight checklist and 

follow all safety regulations, including: keeping the UAS under 400 feet, not 

flying within 5 miles of an airport/heliport, not flying near other aircraft, not 
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flying under the influence, not flying directly over people, and not flying near 

emergency responses.

DJI PHANTOM 3 PREFESSIONAL & INSPIRE 1 PRO

General Features

• Ready to fly

• 3-axis camera stabilization

• Precision flight and stable hovering

• GPS/GLONASS positioning & auto return home

• Onscreen real-time flight parameters

• High Definition 4k Camera

• Camera tilt control

• Film straight down

• Supports Adobe DNG RAW

• Adobe lens profile support

• Camera parameter settings

• Album synchronization

• FAA no-fly zone locked out via installed software

Transmitter

• Operating Frequency: 2.400GHz – 2.483 GHz

• Communication Distance (open area): CE: 2000m; FCC: 2000m

• Receiver Sensitivity(1%PER): -101dBm +/- 2dBm

• Transmitter Power: CE: 16dBm; FCC: 20dBm

• Working Voltage: Phantom 1.2A @ 7.4V, Inspire 22.5V

• Battery: Phantom 6000 mAh LiPo 2s, Inspire 5700 mAh LiPo 6S High 

voltage battery

Camera

• HD Recording: 4096 x 2162p @ 24fps, 1080p 60fps DJI GO APP

• System Requirement of Mobile Device: iOS Version 8.0 or above / Android 

system version 4.0 or above

• Mobile Device Support: Recommended: iPhone, iPad, iPod Touch

• Operating Environment Temperature: 0oC-40oC

• Max Resolution: 4096 x 2162p @ 24/25 fps

• FOV: 94o/85o

• Sensor size: 1/2.3" / Micro Four-thirds

Given the small size of both UAS and the controlled environment provided, the 

proposed operations will adhere to the Reform Act’s safety requirements. The 

approval of this application presents no national security issues. Regarding the 

level of safety surrounding the proposed operation and the public benefit, 

reduction in environmental impacts, including but not limited to reduced 
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emissions and noise, the grant of the requested exemption is in the public 

interest.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The operation limitations proposed for an equivalent or higher level of safety 

because operations will further enhance the safety of the persons and/or 

property using conventional aircraft. These limitations and conditions to which 

the applicant agrees to adhere to when conducting commercial operations 

under the FAA issues exemption as set forth in the Flight Operations Manual 

include:

• The UAS will weigh less than 55 lbs. (DJI Phantom 3 Professional weighs 

2lbs. 13oz., Inspire 1 Pro weighs 7lbs. 8oz.)

• Both UAS will have a maximum operating speed of no more than 35mph.

• Flights will be operated within line of sight of the Pilot in Command 

and/or Visual Observer.

• Maximum flight time for each operation flight will be 20 minutes. Flights 

will be terminated at 25% power reserve or 20 minutes of flight time 

whichever occurs first.

• Flights will be operated at an altitude of no more than 400 feet Above 

Ground Level and not more than 200 feet above an elevated platform 

from which filming is planned.

• Minimum crew for each operation will consist of the UAS Pilot, the Visual 

Observer and may include but not limited to a Camera Operator utilizing 

a separate camera controller (Inspire 1 Pro).

• A briefing will be performed regarding the planned UAS operations prior 

to each day’s flight.

• All flights will occur under Visual Flight Rules Meteorological Conditions 

only.

• Flights will occur no closer than a 5-mile radius of the geographic 

center/Airport Reference Point of a tower controlled or uncontrolled 

airport. The DJI Phantom 3 Professional and Inspire 1 Pro have built in 

software for all FAA regulated 'No Fly Zones’ and was uploaded by DJI 

(February 2015) for all DJI drones to download and prevent any possible 

flights occurring within no-fly zones.

• The Pilot in Command and Visual Observer will have been trained in 

operation of the UAS and receive up-to-date information for the 

particular UAS to be operated. Current Sectional Charts will also be 

available and reviewed prior to the start of filming or other operations.

• The Pilot in Command and Visual Observer will be able to communicate 

by voice, radio, and/or text al all times.
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• Written and/or verbal permission and permits will be obtained from 

territorial, state, county or city jurisdictions, including law enforcement, 

fire or other appropriate governmental agencies.

• If either UAS loses communications with the remote controller or loses 

GPS signal, the UAS will have the capability to return to a predetermined location within a designated location, set during take-off,

and land automatically.

• Both UAS will have the capability to abort a flight in case of unpredicted 

obstacles, weather, or emergencies.

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1)

Subpart H, entitled Airworthiness Certificates, establishes the procedural 

requirements for the issuance of airworthiness certificates as required by FAR 

§91.203 (a) (1). Given the size and limited operating area associated with the 

UAS to be utilized by the applicant, an exemption from Part 21 Subpart H meets 

the requirements of an equivalent level of safety under Part 11 and Section 333 

of the Reform Act. The Federal Aviation Act (49 U.S.C. §44701 (f)) and Section 

333 of the Reform Act both authorize the FAA to exempt aircraft from the 

requirement for an airworthiness certificate, upon consideration of the size, 

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

areas of the particular UAS. In all cases, an analysis of these criteria 

demonstrates that the UAS operated without an airworthiness certificate, in the 

restricted environment and under the conditions proposed will be at least as 

safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating 

with an airworthiness certificate without the restrictions and conditions 

proposed.

The UAS to be operated hereunder is less than 55lbs. fully loaded, carries 

neither a pilot nor passenger, carries no explosive materials or flammable liquid 

fuels, and operates exclusively within a secured and designated area. Unlike 

other civil aircraft, operations under this exemption will be tightly controlled 

and monitored by both the operator and under the requirements and in 

compliance with local public safety requirements. Lastly application of these 

same criteria demonstrates that there is no credible threat to national security 

posed by both UAS, due to their size, speed of operation, location of operation, 

lack of explosive materials or flammable liquid fuels, and inability to carry a 

substantial external load.

14 C.F.R § 45.23 (b). Marking of the Aircraft

When marks include only the Roman capital letter “N” and the registration 

number is displayed on limited, restricted or light-sport category aircraft or 

experimental or provisionally certificated aircraft, the operator must also 
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display on that aircraft near each entrance to the cabin, cockpit, or pilot station, 

in letters not less than 2 inches nor more than 6 inches high, the words “limited,” 

“restricted,” “light-sport,” “experimental,” or “provisional,” as applicable.

Even though either UAS will have no airworthiness certificate, an exemption is 

requested as both UAS will have no entrance to the cabin, cockpit, or pilot 

station on which the word “Experimental” can be placed. Given the size of either 

UAS, two-inch lettering will be impossible. The word “Experimental” will be 

placed on the fuselage in compliance with §45.29 (f).

The equivalent level of safety will be provided by having both UAS marked on 

its fuselage as required by §45.29 (f) where the pilot, observer and others 

working with the UAS will see the identification either of the UAS as 

“Experimental.”

14 C.F.R. § 61.113 (a) and (b): Private Pilot Privileges and Limitations: Pilot in 

Command

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

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

may that person, for compensation or hire, act as pilot in command of an 

aircraft. A private pilot may, for compensation or hire, act as pilot in command 

of an aircraft in connection with any business or employment if...

An equivalent level of safety can be achieved by current regulations because 

the applicant’s UAS do not carry any pilots or passengers nor property. The risks 

attendant to the operation of UAS is far less than the risk levels inherent in the 

commercial activities outlined in 14 CFR 61. The operation and limitations set 

forth in the FOM will equate to the safe operation of the UAS.

14 C.F.R. § 91.7 (a): Civil Aircraft Airworthiness

No person may operate a civil aircraft unless it is in an airworthy condition. The 

pilot in command of a civil aircraft is responsible for determining whether that 

aircraft is in condition for safe flight. The pilot in command shall discontinue the 

flight when unairworthy mechanical, electrical, or structural conditions occur.

Given the size of either aircraft for maintenance and use of safety check lists 

prior to each flight an equivalent level of safety will be provided.

14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft

No person may operate a U.S.-registered civil aircraft—For which an Airplane or 

Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless there is 
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available in the aircraft a current approved Airplane or Rotorcraft Flight Manual, 

approved manual material, markings, and placards, or any combination thereof.

The UAS doesn’t have the ability to carry a flight manual on the aircraft, due to 

it’s size and no cockpit. Instead the equivalent level of safety will be maintained 

by keeping the flight manual with the pilot operating the UAS from the ground 

with immediate access to it.

14 C.F.R. § 91.103: Preflight Action

Each pilot in command shall, before beginning a flight, become familiar with all 

available information concerning that flight.

An exemption is requested as the FAA approved rotorcraft flight manuals will 

not be provided. Instead the Pilot in Command will take all actions as stated in 

the manufacturer FOM in the pre-flight inspection section, including but not 

limited to reviewing weather, flight batteries, landing and takeoff distances, and 

aircraft performance data before initiation of flight. Laminated preflight 

checklists based on manufacturer’s recommendations of either aircraft will be 

used.

14 C.F.R § 91.109: Flight Instruction

No person may operate a civil aircraft (except a manned free balloon) that is 

being used for flight instruction unless that aircraft has fully functioning dual 

controls.

UAS operates using a RC transmitter that communicates to the aircraft via 

radio communications. The FAA has approved exemptions for flight training 

without dual controls and for flight instruction in experimental aircraft. The 

equivalent level of safety provided by the fact that neither a pilot nor 

passengers will be carried in the aircraft and by the size and speed of the 

aircraft.

14 C.F.R § 91.119: Minimum Safe Altitudes

Except when necessary for takeoff or landing, no person may operate an aircraft 

below the following altitudes: (d) Helicopters, powered parachutes, and weightshift-control aircraft. If the operation is conducted without hazard to persons or 

property on the surface.

Exemption is requested for a UAS that is a helicopter. Requests are made to 

operate at altitudes up to 400 feet Above Ground Level and not more than 200 

above an elevated platform/structure from which filming is planned. In the case 

where the structure that is being filmed/surveyed exceeds the height of 400 
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feet, an exemption is requested to still be able to film/survey the structure as 

long as the UAS does not exceed an altitude of 200 feet above the structure’s 

highest point and only be done in restricted zones where security clearance is 

needed and other structures and people will not be exposed without preobtained consent.

The equivalent level of safety will be achieved given the size, weight, and speed 

of the UAS as well as the location where it is operated. No flight will be taken 

without the permission of the property owner of local officials. Because of the 

advance notice to the property owner and participants in the filming activity, all 

affected individuals will be aware of the planned flight operations. The lowaltitude operations of the UAS will ensure separation between UAS operations 

and the operations of conventional aircraft that must comply with Section 

91.119.

14 C.F.R. § Altimeter Settings

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.

An exemption is requested as the UAS only has a GPS read out and not a true 

barometric altimeter. An equivalent level of safety will be achieved by the 

operator, using the safety check list and live data monitoring provided by the 

UAS to the transmitter and also confirming altitude of the launch site shown on 

the GPS altitude before flight.

14 C.F.R. § 91.151 (a): Fuel Requirements for Flight in VFR Conditions

No person may begin a flight in an airplane 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—During 

the day, to fly after that for at least 30 minutes; or At night, to fly after that for 

at least 45 minutes.

An exemption is requested as the UAS does not use fuel, instead a LiPo battery 

is used providing only a maximum flight time of 25 minutes. In order to meet the 

reserve requirements, flight time would be limited to 10 minutes. Due to the 

battery limitations and since being operated in a predetermined area, a longer 

time frame for flight in daylight or twilight VFR conditions are requested.

Operation of the UAS will be in tightly controlled areas where only people and 

property owners or official representatives who have signed waivers will be 

allowed. Exemption is requested to allow flight times of 20 minutes or 25% of 
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battery power—whichever comes first. Since UAS will always be in line of sight 

this will provide enough power to return to the operator for landing.

14 C.F.R. § 91.203 (a) and (b): Carrying Civil Aircraft Certification and 

Registration

Except as provided in §91.715, no person may operate a civil aircraft unless it has 

within it the following: An appropriate and current airworthiness certificate. 

Each U.S. airworthiness certificate used to comply with this subparagraph 

(except a special flight permit, a copy of the applicable operations 

specifications issued under §21.197(c) of this chapter, appropriate sections of 

the air carrier manual required by parts 121 and 135 of this chapter containing 

that portion of the operations specifications issued under §21.197(c), or an 

authorization under §91.611) must have on it the registration number assigned to 

the aircraft under part 47 of this chapter. However, the airworthiness certificate 

need not have on it an assigned special identification number before 10 days 

after that number is first affixed to the aircraft. A revised airworthiness 

certificate having on it an assigned special identification number, that has been 

affixed to an aircraft, may only be obtained upon application to an FAA Flight 

Standards district office.

No person may operate a civil aircraft unless the airworthiness certificate 

required by paragraph (a) of this section or a special flight authorization issued 

under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to 

passengers or crew.

A fully loaded UAS weighs no more than 55 lbs. and is operated by a pilot on 

the ground. There is no cockpit or storage on the UAS to hold such documents.

An equivalent level of safety will be achieved by keeping such documents with 

the pilot at the ground control point where the pilot will have immediate access, 

as long as they are applicable to the UAS.

14 C.F.R. § 91.405 (a); 407 (a) (1); 409 (a) (2); 417 (a) & (b): Maintenance 

Inspections

Each owner or operator of an aircraft—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;

These sections and Part 43 apple to an aircraft with an airworthiness certificate, 

which do not apply to the UAS. Therefore maintenance will be completed by the 

owner in accordance to the flight manuals and operating handbooks.
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An equivalent level of safety will be achieved because of the size of the UAS 

and limited flight time in restricted areas. In case any mechanical issues occur 

the UAS can be immediately landed and will not be operated at heights no 

higher than 400 feet Above Ground Level. The operator will perform required 

maintenance and keep logs of any maintenance performed before attempting 

flight again. Maintenance and inspections will be performed in accordance with 

the UAS Manufacturer’s User Manual. The UAS will only take flight when it is in 

known working order.

Sincerely,

Michael J. Huber Jr.

operation thirteenOne, LLC

308 High St,

Westville, NJ 08093

856-383-1321