UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

Regulatory Docket No. : _______________________

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

KEANU KUNA

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF

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

91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), AND 91.417(a) & 

(b) CONCERNING COMMERCIAL OPERATION OF DJI PHANTOM 3 

PROFESSIONAL, DJI S800 EVO, AND DJI INSPIRE 1 UNMANNED AIRCRAFT

SYSTEMS

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012

(PUBLIC LAW 112-95)

Submitted on July 29, 2015

KEANU KUNA

415 Uluniu Street, Suite C 

Kailua, Hawaii 96734 

keanu.kuna@gmail.com 

1 
TABLE OF CONTENTS

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

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

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

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

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

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

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH KEANU KUNA SEEKS 

EXEMPTION ..................................................................................................................7

THE EXTENT OF RELIEF KEANU KUNA SEEKS AND THE REASON KEANU 

KUNA SEEKS THE RELIEF...... ..................................................................................10

THE REASONS WHY GRANTING KEANU KUNA’S REQUEST WOULD BE IN 

THE PUBLIC INTEREST ..............................................................................................12

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY

AFFECT SAFETY ..........................................................................................................14

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER..........................26

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO 

SUPPORT KEANU KUNA’S REQUEST.................................................................................27

CONCLUSION............................................................................................................................27

APPENDICES........................................................................................ ........30

2
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

3
SUMMARY

KEANU KUNA 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 KEANU KUNA

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

aerial video and photography of construction sites, real estate, and landscape over certain areas 

of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

KEANU KUNA provides his clients with expertise and knowledge in advanced technologies 

and solutions to increase efficiency, productivity and effectiveness. KEANU KUNA has 

hundreds of hours flying experience. He has over 5 years recreational/hobby experience in all 

aspects of aerial video and photography. The objective of KEANU KUNA and his aerial 

operations is to provide high quality imaging for a variety of commercial, public, and residential 

uses, specifically targeting:

• Construction sites before and after

• Ocean sports filming

• Appraisals

• Real-estate marketing

• Motion Picture Filming

• Aerial acquisitions used for inspections of public and private structures.

• Search and Rescue operations

BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 3 Professional, DJI S800 EVO, DJI Inspire 1 UASs

KEANU KUNA seeks an exemption to operate DJI systems for compensation or hire within the 

NAS. The DJI Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 1 are vertical takeoff 

and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing

electronic tablet or smart phone systems. 

• The DJI Phantom 3 Professional has a maximum gross weight of approximately 2 

pounds 13 ounces, while having a length of 16 inches width of 16 inches, height of 8 

inches, and a maximum speed of approximately 31 knots. 

• The DJI S800 EVA has a maximum gross weight of 14 pounds 11.2 ounces, a length of

31.5 inches, width of 31.5 inches, height of 12.6 inches, and a maximum speed of 

4
approximately 56.4 knots. 

• The DJI Inspire 1 has a maximum gross weight of 6 pounds 7.5 ounces, a length of 17.3 

inches, width of 17.7 inches, height of 11.8 inches, and a maximum speed of 

approximately 42 knots. 

• The DJI Phantom 3 Professional and DJI Inspire 1UAs are equipped with four main 

rotors; DJI S800 EVO has six main rotors driven by Lithium Polymer battery powered 

electric motors.

The DJI Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 1 UAs that will be operated 

by KEANU KUNA will be registered in accordance with 49 U.S.C. 44103, Registration of 

Aircraft, as well as 14 C.F.R Part 47, Aircraft Registration, and marked in accordance with 14 

C.F.R. Part 45, Identification and Registration Marking.

BASIS FOR PETITION

Petitioner, KEANU KUNA, pursuant to the provisions of the Federal Aviation Regulations (14 

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

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

commercially operate the DJI Phantom 3 Professional, DJI Inspire 1 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, KEANU KUNA operation of DJI Phantom 3 Professional, 

DJI S800 EVO, and DJI Inspire 1 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, KEANU KUNA 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.

KEANU KUNA submits that the requested relief is proper since an equivalent level of safety

will be ensured. KEANU KUNA 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. DJI Phantom 3 

Professional, DJI S800 EVO, and DJI Inspire 1 Instruction Manual and Maintenance Manual).

Furthermore, KEANU KUNA will document and maintain all maintenance records for the DJI 

Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 1 UASs.

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

and limitations: Pilot in command, is requested by KEANU KUNA to the extent necessary to 

allow a Pilot in Command (PIC) holding a private pilot or higher level certificate, as well as an

5
airman medical certificate, and who has demonstrated, by meeting minimum flight- hour and 

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

DJI S800 EVO, and DJI Inspire 1 UASs in a manner consistent with this exemption, including

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

vehicles and structures.

KEANU KUNA seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, because 

the DJI Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 1 UASs do not require an

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

KUNA submits that he will ensure that the DJI Phantom 3 Professional and DJI Inspire 1UASs

are in an airworthy condition, prior to every flight, by determining that the UASs are in

compliance with the operating documents (i.e. DJI Phantom 3 Professional, DJI S800 EVO, and 

DJI Inspire 1 Instruction Manual and Maintenance Manual), and that the aircraft are in a 

condition for safe flight.

KEANU KUNA also seeks an exemption from the requirements of Section 91.121, entitled 

Altimeter Settings, as the DJI Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 1 UAs 

will not have a typical barometric altimeter onboard. However, altitude information of the DJI

Phantom 3 Professional and DJI Inspire 1UAs 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 KEANU KUNA’s operation of the DJI Phantom 3 Professional, 

DJI S800 EVO, and DJI Inspire 1 UASs within visual line of sight, at or below 500 feet AGL, 

will ensure a level of safety equivalent to Section 91.121.

Additionally, KEANU KUNA seeks an exemption from the requirements of Section 91.151(b), 

entitled Fuel requirements for flight in VFR conditions. KEANU KUNA submits that safety will 

not be affected by operation of the DJI Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 

1 UAs during daylight hours in visual meteorological conditions (VMC) under visual flight

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

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

least 4.5 minutes.

In accordance with 14 C.F.R. § 11.81, KEANU KUNA 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:

KEANU KUNA

415 Uluniu Street, Suite C

Kailua, Hawaii 96734

Keanu.kuna@gmail.com

B. The Specific Sections of 14 C.F.R. From Which KEANU KUNA Seeks Exemption.

6
1. KEANU KUNA Seeks Exemption from the Requirements of Section 61.113(a) 

and (b).

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

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

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

command (PIC) of an aircraft that is carrying passengers or property for 

compensation or hire; nor may that person, for compensation or hire, act as PIC of 

an aircraft.

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

connection with any business or employment if—

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

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

hire.

2. KEANU KUNA 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. KEANU KUNA Seeks Exemption From The Requirements Of Section 

91.121.

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

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

flight level of that aircraft, as the case may be, by reference to an altimeter that is 

set, when operating--

(1) Below 18,000 feet MSL, to--

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

within 100 nautical miles of the aircraft;

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

this section, the current reported altimeter setting of an appropriate available 

station; or

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

departure airport or an appropriate altimeter setting available before departure.

4. KEANU KUNA Seeks Exemption From The Requirements Of Section 

91.151(b).

7
Section 91.151, entitled Fuel requirements for flight in VFR conditions, subsection

(b), states the following:

(b) No person may begin a flight in a rotorcraft under VFR conditions unless 

(considering wind and forecast weather conditions) there is enough fuel to fly

to the first point of intended landing and, assuming normal cruising speed, to fly 

after that for at least 20 minutes.

5. KEANU KUNA 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. KEANU KUNA 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. KEANU KUNA Seeks Exemption From The Requirements Of Sections 

91.409(a)(1) And 91.409(a)(2).

Section 91.409, entitled Inspections, subsection (a), states the following:

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

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

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

been approved for return to service by a person authorized by § 43.7 of this 

chapter; or

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

accordance with part 21 of this chapter.

8
8. KEANU KUNA 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.

9
(b) The owner or operator shall retain the following records for the periods 

prescribed:

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

until the work is repeated or superseded by other work or for 1 year after the work 

is performed.

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

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

(3) A list of defects furnished to a registered owner or operator under §43.11 

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

approved for return to service.

C. The Extent Of Relief KEANU KUNA Seeks And The Reason KEANU KUNA Seeks 

The Relief.

1. Extent Of Relief KEANU KUNA Seeks And The Reason KEANU KUNA 

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, KEANU KUNA submits that an equivalent level of safety will be 

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

DJI Inspire 1 UAS unless that PIC has met certain flight-hour and currency requirements, 

demonstrating that the PIC is able to safely operate either the DJI Phantom 3 Professional, DJI 

S800 EVO, or DJI Inspire 1 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, KEANU KUNA submits that all flights of the DJI Phantom 3 Professional, DJI S800 

EVO, and DJI Inspire 1 UASs, conducted by the PIC pursuant to the grant of this Petition: (1) 

will be incidental to KEANU KUNA’s business; and (2) will not carry passengers or property for 

compensation or hire.

10
2. Extent Of Relief KEANU KUNA Seeks And The Reason KEANU KUNA 

Seeks Relief From Section 91.7(a).

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

required to allow KEANU KUNA to determine that the DJI Phantom 3 Professional, DJI S800 

EVO, and DJI Inspire 1 UASs are in airworthy condition prior to every flight by ensuring that 

the UAS is in compliance with the operating documents (i.e. DJI Phantom 3 Professional, DJI 

S800 EVO, and DJI Inspire 1 Instruction Manual and Maintenance Manual).

KEANU KUNA seeks the requested relief because the DJI Phantom 3 Professional, DJI S800 

EVO, and DJI Inspire 1 UASs do not require an airworthiness certificate in accordance with 14 

C.F.R. Part 21, Subpart H. Therefore, KEANU KUNA will ensure that the DJI Phantom 3 

Professional, DJI S800 EVO, and DJI Inspire 1 UASs are in airworthy condition based upon its 

compliance with the operating documents (i.e. DJI Phantom 3 Professional, DJI S800 EVO, and 

DJI Inspire 1 Instruction Manual and Maintenance 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 KEANU KUNA Seeks And The Reason KEANU KUNA 

Seeks Relief From Section 91.121.

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

operations of the DJI Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 1 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), KEANU KUNA seeks 

the requested relief because the DJI Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 1 

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

pressure or field altitude, before each flight.

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

to the extent necessary to comply with the applicable conditions and limitations stated below. As 

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

Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 1 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 KEANU KUNA Seeks And The Reason KEANU KUNA 

Seeks Relief From Section 91.151(b).

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

11
requested to the extent required to allow flights of the battery powered DJI Phantom 3 

Professional, DJI S800 EVO, and DJI Inspire 1 UAs during daylight hours in visual 

meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 13.5 

minutes to the first point of intended landing and, assuming normal cruising speed, to fly after 

that for at least 4.5 minutes.

KEANU KUNA seeks the requested relief because without an exemption from Section 

91.151(b), the flight time duration of the battery powered DJI Phantom 3 Professional, DJI S800 

EVO, and DJI Inspire 1 UAs will severely constrain the practicality of any aerial video or still 

photo flight operations that KEANU KUNA proposes to conduct pursuant to this Petition.

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

DJI S800 EVO, and DJI Inspire 1 UASs, the DJI Phantom 3 Professional, DJI S800 EVO, and 

DJI Inspire 1 operating documents, and KEANU KUNA’s proposed operating limitations, ensure 

that KEANU KUNA will safely operate the battery powered DJI Phantom 3 Professional, DJI 

S800 EVO, and DJI Inspire 1 UAs during daylight hours in visual meteorological conditions 

(VMC), under visual flight rules (VFR), with enough battery power to fly for a total duration of 

13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly 

after that for at least 4.5 minutes.

5. Extent Of Relief KEANU KUNA Seeks And The Reason KEANU KUNA 

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, KEANU KUNA requests relief from these Sections 

because the DJI Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 1 UASs do not require 

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

S800 EVO, and DJI Inspire 1 UASs meet the conditions of FMRA Section 333 for operation 

without an airworthiness certificate. Accordingly, KEANU KUNA will use trained technicians to 

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

techniques, and practices prescribed in the UAS operating documents (i.e. DJI Phantom 3 

Professional, DJI S800 EVO, and DJI Inspire 1 Instruction Manual and Maintenance Manual). 

Furthermore, KEANU KUNA will document and maintain all maintenance records for the DJI 

Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 1 UASs.

D. The Reasons Why Granting KEANU KUNA 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 KEANU KUNA to 

safely, efficiently, and economically perform aerial video and photography of construction sites, 

ocean sports, real estate, and landscape over certain areas of the United States.

Additionally, use of the DJI Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 1 UASs 

will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the 

12
economy. Notably, the benefits of KEANU KUNA’s proposed operation of the DJI Phantom 3 

Professional, DJI S800 EVO, and DJI Inspire 1 UASs will be realized without implicating any 

privacy issues.

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

The DJI Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 1 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 3 Professional, DJI S800 EVO, or 

DJI Inspire 1 UAS would reduce the amount of manned aircraft in the NAS, reduce noise and air 

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

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

around airports caused by arriving and departing aircraft will be reduced. The DJI Phantom 3 

Professional, DJI S800 EVO, and DJI Inspire 1 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 3 

Professional, DJI S800 EVO, and DJI Inspire 1 UASs.

Conducting aerial acquisitions with the DJI Phantom 3 Professional, DJI S800 EVO, and DJI 

Inspire 1 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 3 

Professional, DJI S800 EVO, and DJI Inspire 1 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 3 Professional, 

DJI S800 EVO, and DJI Inspire 1 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 3 Professional, DJI S800 EVO, and DJI Inspire 1 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. Aside from the lack of flight crew members located onboard the 

aircraft, the DJI Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 1 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 

13
approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons).

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

Professional, DJI S800 EVO, and DJI Inspire 1 UASs Will Benefit The Economy.

In addition to being safe and efficient, the DJI Phantom 3 Professional, DJI S800 EVO, and DJI 

Inspire 1 UASs are also an economical alternative to using manned aircraft to conduct similar 

aerial operations. As such, operation of the DJI Phantom 3 Professional, DJI S800 EVO, and DJI 

Inspire 1 UASs will allow United States based companies, like KEANU KUNA, to remain 

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

aviation fuel and the Environmental Protection Agency (“EPA”) regulatory actions phasing out 

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

technology in order to remain competitive. Operating the battery powered DJI Phantom 3 

Professional, DJI S800 EVO, and DJI Inspire 1 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 3 Professional, DJI S800 EVO, and DJI Inspire 1 UASs, 

companies such as KEANU KUNA, can remain competitive and profitable, and therefore, 

provide greater job stability to employees and contractors, which will ultimately contribute to 

growth of the U.S. economy. Improved financial performance of U.S. companies, through 

commercial use of the DJI Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 1 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, 

KEANU KUNA’s proposed operation of the DJI Phantom 3 Professional, DJI S800 EVO, and 

DJI Inspire 1 UASs will not implicate any privacy issues. Specifically, the DJI Phantom 3 

Professional, DJI S800 EVO, and DJI Inspire 1 UASs will be operated only in compliance with 

operating documents (i.e. DJI Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 1 

Instruction Manual and Maintenance Manual) which requires property owner involvement as 

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

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

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

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

By The Rule From Which KEANU KUNA Seeks Exemption.

1. Reasons Why The DJI Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 1 

UAs Meet The Conditions Of The FAA Modernization and Reform Act of 2012 (FMRA) 

Section 333.

14
In consideration of the size, weight, speed, and limited operating area associated with the 

unmanned aircraft and its operation, KEANU KUNA’s operation of the DJI Phantom 3 

Professional, DJI S800 EVO, and DJI Inspire 1 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, KEANU KUNA submits that the DJI Phantom 3 Professional, DJI 

S800 EVO, and DJI Inspire 1 UASs can operate safely in the NAS pursuant to FMRA Section 

333, as demonstrated by: (a) the characteristics of the DJI Phantom 3 Professional, DJI S800 

EVO, and DJI Inspire 1 UASs; (b) the pilot certification requirement; and (c) the specific 

operating limitations.

a. The Specifications Of The DJI Phantom 3 Professional, DJI S800 EVO, and 

DJI Inspire 1 UASs Demonstrate Its Safe Characteristics.

15
The DJI Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 1 UASs 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 3 Professional, DJI 

S800 EVO, and DJI Inspire 1 UASs.

The technical specifications of the DJI Phantom 3 Professional, DJI S800 EVO, 

and DJI Inspire 1 UASs are set forth by the DJI Phantom 3 Professional, DJI S800 

EVO, and DJI Inspire 1 User Manuals, attached hereto as Appendix A, B, and C.

ii. The DJI Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 1 

UASs Autonomous Flight And Navigation Modes Enable The UASs To 

Remain Within A Defined Operational Area.

The DJI Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 1 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 3 

Professional, DJI S800 EVO, and DJI Inspire 1 UASs is provided at pages 25-35 

of the DJI Phantom 3 Professional and pages 12-16 and 45-50 of the DJI Inspire 1 

User Manuals, attached hereto as Appendix A, B, and C.

iii. The DJI Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 1 

UASs Are Designed For Automatic Return To Home Point Or Hover In The 

Event Of Loss Of The Control Link Or Navigation.

When the Control Link is lost, the DJI Phantom 3 Professional, DJI S800 EVO, 

and DJI Inspire 1 UAs will remain stationary, in flight, for 3 seconds or more. If, 

after 3 seconds, the DJI Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 

1 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 3 

Professional UAS are set forth at pages 27 through 29 and for the DJI Inspire 1 at 

pages 13 through 15 of the DJI Phantom 3 Professional, DJI S800 EVO, and DJI 

Inspire 1 User Manuals, attached hereto as Appendix A, B, and C.

iv. The DJI Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 1 

GCS And Its Operation.

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

16
Professional, DJI S800 EVO, and DJI Inspire 1 GCS and flight control software is 

provided at pages 32 through 43 of the DJI Phantom 3 Professional User Manual 

and pages 40 through 47 of the DJI Inspire 1 User Manual. DJI Phantom 3 

Professional, DJI S800 EVO, and DJI Inspire 1 User Manuals are attached hereto 

as Appendix A, B, and C.

b. Flight Operations Of DJI Phantom 3 Professional, DJI S800 EVO, and DJI 

Inspire 1 UASs Are Limited To The Line Of Sight Of A Certificated Pilot in 

Command With A Safety Observer.

KEANU KUNA will be the only person to act as a pilot in command (PIC) of the DJI 

Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 1 UASs. Additionally, a safety 

observer will assist him during flight time.

c. Flights Of DJI Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 1 

UASs Will Be Conducted Pursuant To Specific Operating Limitations.

In seeking this exemption, KEANU KUNA proposes to commercially operate DJI 

Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 1 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 3 

Professional, DJI S800 EVO, and DJI Inspire 1 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 UAs may not be flown at an indicated airspeed exceeding 20 knots.

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

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

documents unless a special request is made and approved by ATC. All 

altitudes reported to ATC must be in feet AGL.

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

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

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

airman medical certificate.

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

permitted.

17
7. All operations must utilize a safety observer (SO). The SO may be used to 

satisfy the VLOS requirement as long as the PIC always maintains VLOS 

capability. The SO and PIC must be able to communicate verbally at all times.

Electronic messaging or texting is not permitted during flight operations. The 

PIC must be designated before the flight and cannot transfer his or her 

designation for the duration of the flight. The PIC must ensure that the SO can 

perform the functions prescribed in the operating documents.

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

seeing and avoiding other air traffic and other ground based 

obstacles/obstructions and is not permitted to operate the camera or other 

instruments.

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

during UAS operations and made available to the Administrator upon request. 

If a discrepancy exists between the conditions and limitations contained in the 

grant of exemption and the procedures outlined in the operating documents, 

the conditions and limitations contained in the grant of exemption take 

precedence and must be followed. Otherwise, the operator must follow the 

procedures as outlined in its operating documents. The operator may update or 

revise its operating documents. It is the operator’s responsibility to track such 

revisions and present updated and revised documents to the Administrator 

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

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

operator determines that any update or revision would affect the basis upon 

which the FAA granted the exemption, then the operator must petition for 

amendment to its grant of exemption. The FAA’s UAS Integration Office 

(AFS-80) may be contacted if questions arise regarding updates or revisions to 

the operating documents.

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

condition for safe flight. If the inspection reveals a condition that affects the 

safe operation of the UAS, the aircraft is prohibited from operating until the 

necessary maintenance has been performed and the UAS is found to be in a 

condition for safe flight. The Ground Control Station must be included in the 

preflight inspection. All maintenance and alterations must be properly 

documented in the aircraft records.

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.

18
12. The pre-flight inspection must account for all potential discrepancies, e.g. 

inoperable components, items, or equipment, not already covered in the 

relevant sections of the operating documents.

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

maintenance, overhaul, replacement, inspection, and life limit requirements.

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

requirements, in accordance with the operating documents. Maintenance, 

inspection, alterations, and status of replacement/overhaul component parts 

must be noted in the aircraft records, including total time in service, 

description of work accomplished, and the signature of the authorized person 

returning the UAS to service.

15. Each UASs operated under this exemption must comply with all manufacturer 

Safety Bulletins.

16. The authorized person must make an entry in the aircraft record of the 

corrective action taken against discrepancies discovered between inspections.

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

third- class medical certificate.

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

operator’s qualification criteria and demonstrates the ability to safely operate 

the UAS in a manner consistent with how the UAS will be operated under the 

exemption, including evasive and emergency maneuvers and maintaining 

appropriate distances from persons, vessels, vehicles and structures. PIC 

qualification flight hours must be logged in a manner consistent with 14 

C.F.R. § 61.51(b). Flights for the purposes of training the operator’s PICs are 

permitted under the terms of the exemption. However, training operations may 

only be conducted during dedicated training sessions. During training, 

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

operations are considered nonparticipants, and the PIC must operate the UA 

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

91.119.

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

1.1. All operations must be conducted under visual meteorological conditions 

(VMC). If flight at 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 

19
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 

pre- determined location within the planned operating area and land or be 

recovered in accordance with the operating documents.

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

emergencies in accordance with the operating documents.

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

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

speed to the intended landing point and land the UA with 25% battery power 

remaining.

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

Certificate of Waiver or Authorization (COA) prior to conducting any 

operations under the grant of exemption. This COA will also require the 

operator to request a Notice to Airman (NOTAM) not more than 72 hours in 

advance, but not less than 48 hours prior to the operation. All operations shall 

be conducted in accordance with airspace requirements in the ATO issued 

COA including class of airspace, altitude level and potential transponder 

requirements.

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

serial number, registered in accordance with 14 C.F.R. part 47, and have 

identification (N- Number) 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.

20
30. The UAS may not be operated by the PIC from any moving device or vehicle.

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

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

persons), vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect 

nonparticipating persons from the UA and/or debris in the event of an 

accident. The operator must ensure that nonparticipating persons 

remain under such protection. If a situation arises where 

nonparticipating persons leave such protection and are within 500 feet 

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

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

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

permission and the PIC has made a safety assessment of the risk of 

operating closer to those objects and determined that it does not 

present an undue hazard, and;

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

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

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

with permission from the 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.

KEANU KUNA submits that the equivalent level of safety established by Section 61.113(a) and 

(b) will be maintained because no PIC will be allowed to operate the DJI Phantom 3 

Professional, DJI S800 EVO, and DJI Inspire 1 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 3 Professional, DJI S800 EVO, or DJI Inspire 1 UAS in a manner consistent 

with the exemption, including evasive and emergency maneuvers and maintaining appropriate 

distances from people, vessels, vehicles and structures.

21
Considering KEANU KUNA’s proposed area of operations, and the operating limitations set 

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

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

to safely operate the DJI Phantom 3 Professional, DJI S800 EVO, or DJI Inspire 1 UAS, 

KEANU KUNA submits that the additional manned airmanship experience of a commercially 

certificated pilot would not correlate to the airmanship skills necessary for KEANU KUNA’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).

KEANU KUNA will not allow any PIC to operate the DJI Phantom 3 Professional, DJI S800 

EVO, or DJI Inspire 1 UAS unless that PIC has demonstrated, by meeting minimum flight-hour 

requirements or the DJI Phantom 3 Professional, DJI S800 EVO, or DJI Inspire 1 UAS training 

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

DJI S800 EVO, or DJI Inspire 1 UAS in a manner consistent with this exemption, including 

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

vehicles and structures.

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

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

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

under the exemption). In addition to the hour requirements, the PIC must accomplish 3 takeoffs 

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

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

obtained in compliance with applicable regulations will ensure an equivalent level of safety 

during KEANU KUNA’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 

22
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, KEANU KUNA will ensure safe operations by not allowing any PIC to operate the 

DJI Phantom 3 Professional, DJI S800 EVO, or DJI Inspire 1 UAS unless that PIC has 

demonstrated, by meeting minimum flight-hour and currency requirements, that the PIC is able 

to safely operate the DJI Phantom 3 Professional, DJI S800 EVO, or DJI Inspire 1 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, KEANU KUNA will ensure that the DJI Phantom 3 Professional or DJI

Inspire 1 UAS is in an airworthy condition based upon the UAS’s compliance with its operating 

documents and as stated in the conditions and limitations herein.

Additionally, the FAA has previously granted relief from Section 91.7(a) specific to UAS, in 

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

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

11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

4. Reasons Why An Exemption From The Requirements Of Section 91.121 Would Not 

Adversely Affect Safety.

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

altitude information of the DJI Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 1 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 KEANU KUNA’s operation of the DJI Phantom 3 

Professional, DJI S800 EVO, and DJI Inspire 1 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 

23
similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 

11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138,

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

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

Not Adversely Affect Safety.

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

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

Professional, DJI S800 EVO, and DJI Inspire 1 UASs; (2) the limitations on the proposed flight 

operations; and (3) the location of the proposed flight operations. Accordingly, KEANU KUNA 

will ensure that it will safely operate the battery powered DJI Phantom 3 Professional, DJI S800 

EVO, and DJI Inspire 1 UAs during daylight hours in VFR conditions, with enough battery 

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

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

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

DJI S800 EVO, and DJI Inspire 1 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 3 

Professional, DJI S800 EVO, and DJI Inspire 1 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 again at approximately 10% remaining battery 

power. At the critically low battery level, the DJI Phantom Vision+ and DJI Inspire 1 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, KEANU KUNA 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 KEANU 

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

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

24
operating documents (i.e. DJI Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 1 

Instruction Manual and Maintenance Manual). Furthermore, KEANU KUNA will document and 

maintain all maintenance records for the DJI Phantom 3 Professional, DJI S800 EVO, and DJI 

Inspire 1 UASs.

Since the DJI Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 1 UASs will be inspected 

as prescribed by the operating documents, KEANU KUNA will maintain the equivalent level of 

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

Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 1 User Manuals are attached hereto as 

Appendix A, B, and C; a copy of the DJI Phantom 3 Professional, DJI S800 EVO, and DJI 

Inspire 1 UAS Maintenance Log is attached hereto as Appendix D.

Likewise, the exemption sought will not adversely affect safety because KEANU KUNA will 

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

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

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

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

Professional, DJI S800 EVO, and DJI Inspire 1 UASs 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 KEANU KUNA’s proposed operating limitations, the operating documents, 

and the technical aspects of the DJI Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 1 

UASs, KEANU KUNA 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, KEANU KUNA requests that the FAA 

prescribe special conditions for the intended operation of the DJI Phantom 3 Professional, DJI 

S800 EVO, and DJI Inspire 1 UASs, which contain such safety standards that the Administrator 

finds necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, 

Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions will permit 

safe operation of the UAs for the limited purpose of conducting aerial video and photography 

over certain areas of the United States for compensation or hire. FMRA Section 333 sets forth 

the requirements for considering whether a UAS will create a hazard to users of the NAS or the 

25
public, or otherwise pose a threat to national security; and further, provides the authority for such 

UAS to operate without airworthiness certification in accordance with any requirements that 

must be established for the safe operation of the UAS in the NAS.

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

§ 21.16, for operation of the DJI Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 1 

UASs, since the airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or 

appropriate safety standards, due to the novel or unusual design features of the aircraft. Section 

21.16, entitled Special Conditions, states the following:

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

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

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

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

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

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

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

See 14 C.F.R. § 21.16.

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

prescribe special conditions for Leading Edge’s intended operation of the DJI Phantom 3 

Professional, DJI S800 EVO, and DJI Inspire 1 UASs, which contain such safety standards that 

the Administrator finds necessary to establish a level of safety equivalent to that established by 

14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 

91.405(a),

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

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

Rules From Which KEANU KUNA Seeks Exemption:

KEANU KUNA 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 KEANU KUNA Seeks:

This exemption will permit KEANU KUNA 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 

KEANU KUNA’s Request.

26
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, KEANU KUNA’s request for 

exemption may be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. 

Part 11, as set forth above. 

FMRA Section 333 sets forth the requirements for considering whether a UAS will create 

a hazard to users of the NAS or the public, or otherwise pose a threat to national security; 

and further, provides the authority for such UAS to operate without airworthiness 

certification.

As discussed in detail above, KEANU KUNA will operate the DJI Phantom 3 

Professional, DJI S800 EVO, and DJI Inspire 1 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, KEANU KUNA seeks an exemption pursuant to 14 C.F.R. § 

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

permit safe operation of the DJI Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 1 

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 KEANU 

KUNA to safely, efficiently, and economically operate the DJI Phantom 3 Professional, DJI 

S800 EVO, and DJI Inspire 1 UASs commercially within the NAS. 

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

Modernization and Reform Act of 2012, Section 333, KEANU KUNA respectfully requests that 

the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R 

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

91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit Leading Edge to operate the DJI Phantom 

3 Professional, DJI S800 EVO, and DJI Inspire 1 UASs commercially for the purpose of 

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

Dated: July 29, 2015 

27 

Appendix A – DJI Phantom 3 Professional Manual



























































Appendix B – DJI S800 EVO Specifications Data Sheet 
Spreading Wings S800 EVO

User Manual

V 1.10 

February 07, 2014 Revision 

www.dji.com 
Profile 

S800 EVO is a multi-rotor designed for aerial photograph which integrates reinforced mechanical structures, 

stabilized dynamical system and high-efficiency power supply. Integrated designs make assembly and configuration 

become especially easy and fast; retractable landing gear, foldable propellers and collapsible GPS Mount are 

conveniently portable for optimal user experiences. Retractable landing gears and vibration dampers coordinate to 

create omnidirectional aerial view and high quality photograph. Combined with professional DJI multi-rotor 

autopilot system S800 EVO will achieve hovering, cruising and other steady flight elements, which can be applied 

for aerial photography and other aero-modeling activities.

460mm(Length)

425mm(Width) 320mm(Heigth)

155mm (Top Width)

350mm(Length) 240mm(Diameter)
Specifications 

Frame

Diagonal Wheelbase 800mm

Frame Arm Length 350mm

Frame Arm Weight 

(with Motor, ESC, Propeller ) 

356g

Center Frame Diameter 240mm

Center Frame Weight 550g

Landing Gear Size 

460mm(Length)×425mm(Width)×320mm(Height)

(Top width: 155mm)

Retractable Landing Gear Weight 

(Including Battery Tray) 

1050g

Motor

Stator Size 41×14mm

KV 400rpm/V

Max Power 500W

Weight (with Cooling Fan) 158g

ESC

Current 40A OPTO

Voltage 6S LiPo

Signal Frequency 30Hz ~ 450Hz

Drive PWM Frequency 8KHz

Weight (with Radiators) 35g

Foldable Propeller (1552) 

Material Engineering plastic

Size 15×5.2 inch

Weight 13g

Flight Parameters 

Takeoff Weight 6.0Kg ~ 8.0Kg

Total Weight 3.7Kg

Power Battery LiPo (6S、10000mAh~15000mAh、15C(Min))

Max Power Consumption 3000W

Hover Power Consumption 800W(@ Takeoff Weight 6.7Kg)

Hover Time Max: 20 min (@15000mAh&6.7KgTakeoff Weight)

Working Environment Temperature -10 ~ +40 oC
Appendix C – DJI Inspire 1 Specifications Data Sheet 





Appendix D – Maintenance Logs
Phantom 3

Maintenance Log

Frequency

Batteries

check for swelling pre‐flight

check & clean contact pins pre‐flight

Check battery voltage pre‐flight

Check spare battery voltage pre‐flight

Aircraft

check screws on body pre‐flightcheck body for cracks pre‐flight

check free spin of motors pre‐flight

check landing gear pre‐flight

check rubber dampers for camera gimbal pre‐flight

verify that anti‐drop pins are fittted pre‐flight

check gimbal movement pre‐flight

check and clean VPS sensors pre‐flight

check props for damage and wear pre‐flight

Check
DJI S800 EVO

Maintenance Log

Frequency

Batteries

check for swelling pre‐flight

check & clean contact pins pre‐flight

Check battery voltage pre‐flight

Check spare battery voltage pre‐flight

Aircraft

check screws on body pre‐flightcheck body for cracks pre‐flight

check free spin of motors pre‐flight

check landing gear pre‐flight

check rubber dampers for camera gimbal pre‐flight

verify that anti‐drop pins are fittted pre‐flight

check gimbal movement pre‐flight

clean props post flight

check props for damage and wear pre‐flight

secure or detach gimbal post flight

Transmitter

check fail safe 2 flights

check gimbal controls pre‐flight

check flight mode (GPS, GPS Atti) pre‐flight

check shutter trigger pre‐flight

check landing gear operation pre‐flight

check video link pre‐flight

Check
DJI Inspire 1

Maintenance Logrefer to attached DJI Inspire 1 maintenance manual

Frequency

Batteries

check for damage 50 flights

check battery pins 50 flightscheck power connectors for damage 50 flights

check for good battery contact 50 flights

check electrodes on battery 50 flights

check screws on battery bracket 50 flights

check power cables to ESC 50 flights

check voltage of battery 50 flights

Transformation System

check servo cables for wear 50 flights

check lead screws 50 flightslisten to servomotors during operation 50 flights

check landing gear screws and bearings 50 flights

check the lead screws 50 flights

Aircraft

check that screws are tightened 50 flights

check body for breaks or damage 50 flights

check dampers on landing gear 50 flights

check carbon tubes of arm for damage 50 flights

check GPS for obstacles 50 flights

check that landing gear skids are aligned 50 flights

Motors

check that rotors are snug 50 flights

listen to motor operation w/o props 50 flights

check vibration of alignment of shaft 50 flights

check gap between motor and base 50 flights

check screws of motor base 50 flights

Check
Props

check alignment of props 50 flights

check spin outline during operation 50 flights

IMU

check IMU in app 50 flights

check fan in front of aircraft 50 flights

Control and Video Tx / Rx

check 4 antennae on landing are secure 50 flights

check antennae on RC 50 flights

check neck strap 50 flights

Gimbal and Camera

check quick‐mount connector on camera 50 flights

check metal connectors on quick‐mount 50 flights

check contact pins on quick‐mount 50 flights

confirm gimbal can stabilize 50 flights

listen for abnormal noise 50 flights

VPS (Vision Positioning System)

check camera lens 50 flights

check sensors are free and clean 50 flights

check that VPS is snug 50 flights

check that P‐OPTI mode activates 50 flights