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August 4th, 2015 

U.S. Department of Transportation Docket Operations, M-30 

1200 New Jersey Avenue, SE, Room W12-140

West Building Ground Floor 

Washington D.C. 20590 

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation 

Regulations from: 14 C.F.R. 21 Subpart H; 14 C.F.R. §45.23(b); 14 C.F.R. §61.113(a) and (b); 14 C.F.R. §91.7(a); 14 

C.F.R. §91.9(b) (2); 14 C.F.R. §91.103(b)(2); 14 C.F.R. §91.109; 14 C.F.R. §91.119(c); 14 C.F.R. §91.121; 14 C.F.R. 

§91.151(a); 14 C.F.R. §91.203 (a) and (b); 14 C.F.R. §91.405 (a); 14 C.F.R. §91.407 (a) (1) 14 C.F.R. §91.409 (a)(1) and 

(2); 14 C.F.R. §91.417(a) and (b)

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 C.F.R. 

Part 11, David Lebovic, (D.B.A. Ismano Communications, Inc.), operator of Small Unmanned Aircraft 

Systems (sUAS), hereby applies for an exemption from the listed Federal Aviation Regulations (“FARs”) to 

allow commercial operation of its sUAS, so long as such operations are conducted within and under the 

conditions outlined herein or as may be established by the FAA as required by Section 333.

Commercial operation of a sUAS, as described herein, which are equipped with camera(s) and sensors, would 

operate in the following manner:

• Aerial photography and/or video for public and/or private use including real estate, architecture, land 

surveying, engineering, and other related professional activities.

• Aerial video and/or photography for public and/or private use including closed-set motion picture and 

television filming, public events, cinematography, and news gathering.

• Aerial data collection applications which include mapping, topographical surveying, 3D modeling, and 

precision agriculture.

• Aerial inspection/photography of residential/commercial structures.

The requested exemption would permit the operation of a sUAS under controlled conditions in the NAS that 

would be a) limited b) controlled c) predetermined, and d) will provide safety enhancements to the already 

safe operations in the industry presently using conventional aircraft. Approval of this exemption would 

thereby enhance safety and fulfill the Secretary of Transportation’s (the FAA Administrator’s) responsibilities 

to “...establish requirements for the safe operation of such aircraft systems in the national airspace system.”

The name and address of the applicant is:

Sincerely, 

David Lebovic

Principal, Ismano Communications, Inc.

584 Brookside Road

North Barrington, IL 60010

847-381-1122

david@ismano.com
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SUMMARY 

David Lebovic D.B.A. Ismano Communications, Inc. (hereafter David Lebovic) hereby provides, pursuant to 

14 C.F.R. Part 11 Subpart A §11.81, a summary of our exemption petition to allow commercial operation of 

sUAS for aerial video and photography, precision aerial mapping, 3D modelling, surveying, cataloging, and 

inspection services. Our pursuit for exemption is intent on benefiting both public and governmental sectors 

some of which include:

• Agriculture

• Land Planning & Development

• Marketing and Communications

• Local Infrastructure

• Solar Power

• Architecture and Engineering

• Environmental

David Lebovic is poised to provide service in support of these and future applications with the utmost

attention to quality and safety. Therefore, we respectfully request exemption from the following regulations:

14 C.F.R. Part 21 Subpart H Certification Procedures for Products and Parts — Airworthiness Certificates.

14 C.F.R. Part 36 Subpart A, F & O Noise Standards: Aircraft Type and Airworthiness Certification.

14 C.F.R. §45.23 (b) Display of Marks; General.

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

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

14 C.F.R. §91.9 (b) (2) Civil Aircraft Flight Manual, Marking, and Placard Requirements.

14 C.F.R. §91.103(b)(2) General Operating and Flight Rules - Preflight Action.

14 C.F.R. §91.109 Flight Instruction; Simulated Instrument Flight and Certain Flight Tests.

14 C.F.R. §91.119 (c) General Operating and Flight Rules - Minimum Safe Altitudes.

14 C.F.R. §91.121 General Operating and Flight Rules - Altimeter settings.

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

14 C.F.R. §91.203 (a) & (b) Civil Aircraft: Certifications Required.

14 C.F.R. §91.405 (a) Maintenance Required.

14 C.F.R. §91.407 (a) (1) Operation After Maintenance, Rebuilding, or Alteration.

14 C.F.R. §91.409 (a) (2) Inspections.

14 C.F.R. §91.417 (a) & (b) Maintenance Records.

David Lebovic D.B.A. Ismano Communications, Inc. (hereafter David Lebovic) seeks exemption from the 

requirements of 14 C.F.R §§ 43.7, 43.11, 45.11, 45.21, 45.23, 45.25, 45.27, 45.29, 47.3(b)(2), 47.31(c), 

61.101(e)(4) and (5), 61.113, 61.315(a), 61.23(a), 91.9(b)(c), 91.103(b)(2), 91.105, 91.109, 

91.119(b)(c), 91.203(a)(b), 91.215, 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 David Lebovic to operate an 

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

videography in support of real estate, insurance, construction, and commercial development activities.
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AIRCRAFT OVERVIEW: DJI Inspire 1 and DJI Phantom 3 

David Lebovic seeks an exemption to operate DJI Inspire 1 and DJI Phantom 3 UAS systems for 

compensation or hire within the NAS. The DJI Inspire 1 and Phantom 3 are vertical takeoff and landing 

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

phone systems.

The DJI Inspire 1 has a maximum gross weight of approximately 7 pounds, with a length of 17 inches and a 

width of 18 inches and a height of 10 inches and a maximum speed of approximately 30 knots.

DJI Phantom 3 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 30 knots. The DJI Inspire 1 and 

Phantom 3 are equipped with four main rotors; driven by Lithium Polymer battery powered electric motors.

BASIS FOR PETITION 

Petitioner, David Lebovic, 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 

UAS Aircraft in the National Airspace System (NAS), and for an exemption from the requirements of 14 C.F.R 

§§ 61.101(e)(4) and (5), 61.315(a), 61.23(a), 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, David Lebovic’s DJI UAS Aircraft 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, David Lebovic 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.

David Lebovic submits that the requested relief is proper since an equivalent level of safety will be ensured. 

David Lebovic 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.

Additionally, David Lebovic requests relief from the requirements of Sections 45.11, 45.21, 45.23, 45.25, 

45.27, 45.29, 47.3(b)(2), and 47.31(c) since the FAA currently has no registration procedure for sUASs; and 

should such a procedure exist, the small size and flight characteristics of the UAS prohibit the placement of 

placards and markings per the specified dimensions.

Relief from certain requirements of Section 61.101(e)(4) and (5) entitled Recreational pilot privileges and 

limitations: Pilot in command, and from Section 61.315(a) entitled What are the privileges and limits of my 

sport pilot certificate, and from Section 61.23(a) entitled Medical certificates: Requirements and duration, is 

requested by David Lebovic to the extent necessary to allow a Pilot in Command (PIC) holding a sport pilot or 

higher level certificate, as well as a valid driver’s license, and who has demonstrated, by meeting minimum 

flight-hour and currency requirements, that the PIC is able to safely operate the DJI UAS Aircraft in a manner 

consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate 

distances from people, vessels, vehicles and structures.

David Lebovic seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, because the DJI UAS 
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Aircraft do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, 

David Lebovic submits that he will ensure the DJI UAS Aircraft are in an airworthy condition, prior to every 

flight, by determining that the UASs are in compliance with the operating documents and that the aircraft are 

in a condition for safe flight.

David Lebovic also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings, 

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

DJI UAS Aircraft 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 David Lebovic operation of the DJI UAS Aircraft within 

visual line of sight, at or below 400 feet AGL, will ensure a level of safety equivalent to Section 91.121.

Additionally, David Lebovic seeks an exemption from the requirements of Section 91.151(b), entitled Fuel 

requirements for flight in VFR conditions. David Lebovic submits that safety will not be affected by operation 

of the DJI UAS Aircraft 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 15 minutes to the first 

point of intended landing and, assuming normal cruising speed, to fly after that for at least 5 minutes.

In accordance with 14 C.F.R. § 11.81, David Lebovic provides the following information in support of its 

petition for exemption:

Name And Address Of The Petitioner

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

David Lebovic D.B.A. Ismano Communications, Inc.

5065 Shoreline, Suite 202

Lake Barrington, IL 60010

847-381-1122

david@ismano.com

SECTIONS OF 14 C.F.R. FROM WHICH DAVID LEBOVIC SEEKS EXEMPTION 

• Section 43.7

• Section 43.11

• Section 45.11

• Section 45.21

• Section 45.23

• Section 45.25

• Section 45.27

• Section 45.29

• Section 47.3(b)(2)

• Section 47.31(c)

• Section 61.101(e)(4) and (5)

• Section 61.113(a) and (b)

• Section 61.23(a)

• Section 61.315(a)

• Section 91.7(a)

• Section 91.121
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• Section 91.151(b)

• Section 91.405(a)

• Section 91.407(a)(1)

• Sections 91.409(a)(1) and 91.409(a)(2).

• Sections 91.417(a) and 91.417(b).

SPECIAL EXEMPTION REQUESTS 

Section 43.7

Relief from section 43.7 is requested. Given the sUAS construction characteristics, all inspections will be 

done as recommended by the manufacturer. All repairs other than simple propeller changes will be done by 

the manufacturer or one of their authorized repair centers. Maintenance will be performed as outlined in the 

manufacturer’s maintenance guidelines. All maintenance and repairs will meet the requirements for the 

equivalent level of safety pursuant to section 33 given the intended use and remote location of the sUAS.

Section 43.11

Relief from section 43.11 is requested. Currently the FAA has not certified any inspections for sUASs. 

Furthermore, due to the size of the sUAS, no room exists for maintenance placards. Maintenance records will 

be kept on file by David Lebovic.

Section 45.11

Relief from section 45.11 entitled Marking of products is requested. Due to its small size and flight 

characteristics, fireproof placards would cause a potential hazard to the aircraft with the additional weight or 

location.

Section 45.21

Relief from section CFR 45.21 entitled General is requested. The FAA currently has no registration 

procedures for sUASs however if a registration number can be assigned, placement on the aircraft will be 

done in the most practical and visible means available.

Section 45.23

Relief from section 45.23 entitled Display of marks is requested. Due to the small size of the sUAS, full size 

aircraft marks are not feasible. If a designation is assigned by the FAA, David Lebovic will place assigned 

designation marks on the aircraft in the most practical and visible manner available.

Section 45.25

Relief from section 45.25 entitled Location of marks on fixed wing aircraft is requested. The sUAS is a multirotor aircraft and does not possess fix wings and as such 14 CFR

45.25 is inapplicable.

Section 45.27

Relief from section 45.27 entitled Location of marks on non-fixed wing aircraft is requested. Due to the sUASs 

small size it has no cabin, fuselage, boom, or tail.

Section 45.29

Relief from section 45.29 entitled Size of Marks is requested. Due to size constraints of the aircraft, this 
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requirement cannot be met.

Section 47.3(b)(2)

Relief from section 47.3(b)(2) entitled Registration is requested since the FAA currently has no procedures 

for registration of a sUAS.

Section 47.31(c)

Relief from section 47.31(c) entitled Application is requested since compliance for 14 CFR 47.31(c) is not 

possible since the FAA does not yet have procedures to register sUAS.

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 sport pilot or higher level certificate, as well as a 

current and valid airman medical certificate or a valid Texas drivers license, and who has met certain flighthour and currency requirements, to conduct the proposed UAS flight operations for compensation or hire.

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

may, for compensation or hire, act as PIC of an aircraft in connection with any business or employment if: 

(1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry 

passengers or property for compensation or hire.

As set forth more fully below, David Lebovic submits that an equivalent level of safety will be maintained 

because no PIC will be allowed to operate the DJI Inspire 1 or DJI Phantom 3 UAS unless that PIC has met 

certain flight-hour and currency requirements, demonstrating that the PIC is able to safely operate either the 

DJI Inspire 1 or DJI Phantom 3 UAS in a manner consistent with the operations specifications as described in 

this exemption, including evasive and emergency maneuvers, as well as maintaining appropriate distances 

from people, vessels, vehicles and structures.

Further, David Lebovic submits that all flights of DJI UAS aircraft, conducted by the PIC pursuant to the grant 

of this Petition: (1) will be incidental to David Lebovic business; and (2) will not carry passengers or property 

for compensation or hire.

Section 61.23(a)

Relief from Section 61.23(a), entitled Operations requiring a medical certificate: Requirements and duration,

is requested to the extent required to necessary to allow a PIC holding a sport pilot certificate or higher level 

certificate, as well as a current and valid driver’s license, to conduct the proposed UAS flight operations for 

compensation or hire.

This relief is requested since the limitations set forth in Section 61.23(a) otherwise require the PIC of any 

flight for compensation or hire to hold a comprehensive FAA issued medical certificate.

Section 61.315(a)

Relief from Section 61.315(a) entitled What are the privileges and limits of my sport pilot certificate, is 

requested to the extent necessary to allow a PIC holding a sport pilot or higher level certificate to conduct the 

proposed UAS flight operations for compensation or hire.

This relief is requested since the limitations set forth in Section 61.315(a) restrict a sport pilot from acting as 

the PIC of any flight for compensation or hire, or for the furtherance of any business.
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Additionally, similar to the private and commercial pilot certificates, holders of recreational and sport pilot 

certificates are subject to security screening by the Department of Homeland Security (DHS).

Therefore, because they must demonstrate aeronautical knowledge relevant to UAS operations and are 

subject to DHS screening, factors that were considered by the FAA in allowing private pilot operations under 

previous exemptions, the FAA now determines that holders of recreational and sport pilot certificates may 

serve as the PIC for UAS operations.

Section 91.7(a)

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

David Lebovic to determine that the DJI UAS Aircraft are in airworthy condition prior to every flight by 

ensuring that the UAS is in compliance with the operating documents (i.e., the Monthly Maintenance Log, 

and DJI UAS Aircraft instruction manuals).

David Lebovic seeks the requested relief because the DJI UAS Aircraft do not require an airworthiness 

certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, David Lebovic will ensure that the DJI 

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

Monthly Maintenance Log, and DJI UAS Aircraft instruction manuals) prior to every flight, and further, 

determine that the aircraft are in condition for safe flight, as stated in the conditions and limitations below.

Section 91.121

Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight operations of the DJI 

UAS Aircraft, 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), David Lebovic seeks the requested relief because the 

DJI UAS Aircraft 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 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 UAS Aircraft 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.

Section 91.151(b)

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

extent required to allow flights of the battery powered DJI UAS Aircraft during daylight hours in visual 

meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 15 minutes to the first 

point of intended landing and, assuming normal cruising speed, to fly after that for at least 5 minutes. David 

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

duration of the battery powered DJI UAS Aircraft will severely constrain the practicality of any aerial video or 

still photo flight operations that David Lebovic proposes to conduct pursuant to this Petition.

Significantly, as set forth below, the technical specifications of the DJI UAS Aircraft operating documents, and 

David Lebovic proposed operating limitations, ensure that David Lebovic will safely operate the battery 

powered DJI UAS Aircraft during daylight hours in visual meteorological conditions (VMC), under visual flight 
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rules (VFR), with enough battery power to fly for a total duration of 15 minutes to the first point of intended 

landing and, assuming normal cruising speed, to fly after that for at least 5 minutes.

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, David Lebovic requests relief from these Sections because the DJI UAS Aircraft 

do not require airworthiness certificates. As set forth more fully below, DJI UAS Aircraft meet the conditions 

of FMRA Section 333 for operation without an airworthiness certificate.

Accordingly, David Lebovic will use trained technicians to perform maintenance, alterations, or preventive 

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

documents (i.e., the Monthly Maintenance Log and DJI UAS Aircraft Instruction Manual). Furthermore, David 

Lebovic will document and maintain all maintenance records for the DJI UAS Aircraft.

THE GREATER PUBLIC INTEREST

Granting the present Petition will further the public interest by allowing David Lebovic to safely, efficiently, 

and economically perform aerial photography and videography of real estate, construction sites, and 

landscape over certain areas of the United States.

Additionally, use of the DJI UAS Aircraft will decrease congestion of the NAS, reduce pollution, and provide 

significant benefits to the economy. Notably, the benefits of David Lebovic proposed operation of the DJI UAS 

Aircraft will be realized without implicating any privacy issues.

PRIVACY

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

Lebovic proposed operation of the DJI UAS Aircraft will not implicate any privacy issues. Specifically, the DJI 

UAS Aircraft will be operated only in compliance with operating documents (i.e., Monthly Maintenance Log, 

and DJI UAS Aircraft Instruction Manual) which requires property owner involvement as well as local law 

enforcement notification, and in accordance with the Federal Aviation Regulations, including the minimum 

altitude requirements of 14 C.F.R. § 91.119.

SAFETY

In seeking this exemption, David Lebovic submits that the DJI UAS Aircraft can operate safely in the NAS 

pursuant to FMRA Section 333, as demonstrated by:

a) the characteristics of the DJI UAS aircraft;

b) the pilot certification requirement; and

c) the specific operating limitations.

The DJI UAS Aircraft Specifications & Characteristics

The DJI UAS Aircraft 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.

• The technical specifications of the DJI UAS Aircraft are set forth by the DJI UAS aircraft User Manuals, 

attached hereto as Appendix A and B.

• The DJI UAS Aircraft Autonomous Flight and Navigation Modes Enable The UASs to Remain Within a 

Defined Operational Area.

• The DJI UAS Aircraft may be operated in both manual and fully autonomous flight modes. A complete 
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description of the flight and navigational modes of the DJI UAS Aircraft provided in the User Manuals, 

attached hereto as Appendix A and B.

• The DJI UAS Aircraft 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 UAS Aircraft will remain stationary, in flight, for 3 seconds or more. 

If, after 3 seconds, the DJI UAS Aircraft 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 UAS aircraft are described in the User Manuals, 

attached hereto as Appendix A and B.

Specific Operating Limitations

In seeking this exemption, David Lebovic proposes to commercially operate DJI UAS Aircraft for the special 

purpose of conducting aerial photography and videography over certain areas of United States, pursuant to 

the following specific operating limitations:

1. UAS operations under this exemption will be limited to conducting operations for the purpose of aerial 

photography and videography.

2. The UA may not be flown at an indicated airspeed exceeding 45 knots.

3. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL), as 

indicated by the procedures specified in the operating documents unless a special request is made and 

approved by ATC. All altitudes reported to ATC must be in feet AGL.

4. 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.

5. As a safety observer (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. 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.

6. 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.

7. 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.
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8. 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.

9. 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.

10. 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.

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

replacement, inspection, and life limit requirements.

12. 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.

13. Each UASs operated under this exemption must comply with all manufacturer Safety Bulletins.

14. The authorized person must make an entry in the aircraft record of the corrective action taken against 

discrepancies discovered between inspections. 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.

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

16. § 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.

17. The UAV may not operate within 5 nautical miles of an airport reference point as denoted on a 

current FAA-published aeronautical chart unless a letter of agreement with that airport’s management 

is obtained, and the operation is conducted in accordance with a NOTAM as required by the 

operator’s COA. The letter of agreement with the airport management must be made available to the 

Administrator upon request.

18. The UAV 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.

19.If the UAV 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.

20. The PIC must abort the flight in the event of unpredicted obstacles or emergencies in accordance with 

the operating documents.
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21. 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 UAV with 20% battery power remaining.

22. Before conducting operations, the radio frequency spectrum used for operation and control of the 

UAV must comply with the Federal Communications Commission (FCC) or other appropriate 

government oversight agency requirements.

23. 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. The documents must be made 

available to the Administrator or any law enforcement official upon request.

24. The UAV must remain clear and yield the right of way to all manned aviation operations and activities 

at all times.

25. The UAV may not be operated by the PIC from any moving device or vehicle.

26. 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:

27. Barriers or structures are present that sufficiently protect nonparticipating persons from the UAV 

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; 32. 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;

28. Operations nearer to the PIC, SO, operator trainees or essential persons do not present an undue 

hazard to those persons per § 91.119(a).

29.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.

30.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.

31.Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions 

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

CONCLUSION

As set forth herein, David Lebovic 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 UAS Aircraft 

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 David Lebovic to safely, efficiently, and economically operate the DJI 

UAS Aircraft commercially within the NAS.

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

Act of 2012, Section 333, David Lebovic respectfully requests that the Administrator grant this Petition for an 

exemption from the requirements of 14 C.F.R Sections 43.7, 43.11, 45.11, 45.21, 45.23, 45.25, 45.27, 45.29, 

47.3(b)(2), 47.31(c), 61.101(e)(4) and (5),
12

61.113, 61.315(a), 61.23(a), 91.9(b)(c), 91.103(b)(2), 91.105, 91.109, 91.119(b)(c), 91.203(a)(b), 91.215, 

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 

David Lebovic to operate the DJI UAS Aircraft commercially for the purpose of conducting aerial photography 

and videography over certain areas of the United States.

Dated: August 4, 2015

Respectfully,

David Lebovic

Principal, Ismano Communications, Inc.

584 Brookside Road

North Barrington, IL 60010

847-381-1122

david@ismano.com

APPENDIX A : Inspire 1 User Manual (EN) v1.2

http://download.dji-innovations.com/downloads/inspire_1/en/Inspire_1_User_Manual_v1.2_en.pdf

APPENDIX B: Phantom 3 Professional User Manual (EN) v1.2:

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