JMRketing, LLC

246 Chantrey Road

Timonium, MD 21093

410-567-5332

February 29, 2016

U.S. Department of Transportation, Docket Operations 

West Building Ground Floor, Room W12-140 

1200 New Jersey Avenue, SE 

Washington, D.C. 20590 

Re: Section 333 Exemption Request

Dear Sir or Madam:

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

Act"), JMRketing, LLC ("Petitioner") hereby applies for an exemption from the Federal Aviation 

Regulations ("FARs") described in Section VII below and any other exemptions necessary to 

allow Petitioner to operate the small Unmanned Aircraft System ("UAS") described in Section IV 

to take aerial images of privately held residential and commercial properties for marketing 

purposes, as more fully described below.

I. Background on Petitioner

JMRketing, LLC has a date of incorporation of September 10, 2012 and provides 

marketing and communications services and consulting to businesses in a variety of 

industries and markets within the United States. As a component of these services, 

JMRKeting, LLC provides high-quality digital content for use in clients’ commercial, 

personal and non-profit projects across a variety of digital and traditional media.

II. Contact Information

The contact information for Petitioner is as follows:

James Rafferty

Principal

JMRketing, LLC

246 Chantrey Road

Timonium, MD 21093

jim@jmrketing.com

III. Request for Exemption to Use UAS

Petitioner proposes to use the UAS to take aerial images (still and video) of buildings
and properties for marketing purposes and, for clients in the construction industry, 

for purposes of inspection of difficult-to-reach areas. Petitioner proposes to operate 

one UAS, a DJI Phantom 3. Aerial data collection will be conducted under the 

conditions set forth herein and the Section 333 exemption grant. In that regard, the 

airspace will be (i) limited, (ii) predetermined, and (iii) controlled as to access. 

Petitioner will limit operations to property whose owners have been notified in 

advance and have provided consent. Operations will always occur within the line of 

sight of the UAS operator. Petitioner will take steps to protect the privacy of the 

property owners and nearby individuals. Petitioner notes that the FAA has previously 

granted exemptions for similar activities for the DJI Phantom 3.

IV. Unmanned Aircraft System

DJI Phantom 3

Petitioner seeks an exemption to operate DJI systems for compensation or hire 

within the NAS. The DJI Phantom 3 is a 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 has a maximum gross weight of 

approximately 1280 grams, while having a length of 16 inches width of 16 inches, 

height of 8 inches, and a maximum speed of approximately 29 knots. The DJI 

Phantom 3 UA is equipped with four main rotors; driven by Lithium Polymer battery 

powered electric motors. 

The DJI Phantom 3 UA that will be operated by JMRketing, LLC is registered in 

accordance with 49 U.S.C. 44103, Registration of Aircraft, as well as 14 C.F .R Part 4 

7, Aircraft Registration, and marked in accordance with 14 C.P.R. Part 45, 

Identification and Registration Marking. (#FA3NWWLELE)

V. Basis for Petition

Petitioner, JMRKeting, LLC, pursuant to the provisions of the Federal Aviation 

Regulations (14 C.P.R.§ 11.61) and the FAA Modernization and Reform Act of2012

(FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems, hereby 

petitions the Administrator to commercially operate the DJI Phantom 3 UAS in the 

National Airspace System (NAS), and for an exemption from the requirements of 14 

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

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

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

with the unmanned aircraft and its operation, Petitioner will meet the conditions of 

FMRA Section 333 and its operation, therefore, will not require an airworthiness 

certificate in accordance with 14 C.P.R. Part 21, Subpart H.
Accordingly, Petitioner requests relief from Sections 91.405(a), 91.407(a)(l), 

91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements 

for maintenance that apply only to aircraft with an airworthiness certificate.

Petitioner submits that the requested relief is proper since an equivalent level of 

safety will be ensured. Petitioner will use his experience to perform maintenance, 

alterations, or preventive maintenance on the UAS using the methods, techniques

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

and DJI Phantom 3 Instruction Manual). Furthermore, Petitioner will document and 

maintain all maintenance records for the DJI Phantom 3 UAS. 

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

privileges and limitations: Pilot in command, is requested by Petitioner, to the extent 

necessary to allow a Pilot in Command (PIC) by meeting minimum flight-hour and 

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

in a manner consistent with this exemption, including evasive and emergency 

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

structures.

Petitioner seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness,

because the DJI Phantom 3 UAS does not require an airworthiness certificate in 

accordance with 14 C.F.R. Part 21, Subpart H. As such, Petitioner will ensure that the 

UAS is in an airworthy condition, prior to every flight, by determining that the UAS is 

in compliance with the operating documents (i.e., Monthly Maintenance Log, DJI 

Phantom 3 Instruction Manual), and that the aircraft is in a condition for safe flight.

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

Altimeter Settings, as the DJI Phantom 3 UA will not have a typical barometric 

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

PIC’s operation of the DJI Phantom 3 UAS within visual line of sight, at or below 400 

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

Additionally, Petitioner seeks an exemption from the requirements of Section 

91.151(b), entitled Fuel requirements for flight in VFR conditions. Petitioner submits 

that safety will not be affected by operation of the DJI Phantom 3 UA 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 4.5 minutes. In accordance with 14 C.P.R.§ 11.81, Petitioner provides the 

following information in support of its petition for exemption:
A. Name and Address of the Petitioner

James Rafferty, Principal

JMRketing, LLC

246 Chantrey Road

Timonium, MD 21093

410-567-5332

jim@jmrketing.com

VI. The Specific Sections of 14 C.F.R. from Which Petitioner Seeks Exemption:

14 C.F.R. § 61.23(a)

14 C.F.R. § 61.23(c)

14 C.F.R. § 61.101(e)(4)

14 C.F.R. § 61.101(e)(5)

14 C.F.R. § 61.113(a)

14 C.F.R. § 61.315(a)

14 C.F.R. § 91.7(a)

14 C.F.R. § 91.119(c)

14 C.F.R. § 91.121

14 C.F.R. § 91.151(a)(1)

14 C.F.R. § 91.405(a)

14 C.F.R. § 91.407(a)(1)

14 C.F.R. § 91.409(a)(1)

14 C.F.R. § 91.409(a)(2)

14 C.F.R. § 91.417(a)

14 C.F.R. § 91.417(b)

VII. Statutory Authority for Requested Exemptions

This petition for exemption is submitted in accordance with Section 333 of the 

Reform Act. Pursuant to Section 333 of the Reform Act, the Federal Aviation 

Administration (FAA) Administrator (the "Administrator") is to permit operation of an 

unmanned aircraft system where it does not create a hazard to users of the national 

airspace system (NAS) or the public or pose a threat to national security. Moreover, 

the Federal Aviation Act grants the Administrator general authority to grant 

exemptions from the agency's safety regulations and minimum standards when the 

Administrator decides such a requested exemption is in the public interest. See 49 

U.S.C. § § 1 06( f), 44 701-44 716, et seq. A party requesting an exemption must 

explain the reasons why the exemption: (i) would benefit the public as a whole, and 

(ii) would not adversely affect safety or how it would provide a level of safety at least 

equal to the existing rules. 14 C.F .R. § 11. 81.

VIII. Justifications for Each Exemption Request

1. 14 C.F.R. § 61.23(a), 14 C.F.R. § 61.23(c), 14 C.F.R. § 61.101(e)(4), 
14 C.F.R. § 61.101(e)(5), 14 C.F.R. § 61.113(a) and 14 C.F.R. § 61.315(a).

Petitioner notes that FAA requires the Pilot in Command (PIC) to hold either an 

airline transport, commercial, private, recreational or sport certificate pilot license 

and either a current FAA airman medical certificate or a valid U.S. driver's license 

issued by a state, the District of Columbia, Puerto Rico, a territory, a possession, or 

the Federal government. Petitioner will ensure that its PICs will satisfy each of these 

requirements. Since Petitioners' PICs will be operating UAS under the same 

conditions as those previously granted, an equivalent level of safety will be met by 

granting these exemptions.

2. 14 C.F.R. § 91.7(a) Civil aircraft worthiness. 

Section 91.7 (a) requires that an operator determine an aircraft is in airworthy 

condition before a flight. Petitioner requests relief from this section provided that the 

operator of the UAS determines prior to each flight that the aircraft is in compliance 

with the applicable Operational Documents. Such pre-flight inspection will provide 

the equivalent level of safety as that provided by this section. Petitioner notes that 

the Administrator has granted relief from this section in previous exemptions.

3. 14 C.F .R. § 91.119(c) Minimum safe altitudes over congested and other areas.

Section 91.119(c) establishes safe altitudes for operation of civil aircraft over areas 

other than congested areas. The Petitioner requests relief from this section with 

respect to those participating persons, vehicles, and structures directly involved with 

operations. The UAS will never operate at higher than 400 AGL. Relief from this 

section is warranted as operations will be conducted with adequate safety 

provisions as outlined herein and in the applicable Operational Documents. As a 

result, an equivalent level of safety will be met by granting this exemption. Petitioner 

notes that the Administrator has granted relief from this section in previous 

exemptions.

4. 14 C.F.R. § 91.121 Altimeter Settings. 

This regulation requires each person operating an aircraft to maintain cruising 

altitude by reference to an altimeter that is set "... to the elevation of the departure 

airport or an appropriate altimeter setting available before departure." An exemption 

from this section is needed because the DJI Phantom 3 UAS does not have a 

barometric altimeter, but instead has a GPS altitude readout. An equivalent level of 

safety will be achieved by the operator, pursuant to the applicable Operational 

Documents, confirming the altitude of the launch site shown on the GPS altitude 

indicator before flight. As a result, an equivalent level of safety will be met by 

granting this exemption. Petitioner notes that the Administrator has granted relief 

from this section in previous exemptions.
5. 14 C.F.R. § 91.151(a)(1) Fuel requirements for flight in VFR conditions. 

Section 91.151 (a)(1) prohibits an individual from beginning "a flight in an airplane 

under VFR conditions unless (considering wind and forecast weather conditions) 

there is enough fuel to fly to the first point of intended landing, and, assuming normal 

cruising speed- (1) During the day, to fly after that for at least 30 minutes." 

Complying with the 30 minute reserve would severely limit the length of the 

Petitioner's UAS flights and hamper operational use. Given the limitations on the 

UAS's proposed flight area a longer time frame for flight in daylight conditions is 

reasonable. Operating the UAS in a tightly controlled area does not raise the type of 

risks that this section was intended to address, particularly given the size and speed 

of the UAS. Petitioner believes that an equivalent level of safety can be achieved by 

limiting flights to 30 minutes or 20% of battery power, whichever happens first. 

Petitioner notes that the Administrator has granted relief from this section in 

previous exemptions.

6. 14 C.F.R. § 91.405(a) Maintenance required; 14 C.F.R. § 91.407(a)(1) Operation 

after maintenance, preventive maintenance, rebuilding or alteration; 14 C.F.R. §§ 

91.409(a)(1) and (2) Inspections; 14 C.F.R. §§ 91.417(a) and (b) Maintenance 

records. 

Maintenance will be accomplished by the operator pursuant to the applicable 

Operational Documents. An equivalent level of safety will be achieved because the 

UAS are very limited in size and will carry a small payload and operate only in 

restricted areas for limited periods of time. If mechanical issues arise, the UAS will 

be operating from no higher than 400 feet AGL and can immediately land. As 

provided in the applicable Operational Documents, the operator will ensure that the 

UAS is in working order prior to initiating flight, perform required maintenance, and 

keep a log of any maintenance performed. Moreover, the operator is the person most 

familiar with the aircraft and best suited to maintain the aircraft in an airworthy 

condition to provide the equivalent level of safety. As a result, an equivalent level of 

safety will be met by granting this exemption. Petitioner notes that the Administrator 

has granted relief from this section in previous exemptions.

7. Additional Relief. 

In addition to the exemptions listed above, the Petitioner requests exemption from 

such other rules and regulations as the FAA deems appropriate to enable the 

operations described herein. Since previous exemptions granted under Section 333 

of the Reform Act have been effective for two years, the Petitioner also requests that 

if the FAA issues interim or final rules applicable to the operation of any UAS 

included herein after the Petitioner receives a Grant of Exemption that any conditions 

and limitations required in such Grant that are more burdensome than the new 

regulation be appropriately modified or removed.
8. Expedited Process. 

Given that this exemption is similar to those that have already been granted, 

Petitioner requests that, if possible, this request for exemption be considered on an 

expedited basis.

IX. Operating Parameters for UAS Use

Petitioner proposes that if the requested exemptions are granted, it will operate the 

UAS under the following conditions: 

1. UAS operations will be conducted by a Pilot in Command (PIC). The PIC shall hold 

an airline transport, commercial, private, recreational, or sport pilot certificate. The 

PIC will also hold a current FAA airman medical certificate or a valid U.S. driver's 

license issued by a state, the District of Colombia, Puerto Rico, a territory, a

possession, or the Federal government. The UAS will be in visual line of site (VLOS) 

of the PIC at all times. 

2. All UAS operations will utilize a visual observer ("VO"). The VO will not perform any 

other duties beyond assisting the PIC with seeing and avoiding air traffic and other 

ground-based obstacles/obstructions. 

3. The PIC and VO will be able to communicate verbally at all times. 

4. UAS will not be flown at ground speeds exceeding 100 mph. 

5. Flights will be operated at an altitude of no more than 400 feet above ground level. 

6. Each UAS operation will be completed within 30 minutes flight time or with 20% 

battery power remaining, whichever occurs first. 

7. UAS will not be operated over any person (other than participating personnel) at an 

altitude that is hazardous to persons or property on the surface in the event of a UAS 

failure or emergency. UAS will be operated at a distance from participating buildings 

of at least 10 feet. Operations will be conducted at least 500 feet from 

nonparticipating persons or buildings, unless barriers are in place to provide 

adequate protection. 

8. The UAS will abort the flight in the event of unpredicted obstacles or emergencies 

in accordance with the applicable Operational Document. 

9. The UAS will remain clear of, and yield the right of way to, all other manned 

operations and activities at all times. 
10. UAS operations will be conducted only in daylight hours. 

11. The UAS will not be operated by the PIC from any moving device or vehicle. 

12. The UAS will 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. 

13. The applicable Operational Documents and all documents required under 14 

C.F.R. § 91.9 and 91.203 will be available to the PIC at the Ground Control Station 

ofthe UAS any time the aircraft is operating. These documents will be made available 

to the Administrator upon request.

14. Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA will be reported 

to the FAA's UAS Integration Office (AFS-80) within 24 hours. Accidents will be 

reported to the National Transportation Safety Board (NTSB). 

15. The operator will follow the procedures as outlined in its applicable Operational 

Documents. 

16. Prior to each flight, pilot will inspect the UAS to ensure it is in condition for safe 

flight. If the inspection reveals a discrepancy, the aircraft will be prohibited from 

operating until the necessary maintenance has been performed and the U AS is 

found to be in a condition for safe flight. 

17. All operations will be conducted over private or controlled-access property with 

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

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

flight to be conducted. 

18. All maintenance and alterations will be properly documented in the aircraft 

records. 

19. Any UAS that undergoes maintenance or alterations that affect the UAS 

operation or flight characteristics will undergo a functional flight test in accordance 

with the applicable Operational Documents. 

20. Petitioner will institute a rigorous maintenance program to ensure airworthiness 

of the UAS. Operator will follow the manufacturer's UAS aircraft/component, 

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

21. Each UAS will comply with all manufacturer Safety Bulletins.

X. Summary to Be Published in Federal Register
Petitioner: JMRketing, LLC

Sections of 14 C.F.R. Affected: § 61.23(a), § 61.23(c), § 61.101(e)(4), § 61.101(e)(5), 

§ 61.113(a), § 61.315(a) § 91.7(a); § 91.119(c); § 91.121; § 91.151(a)(l); § 91.405(a); 

§ 91.407(a)(1); §§ 91.409(a)(l) and (2); §§ 91.417(a) and (b). 

Description of Relief Sought: Petitioner seeks relief from the requirements of 14 

C.F.R. § 61.23(a); 14 C.F.R. § 61.23(c); 14 C.F.R. § 61.101(e)(4); 14 C.F.R. § 

61.101(e)(5); 14 C.F.R. § 61.113(a); 14 C.F.R. § 61.315(a); § 91.7(a);14 C.F.R. § 

91.119(c); 14 C.F.R. § 91.121; 14 C.F.R. § 91.151(a)(l); 14 C.F.R. § 91.405(a); 14 

C.F.R. § 91.407(a)(l); 14 C.F.R. §§ 91.409(a)(1) and (2); 14 C.F.R. §§ 91.417(a) and 

(b) to capture aerial images of residential and commercial sites for the purpose of 

providing high-quality digital content for use in commercial, personal and non-profit 

projects across a variety of digital and traditional media.

XI. Reasons the Exemption Would Be in the Public Interest

Granting the present Petition will further the public interest by allowing Petitioner to 

safely, efficiently, and economically perform aerial video and photography for 

commercial use over certain areas of the United States and its territories. 

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

reduce pollution, and provide benefits to the economy. 

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

The DJI Phantom 3 UA is battery powered and serves as a safe, efficient, and 

economical alternative to the manned aircraft traditionally utilized to obtain aerial 

imagery. By reducing the number of manned aircraft needed to perform aerial 

acquisitions, an exemption allowing the use of a DJI Phantom 3 UAS would reduce 

the amount of manned aircraft in the NAS, reduce noise and air pollution, as well as 

increase the safety of life and property in the air and on the ground. 

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

congestion around airports caused by arriving and departing aircraft will be reduced. 

The DJI Phantom 3 UA does not require an airport to takeoff or land. Likewise, a 

reduction of manned aircraft conducting aerial video and photography missions 

would result in fewer aircraft that must be handled by air traffic control during the 

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

2. The Public Will Benefit from the Safety and Efficiency of the DJI Phantom 3 UAS. 

Conducting aerial acquisitions with the DJI Phantom 3 UAS, 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 UAS 
produces no air pollution, and is the most viable environmentally conscious 

alternative to the cabin class, six cylinder internal combustion engine aircraft that are 

typically utilized for aerial video and photography, while burning approximately 20-30 

gallons per hour of leaded aviation fuel. The DJI Phantom 3 UA, while reducing the 

carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UA is 

propelled by battery powered electric motors, rather than an internal combustion 

engine. 

By using the DJI Phantom 3 UAS to perform aerial acquisitions, the substantial risk 

to life and property in the air and on the ground usually associated with traditional 

manned aircraft flight operations, will be substantially reduced or completely 

eliminated. Aside from the absence of flight crew members located onboard the 

aircraft, the DJI Phantom 3 UA (weighing approximately 2 pounds 11 ounces, at 

maximum gross weight with lengths of 16 inches, widths of 16 inches, and with no 

fuel on board), has less physical potential for collateral damage to life and property 

on the ground, and in the air, compared to the manned aircraft that typically conduct 

similar operations (weighing approximately 6,000 pounds with a wingspan of 

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

3. Performing Aerial Video and Photography Operations with the DJI Phantom 3 

UAS Will Benefit the Economy.

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

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

operation of the DJI Phantom 3 UAS will allow United States-based companies such 

as JMRketing, LLC, to remain competitive and contribute to the 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 UAS is one 

such technology that not only allows companies greater operational flexibility 

compared to manned aircraft, but provides such flexibility without the high 

operational cost of a traditional manned aircraft. 

By operating UASs including the DJI Phantom 3, companies and individuals such as 

the Petitioner 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. 

XII. Reasons Why Granting the Exemption Would Not Adversely Affect Safety

1. The DJI Phantom 3 UA Meets the Conditions of the FAA Modernization and 

Reform Act of 2012 (FMRA) Section 333. 

In consideration of the size, weight, speed, and limited operating area associated 
with the unmanned aircraft and its operation, Petitioner’s operation of the DJI 

Phantom 3 UAS meets 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, Petitioner submits that the DJI Phantom 3 UAS can 

operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) 

the characteristics of the DJI Phantom 3 UAS; (b) the pilot certification requirement; 

and (c) the specific operating limitations.

a. The Specifications of the DJI Phantom 3 UAS Demonstrate Its Safe 

Characteristics. 

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

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

and operational capability. 

 i. Technical Specifications of the DJI Phantom 3 UAS.
The technical specifications of the DJI Phantom 3 UAS are set forth by the DJI 

Phantom 3 Specifications and Data Sheet.

 ii. The DJI Phantom 3 UAS Autonomous Flight And Navigation Modes Enable 

The UAS To Remain Within A Defined Operational Area. 

The DJI Phantom 3 UAS 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 UAS is available online at DJI Phantom 3 User Manual.

 iii. The DJI Phantom 3 UAS Is 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 UA will remain stationary, in flight, 

for 3 seconds or more. If, after 3 seconds, the DJI Phantom 3 UA does not reacquire 

control link data from the GCS, the UA will assume that the Control Link is lost and 

the UA will return to the home position (i.e., failsafe mode) via GPS, and will descend 

to the takeoff position and shut down. A complete description of the Failsafe 

Functions of the DJI Phantom 3 UAS is available online at DJI Phantom 3 User 

Manual.

2. Flights Of DJI Phantom 3 UAS Will Be Conducted Pursuant To Specific Operating 

Limitations. 

In seeking this exemption, Petitioner proposes to commercially operate DJI 

Phantom 3 UAS for the purpose of conducting aerial video and photography over 

certain areas of United States and its territories, pursuant to the specific operating 

limitations noted in Section IX above. Petitioner further notes that the FAA may 

prescribe additional conditions for safe operation of the Phantom 3 UAS.

XIII. Conclusion

Satisfaction of the criteria provided in Section 333 of the Reform Act regarding 

size, weight, speed, operating capabilities, proximity to airports and populated 

areas, operation within visual line of sight, and national security, provide more 

than adequate justification for the grant of the requested exemption allowing 

operation of Petitioner's UAS to collect aerial images of residential and

commercial locations in the United States. Thank you for your consideration and 

attention to this matter.