Petition for Exemption 

FIC LLC Introduction: 

FIC LLC is a Hawaii Department of Transportation certified Disadvantaged Business Enterprise 

(DBE) designated to perform work including program management, construction management 

and construction inspection. FIC LLC has experience providing program and construction 

management services and inspection for various State of Hawaii and City and County of 

Honolulu Departments and private entities. FIC LLC will use a DJI Phantom 3 Professional 

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

collection including aerial video and photography of construction sites, surveying, inspecting 

sites, landscapes and other events over certain areas of the United States. The proposed 

operations would not adversely affect safety and an equivalent level of safety will be ensured to 

comply with the requested exemption. 

 

The Pilot in Command (PIC) of the UAS who has final authority and responsibility for the 

operation and safety of the UAS flight will possess the appropriate airman certificate as 

prescribed by 14 CFR part 61 for the proposed operation and the appropriate medical certificate 

as prescribed by 14 CFR part 67. The PIC will demonstrate the ability to safely operate the DJI 

Phantom 3 Professional UAS in a manner consistent with this exemption by meeting minimum 

flight-hour and currency requirements including evasive and emergency maneuvers and 

maintaining appropriate distances from people, vehicles, vessels and structures. A visual 

observer will be utilized at all times during UAS operation. 

DJI Phantom 3 Professional UAS Background: 

According to the manufacture the DJI Phantom 3 Professional UAS has a signal transmission 

distance that varies depending on environmental conditions but can reach distances of up to 1.2 

miles away from PIC. Flight times vary depending on environmental conditions and usage 

patterns but the Intelligent Flight Battery is designed to provide up to 23 minutes of 

uninterrupted flight time when fully charged. It is a vertical takeoff and landing (VTOL) UAS 

with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems in 

tandem with its own dedicated remote system. The weight is 1280 g with a max speed of 16 m/s 

(ATTI mode, no wind). The maximum flight altitude is 6000 m with a maximum ascent speed 

of 5 m/s and maximum descent speed of 3 m/s. The remote controller operating frequency is 

2.400 GHz-2.483 GHz with a 6000 mAh LiPo 2S battery. Further technical specification 

information is also located in Attachment 1 – DJI Phantom 3 Professional User Manual (User 

Manual) and Attachment 2 – DJI Phantom 3 Professional Advanced Safety Guideline and 

Disclaimer (Safety). 

Pre-flight inspections, maintenance and repair conducted to ensure the UAS is in a safe condition 

for flight will follow guidelines provided in Attachment 1 – User Manual and Attachment 2 – 

Safety and only manufacturer’s authorized replacement parts will be used. Flight and 

Maintenance logs will be kept on file and filled out by the PIC. 
This device complies with part 15 of the FCC Rules as per Attachment 1 – User Manual and 

Attachment 2 - Safety. 

The DJI Phantom 3 Professional UAS will be operated in accordance with Attachment 1 – User 

Manual and Attachment 2 –Safety and potential hazards and safety mitigations and performance 

limitations are addressed in the attachments. The UAS may be operated in both manual and fully 

autonomous flight modes which enable the UAS to remain within a defined operational area and 

will be limited to the line of sight of a certified PIC. The visual line of sight (VLOS) will be 

maintained by the PIC’s vision unaided by any device other than corrective lenses, as specified 

on the PIC’s State issued Driver’s License. The use of first person view by the PIC is not 

permitted. The UAS contains failsafe features in the event of low battery levels or if the remote 

controller signal is lost for more than three seconds. The return-to-home function returns the 

UAS back to the last recorded home point. See Attachment 1- User Manual for further details. 

UAS will operate over private or controlled access property with the property owner’s or 

approved representative’s prior consent and knowledge. The UAS may not operate within 5 

nautical miles of an airport reference point as denoted on 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.

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 situation arises 

where nonparticipating persons leave such protection and are within 500 feet of the 

U, 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).

As required in 14 C.F.R. §11.81 the following information is provided in support of this petition 

for exemption: 

Name and mailing address: 

FIC LLC 

Kevin Unemori 

1521 South King St, Unit 305 

Honolulu, HI 96826 

Cell: (808)620-0455 
Kunemori@gmail.com

A summary we can publish in the Federal Register stating: 

 The rule from which you seek the exemption 

 A brief description of the exemption you seek 

FIC LLC is requesting an exemption from Title 14 of the Code of Federal Regulations (CFR) for 

the following sections: 61.23(a) & (c), 61.101(e)(4) & (5), 61.113(a), 61.315(a), 91.7(a), 

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

to operate an Unmanned Aircraft System (UAS) pursuant to Section 333 of the FAA 

Modernization and Reform Act of 2012 (FMRA). This exemption will permit FIC LLC to 

operate an UAS for the commercial purpose of conducting aerial data collection including aerial 

video and photography of construction sites, surveying, inspecting sites, landscapes and other 

events over certain areas of the United States. 

Specific Sections of Title 14 of the Code of Federal Regulations (CFR) from which you seek 

an exemption

FIC LLC is requesting an exemption from Title 14 of the Code of Federal Regulations (CFR) for 

the following sections: 

 

61.23 (a) & (c), 61.101(e)(4) & (5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 91.121, 

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

The extent of relief you seek and the reason you seek the relief and reasons why the 

exemption would not adversely affect safety, or how the exemption would provide a level of 

safety at least equal to the existing rule

FIC LLC requests the FAA to grant relief from airworthiness certification requirements under 

the FAA Modernization and Reform Act of 2012, Public Law 112-95 FEB. 14, 2012, Section 

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

UAS and its operation the UAS meets the conditions set in the Act and will not require an 

airworthiness certificate in accordance with 14 C.F.R. Part 21, subpart H. FIC LLC ensures a 

level of safety at least equivalent to the existing rule as described in the previous DJI Phantom 3 

Professional UAS section and Attachment 1 – User Manual and Attachment 2 - Safety. 

All UAS 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 Markings. 

FIC LLC seeks relief from certain requirements of Section §61.23 (a) and (c) entitled Medical 

certificates: Requirement and duration to operate the UAS without a FAA issued medical 

certificate as stated in the exemption granted to Aeryon Labs, Inc., “The FAA finds that, because 

of the risk mitigations established in the conditions and limitations of this exemption, a person 

that holds a U.S. issued driver’s license who is operating a UAS will not adversely affect safety. 

The FAA is granting relief from §61.23 (a) to allow any pilot that holds one of the pilot’s 
certificates discussed above to operate a UAS under this exemption with a U.S. issued driver’s 

license in lieu of an FAA-issued medical certificate. The FAA is also granting relief from 

§61.23 (c) to allow sport pilot certificate holders to operate aircraft other than LSA with a U.S. 

issued driver’s license under this exemption.” 

FIC LLC seeks relief from Section §61.101(e)(4) & (5) entitled Recreational pilot privileges and 

limitations, Section §61.113(a) entitled Private pilot privileges and limitations: Pilot in 

command, and Section §61.315(a) entitled What are the privileges and limits of my sport pilot 

certificate? to allow a PIC holding a sport pilot, private pilot or recreational pilot certificate to 

operate the UAS for compensation or hire. The relief is requested because these sections restrict 

a PIC holding a sport, private or recreational pilot certificate from operating the UAS for 

compensation or hire or for the furtherance of any business. The equivalent level of safety will 

be maintained because the aeronautical knowledge relevant to UAS operation is sufficient at all 

three levels of certification and private, recreational and sport pilot certificate holders are subject 

to security screening by the Department of Homeland Security. The PIC will demonstrate the 

ability to safely operate the DJI Phantom 3 Professional UAS in a manner consistent with this 

exemption by meeting minimum flight-hour and currency requirements including evasive and 

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

structures. 

 

FIC LLC seeks relief from Section §91.7(a) entitled Civil aircraft airworthiness because FIC 

LLC is also seeking relief from airworthiness certification requirements (as noted in the 

beginning of this section) and therefore will ensure an equal level of safety will be maintained by 

determining that the DJI Phantom 3 Professional are in a condition safe for flight prior to every 

flight by ensuring that the UAS is in compliance with the operating documents including flight 

and maintenance logs and Attachment 1 –User Manual and Attachment 2 - Safety. 

FIC LLC seeks relief from Section §91.119(c) entitled Minimum safe altitudes: General because 

FIC LLC will be conducting aerial data collection of construction sites and inspection sites 

which may require a closer view of structures and vehicles than the 500 feet stated. Due to the 

size of the UAS and the hovering and maneuvering capabilities of the DJI Phantom 3 

Professional an equivalent level of safety can be maintained at a distance that is closer than 500 

feet. 

 

FIC LLC seeks relief from Section §91.121 entitled Altimeter settings because the UAS utilizes a 

barometric pressure sensor, GPS equipment and a radio communications telemetry data link to 

downlink altitude information to the PIC. An equivalent level of safety will be maintained since 

the UAS is equipped with a barometric pressure sensor and GPS equipment which will 

automatically ensure that a ground level pressure setting will be established prior to each flight 

and provide the PIC with altitude information on the heads up display of the ground control 

system. 

FIC LLC seeks relief from Section §91.151(a)(1) entitled Fuel requirements for flight in VFR 

conditions due to the battery limitations of the DJI Phantom 3 Professional battery allowing for 

up to 23 minutes of uninterrupted flight time when fully charged. Therefore an additional 30 

minutes of flight time would not be feasible under VFR conditions past the point of intended 
landing. Due to the technical specifications of the UAS and proposed flight operations and 

location of flight operations, equivalent safety measures will be in place and Attachment 1 – 

User Manual contains a description of the low battery return-to-home procedure that is in place 

as a low battery level failsafe as part of the DJI Intelligent Flight Battery. Audible and visual 

warnings are transmitted to the PIC to indicate diminishing battery power levels. 

 

FIC LLC seeks relief from Section §91.405(a) entitled Maintenance Required, Section 

§91.407(a)(1) entitled Operation after maintenance, preventive maintenance, rebuilding, or 

alteration., Section §91.409(a)(1) & (2) entitled Inspections, and Section §91.417(a) & (b) 

entitled Maintenance records because these sections apply to aircrafts with an airworthiness 

certificate which FIC LLC is also seeking relief from as previously noted. To ensure at least an 

equivalent level of safety inspection, maintenance, alterations and repairs on the UAS will be 

done in accordance with techniques and practices as prescribed in Attachment 1 – User Manual 

and Attachment 2 -Safety and flight and maintenance logs will be kept on file and completed by 

the PIC. 

How your request would benefit the publics as a whole 

Granting this request for exemption will further the public interest by allowing FIC LLC to 

safely, efficiently, and economically perform aerial data collection including aerial video and 

photography of construction sites, surveying, inspecting sites and landscapes over certain areas 

of the United States. Additionally, use of the DJI Phantom 3 Professional UAS will decrease 

congestion of the NAS, reduce pollution, and provide significant benefits to the economy. 

Notably, the benefits of FIC LLC’s proposed operation of the DJI Phantom 3 Professional UAS 

will be realized without implicating any privacy issues.

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

The DJI Phantom 3 Professional UAS is battery powered and will 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 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 operations in the NAS, congestion 

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

Professional UAS 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

Professional UAS.

Conducting aerial data acquisitions with the DJI Phantom 3 Professional 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 powered and electric motors, the DJI Phantom 3 Professional 

UAS 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 2030 gallons per hour of leaded 

aviation fuel. The DJI Phantom 3 Professional 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 Professional UAS 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 UA (weight approximately 2 pounds 13 ounces at its maximum gross 

weight with length a 23.3 inches diagonal, 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 (weight 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

Professional UAS Will Benefit The Economy.

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

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

operation of the DJI Phantom 3 Professional UAS will allow United States based companies, 

like FIC LLC, 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 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 the DJI Phantom 3 Professional UAS companies, such as FIC LLC, 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 UAS, 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, FIC LLC’s proposed operations of the DJI Phantom 3 Professional UAS will not 

implicate any privacy issues. Specifically the DJI Phantom 3 Professional UAS will be 

operated in compliance with Attachment 1 – User Manual including requiring property owner 
involvement as well as local law enforcement notification, and in accordance with the Federal 

Aviation Regulations when applicable. 

Any additional information, views, or arguments available to support your request 

This petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA) 

Section 333 which directs the Secretary of Transportation to determine if certain UAS may 

operate safely in the NAS. As such, FIC LLC’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 previously. 

The 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, FIC LLC will operate the DJI Phantom 3 Professional UAS 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, FIC LLC 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 UAS commercially, without an airworthiness 

certificate, for the limited purpose of conducting aerial data collection over certain areas of 

the United States. By granting this Petition, the FAA Administrator will be fulfilling the 

Congressional mandate of the FMRA, while also advancing the interests of the public, by 

allowing FIC LLC to safely, efficiently, and economically operate the DJI Phantom 3 

Professional UAS commercially within the NAS.

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

Section 333, FIC LLC respectfully requests that the Administrator grant this Petition for an 

exemption from the requirements of 14 C.F.R. §61.23 (a) & (c), 61.101(e)(4) & (5), 61.113(a), 

61.315(a), 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (2), 

and 91.417(a) & (b) and permit FIC LLC to operate the DJI Phantom 3 Professional UAS 

commercially for the purpose of conducting aerial data collection over certain areas of the 

United States for forensic inspections.

Dated: October 26, 2015 

Respectfully submitted,

Kevin Unemori
FIC LLC 

1521 South King St., Unit 305 

Honolulu, HI 96826 

808.620.0455