UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION 

ADMINISTRATION WASHINGTON, DC 

 

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: Sound Aerial Photography

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF TITLE 14 OF THE CODE OF FEDERAL 

REGULATIONS SECTIONS 61.129(c), 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 OFTHEDJI PHANTOM 3 UNMANNED 

AIRCRAFT SYSTEM PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 

2012 (PUBLIC LAW 112-95) 

Submitted on November 12, 2015 By,

Bryce Witkowski

12918 77th AVE E Puyallup, WA 98373

253-732-1560 

Bryce.witkowski@yahoo.com

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) 

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 

DJI UAV manufacturer 

ESC Electronic speed control 

FPV First Person View 

LI-PO Lithium Polymer battery 

RCV Radio Controlled vehicle 

 

SUMMARY

Bryce Witkowski, operating under the company title, Sound Aerial Photography 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 Sound Aerial 

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

aerial video and photography for Marketing, film sets, real estate photography, commercials, special 

events, wedding cinematography, marine photography, roofing inspection, and landscape imaging over 

certain areas of the United States. 

INTRODUCTION AND INTERESTS OF THE PETITIONER

My name is Bryce Witkowski, and I am an Airline pilot for Horizon Airlines. I also am a flight instructor 

who is devoted to increase safety margins in the National Airspace System. I have years on experience 

flying RVC’s

The objective of Sound Aerial Photography is to provide superior aerial imaging for a wide range of 

industries and events while promoting safe UAS operations and promoting public knowledge of UAS’s as 

well as providing a high level of knowledge about UAS’s.

BACKGROUND 

Unmanned Aircraft Systems: DJI Phantom 3UAS:

Sound Aerial Photography seeks an exemption to operate the DJI system 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 2 pounds 14 ounces, 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 UAS is equipped with four main rotors; driven by a Lithium Polymer battery powered electric 

motor. 

The DJI Phantom 3 UAS that will be operated by Sound Aerial Photography 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. 

BASIS FOR PETITION 

Petitioner, Sound Aerial Photography, 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 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, Sound Aerial Photography’s’ operation of DJI Phantom 3 UAS 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, Sound Aerial Photography 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. 

Sound Aerial Photography submits that the requested relief is proper since an equivalent level of safety 

will be ensured. Sound Aerial Photography will use experienced personnel or technicians 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 

Manual). Furthermore, Sound Aerial Photography will document and maintain all maintenance records 

for the DJI Phantom 3. 

Relief from certain requirements of Section 61.129 (c), entitled Commercial pilot privileges and 

limitations with helicopter rating: Pilot in command, is requested by Sound Aerial Photography the 

extent necessary to allow a Pilot in Command (PIC) holding a private pilot or higher level certificate, as 

well as an 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 UAS in a manner 

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

appropriate distances from people, vessels, vehicles and structures. 

Sound Aerial Photography 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, Sound Aerial Photography submits that they will ensure that the DJI Phantom 3 

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, and DJI Phantom 3Instruction Manual), and 

that the aircraft is in a condition for safe flight. 

Sound Aerial Photography also seeks an exemption from the requirements of Section 91.121, entitled 

Altimeter Settings, as the DJI Phantom 3 UAS will not have a typical barometric altimeter onboard. 

However, altitude information of the DJI Phantom 3 UAS will be provided to the PIC via Global 

Positioning System (GPS) equipment and radio communications telemetry data link, which downlinks 

from the UAS to the GCS for active monitoring of the flight path. This altitude information, combined 

with Sound Aerial Photography’s operation of the DJI Phantom UAS within visual line of sight, at or 

below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121. 

Additionally, Sound Aerial Photography seeks an exemption from the requirements of Section 91.151(b), 

entitled Fuel requirements for flight in VFR conditions. Sound Aerial Photography submits that safety 

will not be affected by operation of the DJI Phantom 3 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 15.5 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, Sound Aerial Photography 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: 

Bryce Witkowski

12918 77th AVE E Puyallup, WA 98373

253-732-1560

Byce.witkowski@yahoo.com

A. The Specific Sections Of 14 C.F.R. From Which Sound Aerial Photography Seeks Exemption.

1. Sound Aerial Photography Seeks Exemption From The Requirements Of Section 61.129(c). Section 

61.129(c), entitled Aeronautical experience for helicopter rating. As a current commercial pilot I, Bryce 

Witkowski, will conduct safe and diligent flight operations with a UAS as I have done with fixed wing 

aircraft. I, Bryce Witkowski, Currently poses all certificates and rating to operate single and multi engine 

land, airplane. I will transfer that knowledge to operate a UAS in compliance with all applicable FAR’s, 

with a priority in avoiding conflict in the National Airspace System. I will maintain a First Class Medical 

Certificate.

2. Sound Aerial Photography 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. Sound Aerial Photography 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--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. Sound Aerial Photography Seeks Exemption From The Requirements Of Section 91.151(b). 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. Sound Aerial Photography 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. Sound Aerial Photography 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 § 43.7of this chapter[.] 

7. Sound Aerial Photography 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. Sound Aerial Photography 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. 

3. The owner or operator shall retain the following records for the periods prescribed: (i) 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. (ii) 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. (iii) 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. 

B.The Extent Of Relief Sound Aerial Photography Seeks And The Reason Sound Aerial Photography Seeks 

The Relief. 1. Extent Of Relief Sound Aerial Photography Seeks And The Reason Sound Aerial

Photography Seeks Relief From Section 61.129(c). Relief from Section 61.129(c) entitled Commercial

pilot privileges: Aeronautical experience for a helicopter rating: Stating pilot in command of a rotorcraft 

must log a certain number of flight experience and pass the appropriate practical test to operate a 

rotorcraft. As set forth more fully below, Sound Aerial Photography submits that an equivalent level of 

safety will be maintained because no PIC will be allowed to operate the DJI Phantom 3UAS unless that 

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

operate the 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. Furthermore, Sound Aerial Photography submits 

that all flights of the DJI Phantom 3 UAS, conducted by the PIC pursuant to the grant of this Petition: (1) 

will be incidental to

Sound Aerial Photography business; and (2) will not carry passengers or property for compensation or 

hire. 

2. Extent Of Relief Christopher Mergenthaler Seeks And The Reason Sound Aerial Photography 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 Sound Aerial Photography to determine that the DJI Phantom 3 UAS is in 

airworthy condition prior to every flight by ensuring that the UAS is in compliance with the operating 

documents (i.e., Sound Aerial Photography Aerial Operations Manual, Monthly Maintenance Log, and

DJI Phantom 3 Instruction Manual, Pre-Flight Checklist). Sound Aerial Photography seeks the requested 

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

14 C.F.R. Part 21, Subpart H. Therefore, Sound Aerial Photography will ensure that the DJI Phantom 3 

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

Maintenance Log, and DJI Phantom 3 Instruction Manual) prior to every flight, and further, determine 

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

3. Extent Of Relief Sound Aerial Photography Seeks And The Reason Sound Aerial Photography 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 UAS, which utilizes 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), 

Sound Aerial Photography seeks the requested relief because the DJI Phantom 3 UAS’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 UAS 

is 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 Sound Aerial Photography Seeks And The Reason Sound Aerial Photography seeks 

Relief From 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 Phantom 3 

UAS during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a 

total duration of 15.5 minutes to the first point of intended landing and, assuming normal cruising

speed, to fly after that for at least 4.5 minutes. Sound Aerial Photography seeks the requested relief 

because without an exemption from Section 91.151(b), the flight time duration of the battery powered 

DJI Phantom 3 UAS will severely constrain the practicality of any aerial video or still photo flight 

operations that Sound Aerial Photography proposes to conduct pursuant to this Petition. Significantly, as 

set forth below, the technical specifications of the DJI Phantom 3 UAS, the DJI Phantom 3 UAS’s 

operating documents, and proposed operating limitations, ensure that Sound Aerial Photography will 

safely operate the battery powered DJI Phantom 

3 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 15.5 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 Sound Aerial Photography seeks And The Reason Sound Aerial Photography 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, Sound Aerial Photography requests relief from these Sections because the DJI 

Phantom 3 UAS does not require airworthiness certificates. As set forth more fully below, the DJI 

Phantom 3 UAS meets the conditions of FMRA Section 333 for operation without an airworthiness

certificate. Accordingly, Sound Aerial Photography will use trained technicians to perform maintenance, 

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

prescribed in the UAS operating documents (i.e., Sound Aerial Photography Aerial Operations Manual, 

Monthly Maintenance Log, DJI Phantom 3 Instruction Manual, PreFlight Checklist). Furthermore, Sound 

Aerial Photography will document and maintain all maintenance records for the DJI Phantom 3UAS. 

C. The Reasons Why Sound Aerial Photography’s 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 Sound Aerial Photography to safely, efficiently, and economically perform aerial video and 

photography of construction sites, real estate, and landscape, boats, and events over certain areas of 

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

reduce pollution, crashes and accidents caused by pilot error and provide significant benefits to the 

economy. Notably, the benefits of Sound Aerial Photography’s proposed operation of the DJI Phantom 3 

UAS will be realized without implicating any privacy issues. 1. The Public Will Benefit From Decreased 

Congestion Of The NAS. The DJI Phantom 3 UAS 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 amount 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 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 UAS, while reducing the carbon footprint of aerial acquisitions, also eliminates noise 

pollution, as the UAS 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, 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 (weighing approximately 2pounds 14 ounces at its 

maximum gross weight, with a length of 16 inches, and a width 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, like Sound Aerial Photography, 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 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 UAS, companies such as Sound Aerial Photography, 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 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, Sound Aerial Photography’s proposed operation of the DJI Phantom 3 UAS will not implicate 

any privacy issues. Specifically, the DJI Phantom 3 UAS will be operated only in compliance with 

operating documents (i.e., Sound Aerial Photography Aerial Operations Manual, Monthly Maintenance 

Log, DJI Phantom 3 and Instruction Manual, Pre-Flight Checklist) 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 Sound Aerial 

Photography Seeks Exemption. 

1. Reasons Why The DJI Phantom 3 UAS 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, Sound Aerial Photography’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 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, Sound Aerial Photography 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 Demonstrates 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 is set forth by the DJI Phantom 3 Specifications and Data Sheet, attached hereto as Exhibit A. 

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 provided at pages 25-35 of the DJI Phantom 3 User Manual, attached hereto as Exhibit 

B.

iii. The DJI Phantom 3 UAS is Designed For Automatic Return To Home Point Or Hover In The Event 

OfLoss Of The Control Link Or Navigation. When the Control Link is lost, the DJI Phantom 3 UAS will 

remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 3 UAS does 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 UAS are set forth at 

pages 27 through 29 of the DJI Phantom User Manual, attached here to as Exhibit B. iv. The DJI Phantom 

3GCS And Its Operation. A complete description of the operation and specifications of the DJI Phantom 

3GCS and flight control software is provided at pages 32 through 43 of the DJI Phantom 3 User Manual. 

DJI Phantom 3 User Manual is attached hereto as Exhibit B.

b. Flight Operations Of DJI Phantom 3 UAS is Limited To The Line Of Sight Of A Certificated Pilot in 

Command With A Safety Observer. Sound Aerial Photography will only utilize certificated pilots who 

possess a current and valid airman medical certificate to act as a pilot in command (PIC) of the DJI 

Phantom 3 UAS. Additionally, a safety observer will assist all pilots during flight time. c. Flights Of DJI 

Phantom 3 UAS Will Be Conducted Pursuant To Specific Operating Limitations. In seeking this 

exemption, Sound Aerial Photography proposes to commercially operate the DJI Phantom 3 UAS 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 Unmanned Aircraft System. 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 UAS 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. 

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. 

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 UAS 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 UAS 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. 

21. The UAS 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 UAS loses communications or loses its GPS signal, it must return to a predetermined 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.

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 These exemptions would not adversely affect public safety. No PIC will be allowed to 

operate the DJI Phantom 3 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 UAS in a manner 
consistent with the exemption, including evasive and emergency maneuvers and maintaining 

appropriate distances from people, vessels, vehicles and structures. 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). Sound Aerial 

Photography will not allow any PIC to operate the DJI Phantom 3 UAS unless that PIC has demonstrated, 

by meeting minimum flight-hour requirements and the DJI Phantom 3 UAS training 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. 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 (witha 

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 Sound Aerial Photography’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 flighthour 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, Sound Aerial Photography will ensure safe operations by not allowing any PIC to 

operate the DJI Phantom 3 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 UAS in a manner 

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

appropriate distances from people, vessels, vehicles and structures. 

 

CONCLUSION 
Sound Aerial Photography 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 

UAS 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 Sound Aerial Photography to safely, 

efficiently, and economically operate the DJI Phantom 3 UAS commercially within the NAS. Therefore, in 

accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, 

Section 333, Christopher Mergenthaler respectfully requests that the Administrator grant this Petition 

for an exemption from the requirements of 14 C.F.R Sections 61.129(c), 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 Sound Aerial Photography

to operate the DJI Phantom 3 UAS commercially for the purpose of conducting aerial video and 

photography over certain areas of the United States. Dated: November 12, 2015 Submitted by 

Bryce Witkowski

 

APPENDIX –A DJI PHANTOM 3 TECHNICAL SPECIFICATIONS 

Sound Aerial Photography utilizes safe and reliable UASs. DJI is an industry leader in small UAS 

production. DJI UASs are loaded with ground breaking software enabling the user to set parameters 

which will not allow flight into controlled airspace. Parameters can also be set to limit flight to no higher 

than a predetermined and set altitude as well as limit flight to a predetermined and set distance. In 

addition, DJI software provides real-time altitude and location information to the PIC via the linked 

monitor (smart phone/tablet devices) 

1.1DJI Phantom 3

1.2 1.1.1 Aircraft 

1.1.1.1 Supported Battery –DJI 6000AH LiPo Battery 

1.1.1.2 Weight (Battery & Propellers Included) –2lbs 11.810oz (1242g) 

1.1.1.3 Hover Accuracy (Ready to Fly) –Vertical: .8m; Horizontal: 2.5m 

1.1.1.4 Max Yaw Angular Velocity -200/s 

1.1.1.5 Max Tilt Angel -35

1.1.1.6 Max Ascent Speed –6m/s 

1.1.1.7 Max Descent Speed –2m/s 

1.1.1.8 Max Flight Speed –15m/s (NOT RECOMMENDED) 

1.1.2 Gimbal 1.1.2.1 Working Current –Static: 750mA; Dynamic: 900mA

1.1.2.2 Control Accuracy -±0.03

1.1.2.3 Controllable Range –Pitch: -90 -0 
1.1.2.4 Maximum Angular Speed –Pitch: 90/s 

1.1.3 Camera 

1.1.3.1 Operating Temperature Range -32F -104F (0C -40C) 

1.1.3.2 Sensor Size –1/2.3” 

1.1.3.3 Effective Pixels –14M 

1.1.3.4 Resolution –4384x3288 

4.1.3.5 HD Video Recording –1080p30 & 720p 

4.1.3.6 Recording Field of View -110/85 

APPENDIX-B

DJI PHANTOM 3USER MANUAL

http://www.dji.com/product/phantom-3/download