UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC 

Regulatory Docket No. _______________ 

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: 

Christopher D. Pendleton 

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF 

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS 

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

91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL 

OPERATION OF DJI PHANTOM 1, DJI INSPIRE 1, DJI PHANTOM 3 

AIRCRAFT SYSTEMS 

PURSUANT TO SECTION 333 OF 

THE FAA MODERNIZATION AND REFORM ACT OF 2012 

(PUBLIC LAW 112-95)

Submitted on May 15, 2015 

Christopher D. Pendleton 

6770 W Via Tres Casas 

Tucson, AZ 85743 

Tel: (520) 275-1663 
2

TABLE OF CONTENTS

Page 

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

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

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

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

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

NAME AND ADDRESS OF PETITIONER.............................................................7 

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH CHRISTOPHER D. 

PENDLETON SEEKS EXEMPTION.......................................................................7 

THE EXTENT OF RELIEF CHRISTOPHER D. PENDLETON AND THE 

REASON CHRISTOPHER D. PENDLETON SEEKS THE RELIEF..................12 

THE REASONS WHY GRANTING CHRISTOPHER D. PENDLETON’S 

REQUEST WOULD BE IN THE PUBLIC INTEREST ......................................15 

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT 

ADVERSELY AFFECT SAFETY..........................................................................18 

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER......35 

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS 

AVAILABLE TO SUPPORT CHRISTOPHER D. PENDLETON’S 

REQUEST...............................................................................................................35

CONCLUSION....................................................................................................................36 

APPENDICES........................................................................................38
3

GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level 

AOI Area of Interest 

ATC Air Traffic Control 

ATO Air Traffic Organization 

AV Aerial Vehicle 

CFR Code of Federal Regulations 

COA Certificate of Authorization 

FAA Federal Aviation Administration 

FAR Federal Aviation Regulation 

GCS Ground Control Station 

GPS Global Positioning System 

LOL Loss of Link 

NAS National Airspace System 

NOTAM Notice to Airman 

PIC Pilot In Command 

Section 333 FAA Modernization and Reform Act of 2012 (FMRA) Section 333 

SO Safety Observer 

SOP Standard Operating Procedures

UA Unmanned Aircraft 

UAS Unmanned Aircraft System 

VFR Visual Flight Rules 

VLOS Visual Line of Site 

VMC Visual Meteorological Conditions 

VTOL Vertical Takeoff and Landing
4

SUMMARY

Christopher D. Pendleton 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 

Christopher D. Pendleton to operate an Unmanned Aircraft System (UAS) for the 

commercial purpose of conducting aerial video and photography of construction sites, real 

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

INTRODUCTION AND INTERESTS OF THE PETITIONER

Christopher D. Pendleton provides clients with expertise and knowledge in advanced 

technologies and solutions to increase efficiency, productivity and effectiveness. 

Christopher D. Pendleton is a FAA licensed pilot that holds a Commercial Single Engine 

Land, and Multi-Engine Land Instrument Airplane Certificates. In addition, he holds FAA 

Ground Instructor - Advance certificate. He has over 400 hours of flight time. Christopher 

D. Pendleton has owned a UAS for recreational/hobby purposes for 17 months and has 

over 75 hours of UAS experience. The objective Christopher D. Pendleton’s aerial video 

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

public, and residential uses, specifically targeting: 

• Real estate and private property aerial photography 

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

• Increase public knowledge of UAS and promote safe UAS operations. 

BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 1, DJI Inspire 1, DJI Phantom 3

Christopher D. Pendleton seeks an exemption to operate DJI systems for compensation or 

hire within the NAS. The DJI Phantom 1, DJI Inspire 1, DJI Phantom 3 UAS is a vertical 

takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station 
5

(GCS) utilizing electronic tablet or smart phone systems. The DJI Phantom has a 

maximum gross weight of approximately 2 pounds 11 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 Inspire 1 has a maximum gross weight of 6.47 lbs, a length of 17.2 inches, 

width of 17.75 inches, a height of 11.85 inches, and a maximum speed of approximately 42 

knots. The DJI Phantom 3 has a maximum gross weight of 6 pounds 7.5 ounces, a length 

of 17.3 inches, width of 17.7 inches, height of 11.8 inches and a maximum speed of 

approximately 42 knots. The DJI Phantom 1, DJI Inspire 1, DJI Phantom 3 UAS are 

equipped with four main rotors; driven by Lithium Polymer battery powered electric 

motors.

The DJI Phantom 1, DJI Inspire 1, DJI Phantom 3 UAS that will be operated by 

Christopher D. Pendleton will be registered in accordance with 49 U.S.C. 44103, 

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

accordance with 14 C.F.R. Part 45, Identification and Registration Marking. 

BASIS FOR PETITION

Petitioner, Christopher D. Pendleton, 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 1, DJI Inspire 1, 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, Christopher D. Pendleton’s operation of DJI Phantom 

1, DJI Inspire 1, 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. 
6

Accordingly, Christopher D. Pendleton 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. 

Christopher D. Pendleton submits that the requested relief is proper since an equivalent 

level of safety will be ensured. Christopher D. Pendleton will use experienced personnel or 

technicians to perform maintenance, alterations, or preventive maintenance on the UASs 

using the methods, techniques, and practices prescribed in the operating documents (i.e., 

Monthly Maintenance Log, and DJI Phantom 1, DJI Inspire 1, DJI Phantom 3 UAS 

Manual). Furthermore, Christopher D. Pendleton will document and maintain all 

maintenance records for the DJI Phantom 1, DJI Inspire 1, 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 Christopher D. Pendleton to 

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 1, DJI Inspire 1, 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. 

Christopher D. Pendleton seeks relief from Section 91.7(a), entitled Civil aircraft 

airworthiness, because the DJI Phantom 1, DJI Inspire 1, DJI Phantom 3 UAS does not 

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

such, Christopher D. Pendleton submits that he will ensure that the DJI Phantom 1, DJI 

Inspire 1, DJI Phantom 3 UAS are 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 1, DJI Inspire 1, DJI Phantom 3 UAS Instruction 

Manual), and that the aircraft is in a condition for safe flight. 
7

Christopher D. Pendleton also seeks an exemption from the requirements of Section 

91.121, entitled Altimeter Settings, as the DJI Phantom 1, DJI Inspire 1, DJI Phantom 3 

UAS will not have a typical barometric altimeter onboard. However, altitude information 

of the DJI Phantom 1, DJI Inspire 1, 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 UA to the GCS for active monitoring of the flight path. 

This altitude information, combined with Christopher D. Pendleton’s operation of the DJI 

Phantom 1, DJI Inspire 1, 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, Christopher D. Pendleton seeks an exemption from the requirements of 

Section 91.151(b), entitled Fuel requirements for flight in VFR conditions. Christopher D. 

Pendleton submits that safety will not be affected by operation of the DJI Phantom 1, DJI 

Inspire 1, 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 13.5 minutes to the first point of intended landing and, assuming 

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

In accordance with 14 C.F.R. § 11.81, Christopher D. Pendleton 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: 

Christopher D. Pendleton 

6770 W Via Tres Casas 

Tucson, AZ 85743 

Tel: (520) 275-1663 

Email: chris@TucsonRealPros.com 

B. The Specific Sections Of 14 C.F.R. From Which Christopher D. Pendleton Seeks 

Exemption. 

1. Christopher D. Pendleton Seeks Exemption From The Requirements Of 

Section 61.113(a) And (b). 
8

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

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

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

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

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

of an aircraft. 

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

connection with any business or employment if— 

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

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

hire. 

2. Christopher D. Pendleton 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. Christopher D. Pendleton Seeks Exemption From The Requirements Of 

Section 91.121. 

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

part: 

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

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

is set, when operating-- 

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

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

within 100 nautical miles of the aircraft; 
9

(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. Christopher D. Pendleton 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. Christopher D. Pendleton 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. Christopher D. Pendleton 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: 
10

(a) No person may operate any aircraft that has undergone maintenance, 

preventive maintenance, rebuilding, or alteration unless-- 

(1) It has been approved for return to service by a person authorized under § 

43.7 of this chapter[.] 

7. Christopher D. Pendleton 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. Christopher D. Pendleton 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 
11

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. 
12

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

prescribed: 

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

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

work is performed. 

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

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

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

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

aircraft is approved for return to service. 

C. The Extent Of Relief Christopher D. Pendleton Seeks And The Reason 

Christopher D. Pendleton Seeks The Relief. 

1. Extent Of Relief Christopher D. Pendleton Seeks And The Reason 

Christopher D. Pendleton Seeks Relief From Section 61.113(a) And (b). 

Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations: 

Pilot in command, is requested to the extent necessary to allow a PIC holding a private 

pilot or higher level certificate, as well as a current and valid airman medical certificate, 

and who has met certain flight-hour and currency requirements, to conduct the proposed 

UAS flight operations for compensation or hire. 

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

a private pilot may, for compensation or hire, act as PIC of an aircraft in connection with 

any business or employment if: (1) The flight is only incidental to that business or 

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

or hire. 
13

As set forth more fully below, Christopher D. Pendleton submits that an equivalent level of 

safety will be maintained because no PIC will be allowed to operate the DJI Phantom 1, 

DJI Inspire 1, DJI Phantom 3 UAS unless that PIC has met certain flight-hour and 

currency requirements, demonstrating that the PIC is able to safely operate the DJI 

Phantom 1, DJI Inspire 1, DJI Phantom 3 UAS in a manner consistent with the operations 

specifications as described in this exemption, including evasive and emergency maneuvers, 

as well as maintaining appropriate distances from people, vessels, vehicles and structures. 

Further, Christopher D. Pendleton submits that all flights of the DJI Phantom 1, DJI Inspire 

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

will be incidental to Christopher D. Pendleton’s business; and (2) will not carry passengers 

or property for compensation or hire. 

2. Extent Of Relief Christopher D. Pendleton Seeks And The Reason 

Christopher D. Pendleton 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 Christopher D. Pendleton to determine that the DJI Phantom 1, DJI 

Inspire 1, 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., Monthly Maintenance 

Log, and DJI Phantom 1, DJI Inspire 1, DJI Phantom 3 UAS Instruction Manual). 

Christopher D. Pendleton seeks the requested relief because the DJI Phantom 1, DJI 

Inspire 1, DJI Phantom 3 UAS does not require an airworthiness certificate in accordance 

with 14 C.F.R. Part 21, Subpart H. Therefore, Christopher D. Pendleton will ensure that 

the DJI Phantom 1, DJI Inspire 1, DJI Phantom 3 UAS is in airworthy condition based 

upon its compliance with the operating documents (i.e., Monthly Maintenance Log, and 

DJI Phantom 1, DJI Inspire 1, DJI Phantom 3 UAS 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.
14

3. Extent Of Relief Christopher D. Pendleton Seeks And The Reason 

Christopher D. Pendleton 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 1, DJI Inspire 1, DJI Phantom 3 UAS , which utilize a 

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

link to downlink altitude information from the UA to the PIC at the ground control station 

(GCS). Since the FAA requires that any altitude information concerning UAS operations 

be reported to air traffic control (ATC) in feet above ground level (AGL), Christopher D. 

Pendleton seeks the requested relief because the DJI Phantom 1, DJI Inspire 1, DJI 

Phantom 3 UAS 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 1, DJI Inspire 1, 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 Christopher D. Pendleton Seeks And The Reason 

Christopher D. Pendleton 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 1, DJI 

Inspire 1, DJI Phantom 3 UAS during daylight hours in visual meteorological conditions 

(VMC), under visual flight rules (VFR), for a total duration of 13.5 minutes to the first 

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

4.5 minutes. Christopher D. Pendleton seeks the requested relief because without an 

exemption from Section 91.151(b), the flight time duration of the battery powered DJI 
15

Phantom 1, DJI Inspire 1, DJI Phantom 3 UA will severely constrain the practicality of any 

aerial video or still photo flight operations that Christopher D. Pendleton proposes to 

conduct pursuant to this Petition. 

Significantly, as set forth below, the technical specifications of the DJI Phantom 1, DJI 

Inspire 1, DJI Phantom 3 UAS operating documents, and Christopher D. Pendleton’s 

proposed operating limitations, ensure that Christopher D. Pendleton will safely operate 

the battery powered DJI Phantom 1, DJI Inspire 1, 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 13.5 minutes to the first point of 

intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 

minutes.

5. Extent Of Relief Christopher D. Pendleton Seeks And The Reason 

Christopher D. Pendleton 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, Christopher D. Pendleton requests relief 

from these Sections because the DJI Phantom 1, DJI Inspire 1, DJI Phantom 3 UAS does 

not require airworthiness certificates. As set forth more fully below, the DJI Phantom 1, 

DJI Inspire 1, DJI Phantom 3 UAS meets the conditions of FMRA Section 333 for 

operation without an airworthiness certificate. Accordingly, Christopher D. Pendleton will 

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

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

documents (i.e., Monthly Maintenance Log, and DJI Phantom 1, DJI Inspire 1, DJI 

Phantom 3UAS). Furthermore, Christopher D. Pendleton will document and maintain all 

maintenance records for the DJI Phantom 1, DJI Inspire 1, DJI Phantom 3UAS. 

D. The Reasons Why Granting Christopher D. Pendleton’s Request Would Be In 

The Public Interest; That Is, How It Would Benefit The Public As A Whole. 
16

Granting the present Petition will further the public interest by allowing Christopher D. 

Pendleton to safely, efficiently, and economically perform aerial video and photography of 

construction sites, real estate, and landscape over certain areas of the United States. 

Additionally, use of the DJI Phantom 1, DJI Inspire 1, DJI Phantom 3UAS will decrease

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

Notably, the benefits of Christopher D. Pendleton’s proposed operation of the DJI 

Phantom 1, DJI Inspire 1, DJI Phantom 3UAS will be realized without implicating any 

privacy issues. 

 

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

The DJI Phantom 1, DJI Inspire 1, DJI Phantom 3UAS 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 1, DJI Inspire 1, DJI 

Phantom 3UAS 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 

1, DJI Inspire 1, DJI Phantom 3UAS 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 1, DJI Inspire 1, DJI Phantom 3 UAS . 

Conducting aerial acquisitions with the DJI Phantom 1, DJI Inspire 1, DJI Phantom 3UAS, 

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 1, DJI
17

Inspire 1, 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 1, DJI 

Inspire 1, DJI Phantom 3UAS, while reducing the carbon footprint of aerial acquisitions, 

also eliminates noise pollution, as the UAs are propelled by battery powered electric 

motors, rather than an internal combustion engine. 

By using the DJI Phantom 1, DJI Inspire 1, 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 1, DJI Inspire 1, DJI Phantom 3 UAS (weighing 

approximately 2 pounds 11 ounces and 6 pounds 7.5 ounces respectively, at there 

maximum gross weight with a length of 16 inches and 17.3 inches respectively, widths of 

16 inches and 17.7 inches respectively, and with no fuel on board), has less physical 

potential for collateral damage to life and property on the ground, and in the air, compared 

to the manned aircraft that typically conduct similar operations (weighing approximately 

6,000 pounds with a wingspan of 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 1, DJI Inspire 1, DJI Phantom 3 UAS Will Benefit The Economy. 

In addition to being safe and efficient, the DJI Phantom 1, DJI Inspire 1, DJI Phantom 3UAS is 

also an economical alternative to using manned aircraft to conduct similar aerial 

operations. As such, operation of the DJI Phantom 1, DJI Inspire 1, DJI Phantom 3UAS 

will allow United States based companies, like Christopher D. Pendleton’s, 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 
18

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

Phantom 1, DJI Inspire 1, 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 1, DJI Inspire 1, DJI Phantom 3 UAS, companies such as 

Christopher D. Pendleton’s, 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 1, DJI Inspire 1, 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, Christopher D. Pendleton’s proposed operation of the DJI Phantom 1, DJI Inspire 

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

Phantom 1, DJI Inspire 1, DJI Phantom 3 UAS will be operated only in compliance with 

operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 1, DJI Inspire 1, 

DJI Phantom 3 UAS) 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 Christopher D. Pendleton Seeks Exemption. 

1. Reasons Why The DJI Phantom 1, DJI Inspire 1, DJI Phantom 3 UA Meets 

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

Section 333. 
19

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

unmanned aircraft and its operation, Christopher D. Pendleton's operation of the DJI 

Phantom 1, DJI Inspire 1, 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). 
20

(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, Christopher D. Pendleton submits that the DJI Phantom 1, DJI 

Inspire 1, 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 1, DJI Inspire 1, DJI 

Phantom 3 UAS ; (b) the pilot certification requirement; and (c) the specific operating 

limitations. 

a. The Specifications Of The DJI Phantom 1, DJI Inspire 1, DJI Phantom 

3 UAS Demonstrate Its Safe Characteristics. 

The DJI Phantom 1, DJI Inspire 1, 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 1, DJI Inspire 1, DJI 

Phantom 3 UAS . 

The technical specifications of the DJI Phantom 1, DJI Inspire 1, DJI Phantom 3 UAS is

set forth by the DJI Phantom 1, DJI Inspire 1, DJI Phantom 3 UAS Specifications and Data 

Sheet, attached hereto as Appendix A. 

ii. The DJI Phantom 1, DJI Inspire 1, DJI Phantom 3 UAS 

Autonomous Flight And Navigation Modes Enable The UASs To 

Remain Within A Defined Operational Area. 

The DJI Phantom 1, DJI Inspire 1, 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 1, DJI Inspire 1, DJI Phantom 3 UAS is provided hereto as 

Appendix B . 
21

iii. The DJI Phantom 1, DJI Inspire 1, 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 1, DJI Inspire 1, DJI Phantom 3 UAS will 

remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 1, 

DJI Inspire 1, 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 1, DJI Inspire 1, DJI 

Phantom 3 UAS are described in the User Manual, attached hereto as Appendix B. 

iv. The DJI Phantom 1, DJI Inspire 1, DJI Phantom 3 UAS GCS 

And Its Operation. 

A complete description of the operation and specifications of the DJI Phantom 1, DJI 

Inspire 1, DJI Phantom 3 UAS GCS and flight control software is provided in User 

Manuals is attached hereto as Appendix B. 

b. Flight Operations Of DJI Phantom 1, DJI Inspire 1, DJI Phantom 3 

UAS is Limited To The Line Of Sight Of A Certificated Pilot in 

Command With A Safety Observer. 

Christopher D. Pendleton 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 1, 

DJI Inspire 1, DJI Phantom 3 UAS . Additionally, a safety observer will assist all pilots 

during flight time. 

c. Flights Of DJI Phantom 1, DJI Inspire 1, DJI Phantom 3 UAS Will 

Be Conducted Pursuant To Specific Operating Limitations. 

In seeking this exemption, Christopher D. Pendleton proposes to commercially operate DJI 

Phantom 1, DJI Inspire 1, DJI Phantom 3 UAS for the special purpose of conducting 
22

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 1, DJI 

Inspire 1, DJI Phantom 3 UAS . Proposed operations of any other aircraft will 

require a new petition or a petition to amend this grant. 

2. UAS operations under this exemption will be limited to conducting operations 

for the purpose of aerial video and photography. 

3. The UAs may not be flown at an indicated airspeed exceeding 20 knots. 

4. The UA must be operated at an altitude of no more than 400 feet above 

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

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

reported to ATC must be in feet AGL. 

5. The UA 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 
23

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. 
24

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 
25

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

qualification flight hours must be logged in a manner consistent with 14 C.F.R. 

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

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

only be conducted during dedicated training sessions. During training, 

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

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

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

91.119. 

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

§ 1.1. All operations must be conducted under visual meteorological conditions 

(VMC). If flight at night is required, a special request will be made at the FAA 

office closest to proposed area of operations. Flights under special visual flight 

rules (SVFR) are not authorized. 

20. The UA may not operate within 5 nautical miles of an airport reference 

point as denoted on a current FAA-published aeronautical chart unless a letter 

of agreement with that airport’s management is obtained, and the operation is 

conducted in accordance with a NOTAM as required by the operator’s COA. 

The letter of agreement with the airport management must be made available to 

the Administrator upon request. 

21. The UA may not be operated less than 500 feet below or less than 2,000 

feet horizontally from a cloud or when visibility is less than 3 statute miles 

from the PIC. 

22. If the UA loses communications or loses its GPS signal, it must return to a 

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

recovered in accordance with the operating documents. 
26

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. 
27

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 
28

must be reported to the FAA's UAS Integration Office (AFS-80) within 24 

hours. Accidents must be reported to the National Transportation Safety Board 

(NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov. 

2. Reasons Why An Exemption From The Requirements Of Section 

61.113(a) And (b) Would Not Adversely Affect Safety. 

Christopher D. Pendleton submits that the equivalent level of safety established by Section 

61.113(a) and (b) will be maintained because no PIC will be allowed to operate the DJI 

Phantom 1, DJI Inspire 1, 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 1, DJI Inspire 1, 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. 

Considering Christopher D. Pendleton’s proposed area of operations, and the operating 

limitations set forth-above; the parallel nature of private pilot aeronautical knowledge 

requirements to those of commercial pilot requirements (See Exemption No. 11062); and 

the airmanship skills necessary to safely operate the DJI Phantom 1, DJI Inspire 1, DJI 

Phantom 3 UAS , Christopher D. Pendleton submits that the additional manned 

airmanship experience of a commercially certificated pilot would not correlate to the 

airmanship skills necessary for Christopher D. Pendleton’s specific proposed flight 

operations. 

The FAA has previously granted relief from Section 61.113(a) and (b) specific to UAS, in 

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

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

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

Christopher D. Pendleton will not allow any PIC to operate the DJI Phantom 1, DJI Inspire 

1, DJI Phantom 3 UAS unless that PIC has demonstrated, by meeting minimum flight-
29

hour requirements or the DJI Phantom 1, DJI Inspire 1, DJI Phantom 3 UAS training and 

currency requirements, that the PIC is able to safely operate the DJI Phantom 1, DJI 

Inspire 1, 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 (with a minimum of 5 

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

for operations under the exemption). In addition to the hour requirements, the PIC must 

accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes). 

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

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

safety during Christopher D. Pendleton’s proposed operations. The Administrator has held 

that prior documented flight experience that was obtained in compliance with applicable 

regulations would ensure safe operations, stating as follows: 

In Exemption No. 11062, the FAA required that prior to conducting operations for 

the purpose of motion picture filming (or similar operations), the PIC must have 

accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of 

total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS 

pilot with a multi-rotor UAS. Prior to operations under Exemption No. 11062, the 

PIC must also have accumulated and logged a minimum of 5 hours as a UAS pilot 

operating the same make and model of UAS to be used for operations under the 

exemption. For clarification, the FAA considers these minimum hour requirements

to be inclusive rather than additive; i.e. 5 hours make and model time may be 

included in the 10 hours of multi-rotor time and the 10 hours may be included in 

the total 25 hours of UAS rotorcraft time. In addition to the hour requirements, the 

PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for 

currency purposes). The FAA finds that at a minimum, the flight-hour requirements 

in Exemption No. 11062 are appropriate to practice and build proficiency in the 
30

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, Christopher D. Pendleton will ensure safe operations by not allowing any 

PIC to operate the DJI Phantom 1, DJI Inspire 1, 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 1, DJI Inspire 1, 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. 

3. Reasons Why An Exemption From The Requirements Of Section 91.7(a) 

Would Not Adversely Affect Safety. 

The equivalent level of safety established by Section 91.7(a) will be maintained because 

prior to every flight, Christopher D. Pendleton will ensure that the DJI Phantom 1, DJI

Inspire 1, DJI Phantom 3 UAS is in an airworthy condition based upon the UAS’s 

compliance with its operating documents and as stated in the conditions and limitations 

herein. 

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

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

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

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

4. Reasons Why An Exemption From The Requirements Of Section 91.121 

Would Not Adversely Affect Safety. 
31

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

the altitude information of the DJI Inspire 1, DJI Phantom 3 UAS will be provided to the 

PIC via GPS equipment and a radio communications telemetry data link, which downlinks 

from the UA to the GCS for active monitoring of the flight path and altitude. This altitude 

information, combined with Christopher D. Pendleton’s operation of the DJI Inspire 1, 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. The altitude information will be generated by GPS 

equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiation point 

is automatically established by the UASs at ground level. 

The FAA has previously granted relief from Section 91.121 specific to UAS, in 

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

Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 

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

5. Reasons Why An Exemption From The Requirements Of Section 

91.151(b) Would Not Adversely Affect Safety. 

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

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

1, DJI Inspire 1, DJI Phantom 3 UAS ; (2) the limitations on the proposed flight 

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

D. Pendleton will ensure that it will safely operate the battery powered DJI Phantom 1, DJI 

Inspire 1, DJI Phantom 3 UAS UA during daylight hours in VFR conditions, with enough 

battery power to fly for a total duration of 13.5 minutes to the first point of intended 

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

Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom 1, DJI 

Inspire 1, DJI Phantom 3 UAS ; the limitations on the proposed flight operations; and the 

location of the proposed operations, will ensure an equivalent level of safety established by 

14 C.F.R. Section 91.151(b). Furthermore, safety will be ensured as the DJI Phantom 1, 
32

DJI Inspire 1, DJI Phantom 3 UAS provide audible and visual warnings to the PIC at the 

GCS when the UAs experiences low battery voltage, the first warning occurring at 

approximately 33% remaining battery power, and again at approximately 10% remaining 

battery power. At the critically low battery level, the DJI Phantom 1, DJI Inspire 1, DJI 

Phantom 3 UAS will descend and land automatically. 

Significantly, previous exemptions granted by the FAA concerning Section 91.151 

establish that safety is not adversely affected when the technical characteristics and 

operating limitations of the UAS are considered. Relief has been granted for manned 

aircraft to operate at less than the minimums prescribed in Section 91.151, including 

Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted relief 

from Section 91.151 specific to UAS, in circumstances similar, in all material respects, to 

those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063, 

11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 

11157, 11158, 11159, 11160, 11161). 

6. Reasons Why An Exemption From The Requirements Of Sections 

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would 

Not Adversely Affect Safety. 

In seeking this exemption, Christopher D. Pendleton submits that the equivalent level of

safety with regard to the regulatory maintenance and alteration requirements established by 

Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met 

because Christopher D. Pendleton will use trained 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 1, DJI Inspire 1, DJI Phantom 3 UAS Instruction Manual). Furthermore, 

Christopher D. Pendleton will document and maintain all maintenance records for the DJI 

Phantom 1, DJI Inspire 1, DJI Phantom 3 UAS . 
33

Since the DJI Phantom 1, DJI Inspire 1, DJI Phantom 3 UAS will be inspected as 

prescribed by the operating documents, Christopher D. Pendleton will maintain the 

equivalent level of safety established by Sections 91.405(a), 91.409(a)(1), and 

91.409(a)(2). A copy of the DJI Phantom 1, DJI Inspire 1, DJI Phantom 3 UAS User 

Manual is attached hereto as Appendix B; a copy of the DJI Phantom 1, DJI Inspire 1, DJI

Phantom 3 UAS Maintenance LOG is attached hereto as Appendix C. 

Likewise, the exemption sought will not adversely affect safety because Christopher D. 

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

maintenance on the UAS using the methods, techniques, and practices prescribed by the

operating documents. 

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

established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the 

DJI Phantom 1, DJI Inspire 1, DJI Phantom 3 UAS will be performed by trained 

technicians. Maintenance will be documented and maintained utilizing the monthly 

maintenance log. 

Significantly, previous exemptions granted by the FAA concerning Sections 91.405(a), 

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not 

adversely affected when the technical characteristics and operating limitations of the UAS 

are considered. 

In consideration of Christopher D. Pendleton’s proposed operating limitations, the 

operating documents, and the technical aspects of the DJI Phantom 1, DJI Inspire 1, DJI 

Phantom 3 UAS , Christopher D. Pendleton submits that safety will not be adversely 

affected by granting exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and 

(a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has previously granted relief specific 

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

Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 

11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). 
34

7. The FAA May Prescribe Any Other Conditions For Safe Operation. 

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 

(FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, Christopher D. Pendleton 

requests that the FAA prescribe special conditions for the intended operation of the DJI 

Phantom 1, DJI Inspire 1, DJI Phantom 3 UAS , which contain such safety standards that 

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

established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 

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

Such special conditions will permit safe operation of the UAs for the limited purpose of 

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

compensation or hire. FMRA Section 333 sets forth the requirements for considering 

whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a 

threat to national security; and further, provides the authority for such UAS to operate 

without airworthiness certification in accordance with any requirements that must be 

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

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

§ 21.16, for operation of the DJI Phantom 1, DJI Inspire 1, DJI Phantom 3 UAS , since the 

airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate 

safety standards, due to the novel or unusual design features of the aircraft. Section 21.16, 

entitled Special Conditions, states the following: 

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

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

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

propeller, he prescribes special conditions and amendments thereto for the product. 

The special conditions are issued in accordance with Part 11 of this chapter and 

contain such safety standards for the aircraft, aircraft engine or propeller as the 

FAA finds necessary to establish a level of safety equivalent to that established in 

the regulations. 
35

See 14 C.F.R. § 21.16. 

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

prescribe special conditions for Leading Edge’s intended operation of the DJI Phantom 1, 

DJI Inspire 1, DJI Phantom 3 UAS , which contain such safety standards that the 

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

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

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

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

Rules From Which Christopher D. Pendleton Seeks Exemption: 

Christopher D. Pendleton seeks exemption from the requirements of 14 C.F.R 

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

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

A Brief Description Of The Nature Of The Exemption Christopher D. 

Pendleton Seeks: 

This exemption will permit Christopher D. Pendleton to commercially operate an 

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

photography over certain areas of the United States. 

 

G. Any Additional Information, Views, Or Arguments Available To Support 

Christopher D. Pendleton’s 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, Christopher D. Pendleton’s request for

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

Part 11, as set forth above. 
36

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, Christopher D. Pendleton will operate the DJI Phantom 1, 

DJI Inspire 1, DJI Phantom 3 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, Christopher D. Pendleton 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 1, DJI Inspire 1, 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 Christopher D. Pendleton to safely, efficiently, and economically operate the 

DJI Phantom 1, DJI Inspire 1, DJI Phantom 3 UAS commercially within the NAS. 

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

Modernization and Reform Act of 2012, Section 333, Christopher D. Pendleton 

respectfully requests that the Administrator grant this Petition for an exemption from the 

requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 

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

Pendleton to operate the DJI Phantom 1, DJI Inspire 1, DJI Phantom 3 UAS 

commercially for the purpose of conducting aerial video and photography over certain 

areas of the United States. 

Dated: May 15, 2015 
37

 Respectfully submitted, 

 Christopher D. Pendleton 

 

 _________________________ 

 Christopher D. Pendleton 

 6770 W Via Tres Casas 

 Tucson, AZ 85743 

 Tel: (520) 275-1663 

 
38

Appendices: 

A – DJI Phantom 1, DJI Inspire 1, DJI Phantom 3 Specifications Data Sheet 

B – DJI Phantom 1, DJI Inspire 1, DJI Phantom 3 Manufacturer’s User Manual 

C – Monthly Maintenance Log 

APPENDIX – A 

DJI PHANTOM 1, DJI INSPIRE 1, DJI PHANTOM 3 TECHNICAL 

SPECIFICATIONS 

Christopher D. Pendleton only 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) 
39

1. DJI Phantom 1 Specification Sheet 

Parameters Range 

Operating Temperature -10°C ~ 50°C 

Power Consumption 3.12W 

Supported Battery ONLY 3S LiPo 

Take-off Weight <1200g 

Hovering Accuracy (GPS Mode) Vertical: 0.8m. Horizontal: 2.5m 

Max Yaw Angular Velocity 200°/s

Max Tilt Angle 35°

Max Ascent / Descent Speed 6m/s 

Max Flight Velocity 10m/s 

Diagonal distance (motor center to motor center) 350mm 

Weight 

Weight(with Battery)

670g

800g
© 2015 DJI. All Rights Reserved. 57

Appendix

Appendix

Specifications

Aircraft

Model T600

Weight (Battery Included) 2935 g

Hovering Accuracy (P Mode)

Vertical: 0.5 m

Horizontal: 2.5 m

Max Angular Velocity

Pitch: 300°/s

Yaw: 150°/s

Max Tilt Angle 35°

Max Ascent Speed 5 m/s

Max Descent Speed 4 m/s

Max Speed 22 m/s (ATTI mode, no wind)

Max Flight Altitude 4500 m

Max Wind Speed Resistance 10 m/s

Max Flight Time Approximately 18 minutes

Motor Model DJI 3510

Propeller Model DJI 1345

Indoor Hovering Enabled by default

Operating Temperature Range -10° to 40° C

Diagonal Distance 559 to 581 mm

Dimensions 438x451x301 mm

Gimbal

Model ZENMUSE X3

Output Power (With Camera) Static: 9 W; In Motion: 11 W

Operating Current Station: 750 mA; Motion: 900 mA

Angular Vibration Range ±0.03°

Mounting Detachable

Controllable Range

Pitch: -90° to +30°

Pan: ±320°

Mechanical Range

Pitch: -125° to +45°

Pan: ±330°

Max Controllable Speed

Pitch: 120°/s

Pan: 180°/s
58 © 2015 DJI. All Rights Reserved. 

Appendix

INSPIRE 1 User Manual

Camera

Name X3

Model FC350

Total Pixels 12.76M

Effective Pixels 12.4M

Image Max Size 4000x3000

ISO Range 100-3200 (video) 100-1600 (photo)

Electronic Shutter Speed 8 s to 1/8000 s

FOV (Field Of View) 94°

CMOS Sony EXMOR 1/2.3”

Lens

20mm (35mm format equivalent) f/2.8 focus at )

9 Elements in 9 groups

Anti-distortion 

Still Photography Modes

Single shoot

Burst shooting: 3/5/7 frames

Auto Exposure Bracketing (AEB): 3/5 bracketed frames at 

0.7EV Bias

Time-lapse

Video Recording Modes

UHD (4K): 4096x2160p24/25, 3840x2160p24/25/30

FHD: 1920x1080p24/25/30/48/50/60

HD: 1280x720p24/25/30/48/50/60

Max Bitrate Of Video Storage 60 Mbps

Supported File Formats

FAT32/exFAT

Photo: JPEG, DNG

Video: MP4/MOV (MPEG-4 AVC/H.264)

Supported SD Card Types

Micro SD

Max capacity: 64 GB. Class 10 or UHS-1 rating required.

Operating Temperature Range 0° to 40° C

Remote Controller

Name C1

Operating Frequency 922.7MHz~927.7 MHz (Japan Only)

5.725~5.825 GHz;2.400~2.483 GHz

Transmitting Distance 2 km (Outdoor And Unobstructed)

EIRP 10dBm@900m, 13dBm@5.8G, 20dBm@2.4G

Video Output Port USB, Mini-HDMI

Power Supply Built-in battery

Charging DJI charger

Dual User Capability Host-and-Slave connection
© 2015 DJI. All Rights Reserved. 59

Appendix

INSPIRE 1 User Manual

Mobile Device Holder Tablet or Smart Phone

Output Power 9 W

Operating Temperature Range -10° to 40° C

Storage Temperature Range

Less than 3 months: -20° to 45° C

More than 3 months: 22° to 28° C

Charging Temperature Range 0-40° C

Battery 6000 mAh LiPo 2S

Charger

Model A14-100P1A

Voltage 26.3 V

Rated Power 100 W

Battery (Standard)

Name Intelligent Flight Battery

Model TB47

Capacity 4500 mAh

Voltage 22.2 V

Battery Type LiPo 6S High voltage battery

Energy 99.9 Wh

Net Weight 570 g

Operating Temperature Range -10° to 40° C

Storage Temperature Range

Less than 3 months: -20° to 45° C

More than 3 months: 22° C to 28° C

Charging Temperature Range 0° to 40° C

Max Charging Power 180 W

Battery (Optional)

Name Intelligent Flight Battery

Model TB48

Capacity 5700 mAh

Voltage 22.8 V

Battery Type LiPo 6S

Energy 129.96 Wh

Net Weight 670 g

Operating Temperature Range -10 to 40° C

Storage Temperature Range

Less than 3 months: -20 to 45° C

More than 3 months: 22° to 28° C

Charging Temperature Range 0° to 40° C
© 2015 DJI. All Rights Reserved. 53

Appendix

Appendix

Specifications

Aircraft

Weight (Battery & 

Propellers Included) 1280 g

Max. Ascent Speed 5 m/s

Max. Descent Speed 3 m/s

Max. Speed 16 m/s (ATTI mode, no wind)

Max. Flight Altitude 6000 m

Max. Flight Time Approximately 23 minutes

Operating Temperature 0°C to 40°C

GPS Mode GPS/GLONASS

Gimbal 

Controllable Range Pitch: - 90° to + 30°

Vision Positioning

Velocity Range < 8 m/s (2 m above ground)

Altitude Range 30 cm-300 cm

Operating Range 30 cm-300 cm

Operating Environment Brightly lit (lux > 15) patterned surfaces

Camera

Sensor Sony EXMOR 1/2.3” Effective pixels:12.4 M (total pixels: 12.76 M)

Lens FOV 94° 20mm(35mm format equivalent ) f/2.8

ISO Range 100-3200(video) 100-1600(photo)

Electronic Shutter Speed 8s -1/8000s

Image Max. Size 4000 x 3000

Still Photography Modes

Single shot

Burst shooting: 3/5/7 frames

Auto Exposure Bracketing (AEB): 3/5 

Bracketed frames at 0.7EV Bias

Time-lapse

Supported SD Card Types

Micro SD

Max. capacity: 64 GB. Class 10 or UHS-1 rating required

Video Recording Modes FHD:1920x1080p 24/25/30/48/50/60 

HD:1280x720p 24/25/30/48/50/60

Max. Bitrate Of Video 

Storage 40 Mbps

Supported File Formats

FAT32/exFAT

Photo: JPEG, DNG

Video: MP4/MOV (MPEG-4 AVC/H.264)

Operating Temperature 

Range

0°C to 40°C
54 © 2015 DJI. All Rights Reserved. 

Appendix

Phantom 3 Advanced User Manual

Remote Controller 

Operating Frequency 2.400 GHz-2.483 GHz

Transmitting Distance 2000 m (Outdoor And Unobstructed)

Video Output Port USB

Operating Temperature Range 0°C- 40°C

Battery 6000 mAh LiPo 2S

Mobile Device Holder Tablets and smartphones 

Transmitter Power(EIRP) FCC: 20 dbm; CE:16 dbm

Working Voltage 1.2 A @7.4 V

Charger

Voltage 17.4 V

Rated Power 57 W 

Intelligent Flight Battery ( PH3-4480 mAh-15.2 V )

Capacity 4480 mAh

Voltage 15.2 V

Battery Type LiPo 4S

Energy 68 Wh

Net Weight 365 g

Operating Temperature -10°C- 40°C

Max. Charging Power 100 W

Aircraft Status Indicator Description

Normal

 Red, Green and Yellow Flash 

Alternatively Turning on and Self-Diagnostics

 Green and Yellow Flash Alternatively Aircraft Warming Up

 Green Flashes Slowly Safe to Fly (P-mode with GPS and Vision Positioning)

X2 Green Flashes Twice Safe to Fly (P-mode with Vision Positioning but without GPS)

 Yellow Flashes Slowly Safe to Fly (A-mode but No GPS and Vision Positioning)

Warning

 Fast Yellow Flashing Remote Controller Signal Lost

 Slow Red Flashing Low Battery Warning

 Fast Red Flashing Critical Battery Warning

 Red Flashing Alternatively IMU Error 

— Solid Red Critical Error 

 Red and Yellow Flash Alternatively Compass Calibration Required
40

APPENDIX – B 

DJI Phantom 1, DJI Inspire 1, DJI Phantom 3 User Manuals 

Links are provided due to file size 

DJI Phantom 1

http://download.dji-innovations.com/downloads/phantom/en/PHANTOM_Quick_Start_Manual_v1.7_en.pdf 

DJI Inspire 1

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

DJI Phantom 3

http://download.dji-innovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual_v1.0_en.pdf 
41

APPENDIX – C 

Monthly Maintenance Log Month: 

Year:

UA #

Date 

Discovered

Date 

Addressed

Description / Maintenance 

Completed

Completed By: Print & 

Sign

Software/Firmware

Airframe

Engines

Propellers

Camera Gimbal

Landing Gear

Other: