1

August 6, 15

Attn:

U. S. Department of Transportation Docket Operations 

West Building Ground Floor, Room w12-140 

1200 New Jersey Ave, SE Washington, DC 20590

RE: DRONE MEDIA PUERTO RICO (“DMPR”) 

REQUEST FOR AN EXEMPTION 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 

THE COMMERCIAL OPERATION OF “DJI PHANTOM 2 VISION+ AND PHANTOM 3” 

UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF THE FAA 

MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112-95)

Ricardo Vázquez

President 

Drone Media Puerto Rico

PO Box 1839

Guaynabo, PR 00970-1839
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TABLE OF CONTENTS

Page 

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

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

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

BACKGROUND................................................................................................................5

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

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

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH DMPR SEEKS EXEMPTION..........7

THE EXTENT OF RELIEF DRONE MEDIA PUERTO RICO SEEKS AND THE REASON THE

DMPR SEEKS THE RELIEF...............................................................................................10

THE REASONS WHY GRANTING DRONE MEDIA PUERTO RICO’S REQUEST WOULD BE 

IN THE PUBLIC INTEREST ...............................................................................................13

THE REASONS WHY GRANTING THE EXEMPTION TO DRONE MEDIA PUERTO RICO 

WOULD NOT ADVERSELY AFFECT SAFETY....................................................................22

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER..............................28

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT 

DRONE MEDIA PUERTO RICO REQUEST...................................................................28

CONCLUSION................................................................................................................29

APPENDIX....................................................................................................30
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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

DMPR Drone Media Puerto Rico

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
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SUMMARY

Drone Media Puerto Rico, hereafter referred to as “DMPR”, 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 (DJI Phantom 2 Vision+ and Phantom 3) pursuant to 

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

exemption will permit DMPR to operate an Unmanned Aircraft System (UAS) for 

the commercial purpose of conducting aerial surveying, photography and 

videos of quarries, construction sites, civil landscapes, residential and 

commercial real estate, in the Puerto Rico territory. 

INTRODUCTION AND INTERESTS OF THE PETITIONER

DMPR founder Ricardo Vazquez and his partner, Guillermo Ortiz have over 10 

years of experience in the quarry, mining and construction and demolition 

waste recycling industry. Mr. Vazquez, the President of Decont and Board

Member of the Association of General Contractors of America – Puerto Rico 

Chapter, has vast experience and knowledge in video and multimedia 

marketing and advertising of commercial and residential developments. Mr. 

Ortiz, an architect and certified helicopter student pilot, is the vice president of 

Empresas Ortiz Brunet, Inc., an aggregate mining business that has 4 active sites 

in operation. The primary objective of DMPR to obtain an FAA authorization for 

the commercial use of the Unmanned Aircraft System (DJI Phantom 2 Vision+ 

and Phantom 3) in aerial operations is to provide a more affordable and up to 

date survey of the quarries, inventory and the land movement logistics. Aside of 

the private use of the aerial operations in the logistics of the mining business, 

DMPR will provide a high-quality production system for a variety of private, 

governmental, commercial, public, and residential uses, specifically targeting:

• Construction sites before and after

• Appraisals

• Real-estate marketing

• Economic development

• Civic landmarks

• Private and governmental training 

• Governmental monitoring of coasts, forest, caves and other natural 

resources of Puerto Rico. 

Mr. Vazquez and Mr. Ortiz have safely flown small RC electric quadcopters 

recreationally for approximately 2 years without incident.
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BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 2 Vision+ and Phantom 3, UAS

DMPR seeks an exemption to operate DJI Phantom 2 Vision+ and Phantom 3

system for compensation or hire within the NAS. The DJI Phantom 2 Vision+ and 

Phantom 3 is vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a 

Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. 

The DJI Phantom 2 Vision+ and Phantom 3 has a maximum gross weight of 

approximately 2.8 lb. while having a diagonal dimension of 23.2”, a maximum 

speed of approximately 16.4’fps and a maximum flying height of 400'. The DJI 

Phantom 2 Vision+ and Phantom 3 is equipped with four main rotors; driven by 

Lithium Polymer battery powered electric motors. 

The DJI Phantom 2 Vision+ and Phantom 3 that will be operated by DMPR 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, DMPR, 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 2 Vision+ 

and 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, DMPR operation of DJI 

Phantom 2 Vision+ and 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, DMPR 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. 

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

safety will be ensured. DMPR 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 
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(i.e., Monthly Maintenance Log, and DJI Phantom 2 Vision+ and Phantom 3

Instruction Manual). Furthermore, DMPR will document and maintain all 

maintenance records and flight logs for the DJI Phantom 2 Vision+ and Phantom 

3 UAS. 

Although DMPR has a partner that is a certified student pilot, relief from certain 

requirements of Section 61.113(a) and (b), entitled Private pilot privileges and 

limitations: Pilot in command, is requested by DMPR 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 hours and currency requirements, that the PIC is able to 

safely operate the DJI Phantom UAS in a manner consistent with this exemption, 

including evasive and emergency maneuvers and maintaining appropriate 

distances from people, vessels, vehicles and structures. 

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

because the DJI Phantom 2 Vision+ and Phantom 3 UAS do not require an 

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

DMPR submits that they will ensure that the DJI Phantom 2 Vision+ and Phantom 

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

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

Log, and DJI Phantom 2 Vision+ and Phantom 3 Instruction Manual), and that 

the aircraft are in a condition for safe flight. 

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

Altimeter Settings, as the DJI Phantom 2 Vision+ and Phantom 3 UAS will not 

have a typical barometric altimeter onboard. However, altitude information of 

the DJI Phantom 2 Vision+ and Phantom 3 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 DMPR operation of the DJI 

Phantom 2 Vision+ and 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, DMPR seeks an exemption from the requirements of Section 

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

that safety will not be affected by operation of the DJI Phantom 2 Vision+ and 

Phantom 3 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 23 minutes. Battery power indicators are also able to 

show exactly how much battery power is left, as well as how much time is 

needed to return safely back to point of take off.
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In accordance with 14 C.F.R. § 11.81, The DMPR provides the following 

information in support of its petition for exemption: (Appendix D, E, F, G & H)

B. The Specific Sections Of 14 C.F.R. From Which DMPR Seeks Exemption. 

1. DMPR Seeks Exemption From The Requirements Of Section 61.113(a) And (b). 

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. DMPR 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. DMPR 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; 

(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 
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(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. DMPR 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. DMPR 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. DMPR 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 § 43.7 of this chapter[.] 

7. DMPR 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 --
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(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. DMPR 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. 
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(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. 

(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 DMPR Seeks And The Reason DMPR Seeks The Relief. 

1. Extent Of Relief DMPR Seeks And The Reason DMPR 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. 

As set forth more fully below, DMPR submits that an equivalent level of safety will 

be maintained because no PIC will be allowed to operate the DJI Phantom 2 
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Vision+ and Phantom 3 unless that PIC has met certain flight-hour and currency 

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

Phantom 2 Vision+ and 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, DMPR submits that all flights of the DJI Phantom 2 Vision+ and Phantom 

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

incidental to DMPR business; and (2) will not carry passengers or property for 

compensation or hire. 

2. Extent Of Relief DMPR Seeks And The Reason DMPR 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 DMPR to determine that the DJI Phantom 2 Vision+ and 

Phantom 3 UAS are in airworthy condition prior to every flight by ensuring that 

the UAS is in compliance with the operating documents (i.e., the DMPR Aerial 

Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 Vision+ and 

Phantom 3 Instruction Manual). 

DMPR seeks the requested relief because the DJI Phantom 2 Vision+ and 

Phantom 3 UAS do not require an airworthiness certificate in accordance with 

14 C.F.R. Part 21, Subpart H. Therefore, DMPR will ensure that the DJI Phantom 2 

Vision+ and Phantom 3 UAS are in airworthy condition based upon its 

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

DJI Phantom 2 Vision+ and Phantom 3) prior to every flight, and further, 

determine that the aircraft are in condition for safe flight, as stated in the 

conditions and limitations below.

3. Extent Of Relief DMPR Seeks And The Reason DMPR 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 2 Vision+ and Phantom 3, 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), DMPR seeks the requested relief because the 

DJI Phantom 2 Vision+ and Phantom 3 UA’s altimeter may be set on the ground 
12

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 2 Vision+ 

and Phantom 3 UAS are equipped with a barometric pressure sensor and GPS 

equipment, which automatically ensures that a ground level pressure setting will 

be established prior to each flight, and provides the PIC with altitude information 

of the UA on the heads-up display of the GCS. 

4. Extent Of Relief DMPR Seeks And The Reason DMPR 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 2 Vision+ and Phantom 3 UAS during daylight hours in 

visual meteorological conditions (VMC), under visual flight rules (VFR), for a total 

duration of 23 minutes. DMPR seeks the requested relief because without an 

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

powered DJI Phantom 2 Vision+ and Phantom 3 UAS will severely constrain the 

practicality of any aerial video or still photo flight operations that DMPR proposes 

to conduct pursuant to this Petition. 

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

2 Vision+ and Phantom 3 UAS, the DJI Phantom 2 Vision+ and Phantom 3

operating documents, and DMPR’s proposed operating limitations, ensure that 

DMPR will safely operate the battery powered DJI Phantom 2 Vision+ and 

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 23 minutes.

5. Extent Of Relief DMPR Seeks And The Reason DMPR 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, DMPR requests relief from 

these Sections because the DJI Phantom 2 Vision+ and Phantom 3 UAS do not 

require airworthiness certificates. As set forth more fully below, the DJI Phantom 2 

Vision+ and Phantom 3 UAS meet the conditions of FMRA Section 333 for 

operation without an airworthiness certificate. Accordingly, DMPR will use 

trained technicians to perform maintenance, alterations, or preventive 
13

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

prescribed in the UAS operating documents (i.e., the DMPR Aerial Operations 

Manual, Monthly Maintenance Log, and DJI Phantom 2 Vision+ and Phantom 3

Instruction Manual). Furthermore, DMPR will document and maintain all 

maintenance records for the DJI Phantom 2 Vision+ and Phantom 3 UAS. 

D. The Reasons Why Granting DMPR 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 DMPR to 

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

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

Puerto Rico. 

Additionally, use of DJI Phantom 2 Vision+ and Phantom 3 UAS will decrease 

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

economy. Notably, the benefits of DMPR’s proposed operation of the DJI 

Phantom 2 Vision+ and 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 2 Vision+ and Phantom 3 UAS are battery powered and serve 

as a safe, efficient, and economical alternative to the manned aircraft 

traditionally utilized to obtain aerial imagery. By reducing the amount of 

manned aircraft needed to perform aerial acquisitions, an exemption allowing 

the use of a DJI Phantom 2 Vision+ and 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 2 Vision+ and Phantom 3 UAS do 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 2 

Vision+ and Phantom 3 UAS. 

Conducting aerial acquisitions with the DJI Phantom 2 Vision+ and Phantom 3

UAS, instead of manned aircraft, will greatly benefit the public by drastically 
14

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 2 Vision+ and Phantom 3 UAS produce no air 

pollution, and is the most viable environmentally conscious alternative to the 

cabin class, six cylinder internal combustion engine aircraft that are typically 

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

gallons per hour of leaded aviation fuel. The DJI Phantom 2 Vision+ and 

Phantom 3 UAS, 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 2 Vision+ and 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, DJI Phantom 2 Vision+ and 

Phantom 3 UAS (weighing approximately 2.8 pounds at their maximum gross 

weight with diagonal dimension of 23.2 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 2 

Vision+ and Phantom 3 UAS Will Benefit The Economy. 

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

economical alternative to using manned aircraft to conduct similar aerial 

operations. As such, operation of the DJI Phantom 2 Vision+ and Phantom 3 UAS

will allow Puerto Rico based companies, like DMPR, 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 2 Vision+ and 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 2 Vision+ and Phantom 3 UAS, companies such as 

DMPR, can remain competitive and profitable, and therefore, provide greater 

job stability to employees and contractors, which will ultimately contribute to 
15

growth of the U.S. economy. Improved financial performance of U.S. 

companies, through commercial use of the DJI Phantom 2 Vision+ and 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 Puerto Rico

and abroad. 

4. There Are No Privacy Issues. 

Similar to the manned aerial acquisition flight operations that have been 

conducted for decades, DMPR’s proposed operation of the DJI Phantom 2 

Vision+ and Phantom 3 UAS will not implicate any privacy issues, since it will be 

used mainly for privately owned quarries that are located at a considerable 

distance from residential airspace. Specifically, the DJI Phantom 2 Vision+ and 

Phantom 3 UAS will be operated only in compliance with operating documents 

(i.e., DMPR Aerial Operations Manual, Monthly Maintenance Log, and DJI 

Phantom 2 Vision+ and Phantom 3 Instruction Manual) which requires property 

owner involvement as well as local law enforcement notification, and in 

accordance with the Federal Aviation Regulations, including the minimum 

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

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 DMPR Seeks Exemption. 

1. Reasons Why The DJI Phantom 2 Vision+ and Phantom 3 UAS Meet 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, DMPR’s operation of 

the DJI Phantom 2 Vision+ and Phantom 3 UAS meet 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 
16

before completion of the plan and rulemaking required by section 332 

of this Act or the guidance required by section 334 of this Act. 

(b) Assessment of Unmanned Aircraft Systems.--In making the 

determination under subsection (a), the Secretary shall determine, at a 

minimum--

(1) which types of unmanned aircraft systems, if any, as a result 

of their size, weight, speed, operational capability, proximity to 

airports and populated areas, and operation within visual line of 

sight do not create a hazard to users of the national airspace 

system or the public or pose a threat to national security; and

(2) whether a certificate of waiver, certificate of authorization, or 

airworthiness certification under section 44704 of title 49, United 

States Code, is required for the operation of unmanned aircraft 

systems identified under paragraph (1). 

(c) Requirements for Safe Operation.--If the Secretary determines 

under this section that certain unmanned aircraft systems may operate 

safely in the national airspace system, the Secretary shall establish 

requirements for the safe operation of such aircraft systems in the 

national airspace system. 

In seeking this exemption, DMPR submits that the DJI Phantom 2 Vision+ and 

Phantom 3 UAS can operate safely in the NAS pursuant to FMRA Section 333, as 

demonstrated by: (a) the characteristics of the DJI Phantom 2 Vision+ and 

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

operating limitations. 

a. The Specifications Of The DJI Phantom 2 Vision+ and Phantom 3 UAS

Demonstrate Its Safe Characteristics.

The DJI Phantom 2 Vision+ and 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 2 Vision+ and Phantom 3 UAS. 

The technical specifications of the DJI Phantom 2 Vision+ and Phantom 3 UAS

are set forth by the DJI Phantom 3 User Manual, attached hereto as Appendix A 

and B.

ii. The DJI Phantom 2 Vision+ and Phantom 3 UAS Global Positioning Modes 

Enable The UAS To Remain Within A Defined Operational Area. 
17

The DJI Phantom 2 Vision+ and Phantom 3 UAS may be operated in both 

manual and global positioning flight modes. A complete description of the flight 

and navigational modes of the DJI Phantom 2 Vision+ and Phantom 3 UAS is 

provided at pages 11 of the DJI Phantom 2 Vision+ and Phantom 3 User Manual

attached hereto as Appendix A and B.

iii. The DJI Phantom 2 Vision+ and Phantom 3 UAS Are Designed For 

Automatic Return To Home Point Or Hover In The Event Of Loss Of The 

Control Link Or Navigation. 

When the Control Link is lost, the DJI Phantom 2 Vision+ and Phantom 3 UAS will 

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

Phantom 2 Vision+ and Phantom 3 UAS does not reacquire control link data 

from the GCS, the UAS will assume that the Control Link is lost and the 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 2 Vision+ 

and Phantom 3 UAS are set forth at pages 12 through 14 of the DJI Phantom 2 

Vision+ and Phantom 3 User Manual, attached hereto as Appendix A and B.

iv. The DJI Phantom 2 Vision+ and Phantom 3 GCS And Its Operation.

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

2 Vision+ and Phantom 3 GCS and flight control software is provided at pages 

23 through 29 of the DJI Phantom 2 Vision+ and Phantom 3 User Manual. DJI 

Phantom 2 Vision+ and Phantom 3 User Manual is attached hereto as Appendix 

A and B.

b. Flight Operations Of DJI Phantom 2 Vision+ and Phantom 3 UAS Is Limited To 

The Line Of Sight Of A Certificated Pilot in Command With A Safety Observer. 

DMPR video production staff will be the only persons to act as a pilot in 

command (PIC) of the DJI Phantom 2 Vision+ and Phantom 3 UAS. Additionally, 

a safety observer will assist him at all times during flight time. 

c. Flights Of DJI Phantom 2 Vision+ and Phantom 3 UAS Will Be Conducted 

Pursuant To Specific Operating Limitations. 

In seeking this exemption, DMPR proposes to commercially operate DJI Phantom 

2 Vision+ and Phantom 3 UAS for the special purpose of conducting aerial video 

and photography over certain areas of Puerto Rico, pursuant to the following 

specific operating limitations.
18

1. Operations authorized by this grant of exemption will be limited to the 

following aircraft described in the operating documents, rotorcraft UAS

weighing less than 55 pounds maximum gross weight: DJI Phantom 2 

Vision+ and Phantom 3 Unmanned Aircraft Systems. 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 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 
19

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 
20

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 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

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. 

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.
22

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 An Exemption From The Requirements Of Section 61.113(a) And 

(b) Would Not Adversely Affect Safety.

DMPR 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 2 Vision+ and 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 2 Vision+ and Phantom 3 UAS 

in a manner consistent with the exemption, including evasive and emergency 
23

maneuvers and maintaining appropriate distances from people, vessels, 

vehicles and structures. 

Considering DMPR’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 2 

Vision+ and Phantom 3 UAS, DMPR submits that the additional manned 

airmanship experience of a commercially certificated pilot would not correlate 

to the airmanship skills necessary for The DMPR’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). 

DMPR will not allow any PIC to operate the DJI Phantom 2 Vision+ and Phantom 

3 UAS unless that PIC has demonstrated, by meeting minimum flight-hour 

requirements or the DJI Phantom 2 Vision+ and Phantom 3 UAS training and 

currency requirements, that the PIC is able to safely operate the DJI Phantom 2 

Vision+ and 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 DMPR’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 
24

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 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 ____. 

Accordingly, DMPR will ensure safe operations by not allowing any PIC to 

operate the DJI Phantom 2 Vision+ and 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 2 Vision+ and 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, DMPR will ensure that the DJI Phantom 2 Vision+ 

and 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, 
25

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.

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

because the altitude information of the DJI Phantom 2 Vision+ and 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 DMPR’s operation of the DJI Phantom 2 Vision+ and Phantom 3 UAS within 

visual line of sight, at or below 500 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 UAS 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 3 UAS; (2) the limitations on the proposed flight operations; and (3) 

the location of the proposed flight operations. Accordingly, DMPR will ensure 

that it will safely operate the battery powered DJI Phantom 2 Vision+ and 

Phantom 3 UAS during daylight hours in VFR conditions, with enough battery 

power to fly for a total duration of 23 minutes. 

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

2 Vision+ and 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 2 Vision+ and 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 2 Vision+ and Phantom 3 UAS will 

descend and land automatically. 
26

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, DMPR 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 DMPR 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., DMPR 

Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 

Vision+ and Phantom 3 Instruction Manual). Furthermore, DMPR will document 

and maintain all maintenance records for the DJI Phantom 2 Vision+ and 

Phantom 3 UAS. 

Since DJI Phantom 2 Vision+ and Phantom 3 UAS will be inspected as prescribed 

by the operating documents, DMPR 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 2 Vision+ and Phantom 3 User Manuals are attached hereto as 

Appendix A and B; a copy of the DJI Phantom 2 Vision+ and Phantom 3 UAS 

Maintenance LOG is attached hereto as (Appendix C).

Likewise, the exemption sought will not adversely affect safety because DMPR 

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 2 Vision+ and Phantom 3 UAS will be 

performed by trained technicians. Maintenance will be documented and 

maintained utilizing the monthly maintenance log. 
27

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 DMPR’s proposed operating limitations, the operating 

documents, and the technical aspects of the DJI Phantom 2 Vision+ and 

Phantom 3 UAS, DMPR 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). 

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, DMPR requests 

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

Phantom 2 Vision+ and 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 Puerto Rico 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 2 Vision+ and 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 
28

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. 

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 2 Vision+ and 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).

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

The Rules From Which DMPR Seeks Exemption: 

DMPR 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 DMPR Seeks: 

This exemption will permit DMPR to commercially operate an Unmanned 

Aircraft System (UAS) for the purpose of conducting aerial surveying,

video and photography over certain areas of Puerto Rico.

• Any Additional Information, Views, Or Arguments Available To 

Support The DMPR’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, DMPR’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. 

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. 
29

As discussed in detail above, DMPR will operate the DJI Phantom 2 Vision+ and 

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, DMPR 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 2 Vision+ and Phantom 3 UAS

commercially, without an airworthiness certificate, for the limited purpose of 

conducting aerial surveying, video and photography over certain areas of 

Puerto Rico. 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 DMPR to safely, 

efficiently, and economically operate the DJI Phantom 2 Vision+ and 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, DMPR 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 Leading 

Edge to operate the DJI Phantom 2 Vision+ and Phantom 3 UAS commercially 

for the purpose of conducting aerial surveying, video and photography over 

certain areas of Puerto Rico.

Dated: August 6, 2015

Respectfully submitted,

Ricardo Vázquez

President 

Drone Media PR

PO Box 1839

Guaynabo, PR 00970-1839
30

Appendix:

A – Link to DJI Phantom 2 Vision+ Manual: Click on link below

http://download.djiinnovations.com/downloads/phantom_2_vision_plus/en/Phantom_2_Vision_Plus_User_Manual_v1.8_en.pdf

B – Link to DJI Phantom 3 Manual: Click on link below

http://download.dji-innovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual_v1.2_en.pdf

C – Flight and Maintenance Log 

D – Profile Ricardo Vázquez Rivera

E – Profile Guillermo Ortiz Vidal

F – Operation Manual

G – Pilot Training

http://download.djiinnovations.com/downloads/phantom_2_vision_plus/en/Phantom_2_Vision_Plus_Pilot_Training_Guide

_v1.1_en.pdf

H – Letter of Recommendation Empresas Ortiz Brunet