UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC 

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: Douglas Via Photography 

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 3 UNMANNED

AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF

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

Submitted on February 1, 2016 

Douglas Via Photography, 5603 Olde Oak Drive Mount Airy, Maryland 21771 

240.409.9398 douglas@picstamatic.com 

Aircraft registration# FA3K3ACLXK

1 

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...............................................................................6 

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH Douglas Via Photography

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

THE EXTENT OF RELIEF DOUGLAS VIA PHOTOGRAPHY SEEKS AND THE REASON DOUGLAS

VIA PHOTOGRAPHY SEEKS THE

RELIEF.....................................................................................................................10 

THE REASONS WHY GRANTING DOUGLAS VIA PHOTOGRAPHY REQUEST WOULD BE IN THE

PUBLIC INTEREST ..............................................13 

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY AFFECT

SAFETY.......................................................................................................16 

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER.................30 ANY

ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT DOUGLAS VIA

'S REQUEST..............................................................30 

CONCLUSION........................................................................................................................31

APPENDICES.......................................................................................................32 

2 

AGL 

AOI ATC ATO AV CFR 

COA 

FAA FAR 
GCS 

GPS LOL 

NAS 

NOTAM 

PIC 

Section 333 333 

SO SOP UA UAS VFR VLOS VMC VTOL 

GLOSSARY OF ABBREVIATIONS 

Above Ground Level

Area of Interest Air Traffic Control Air Traffic Organization Aerial Vehicle Code of Federal Regulations 

Certificate of Authorization Federal Aviation Administration

Federal Aviation Regulation Ground Control Station 

Global Positioning System Loss of Link 

National Airspace System Notice to Airman Pilot In Command FAA Modernization and Reform Act of

2012 (FMRA) Section 

Safety Observer Standard Operating Procedures Unmanned Aircraft Unmanned Aircraft System

Visual Flight Rules Visual Line of Site Visual Meteorological Conditions Vertical Takeoff and Landing 

3 

SUMMARY 

DOUGLAS VIA PHOTOGRAPHY seeks exemption from the requirements of 14 C.F.R §§ 61.113(a) &

(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), to

operate an Unmanned Aircraft System pursuant to Section 333 of the FAA Modernization and Reform

Act of 2012 (FMRA). This exemption will permit DOUGLAS VIA PHOTOGRAPHY to operate an

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

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

INTRODUCTION AND INTERESTS OF THE PETITIONER 

DOUGLAS VIA PHOTOGRAPHY provides his clients with photography and video services of real

estate listings, wedding photo/video, and landscape photography for the purpose of advertising and

promotion. The objective of DOUGLAS VIA PHOTOGRAPHY and his aerial operations is to provide

high quality imaging for a variety of commercial, public, and residential uses, specifically targeting: 

• Real-estate marketing 

• Weddings mostly located at secluded vineyards

BACKGROUND 

Unmanned Aircraft Systems: DJI Phantom 1(decommissioned), DJI Phantom 3 UAS

DOUGLAS VIA PHOTOGRAPHY seeks an exemption to operate DJI systems for

compensation or hire within the NAS. The DJI Phantom 3 is a vertical takeoff and landing

(VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet

or smart phone systems. The DJI Phantom 3 has a maximum gross weight of 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 3UA is equipped with four main rotors;

driven by Lithium Polymer battery powered electric motors. 
4 

BASIS FOR PETITION 

Petitioner, DOUGLAS VIA PHOTOGRAPHY, pursuant to the provisions of the Federal Aviation

Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section

333, Special Rules for Certain Unmanned Aircraft Systems, hereby petitions the Administrator to

commercially operate the DJI Phantom 3 UAS in the National Airspace System (NAS), and for an

exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b),

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

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

aircraft and its operation, DOUGLAS VIA PHOTOGRAPHY operation of DJI Phantom 3 UAS meets

the conditions of FMRA Section 333 and therefore, will not require an airworthiness certificate in

accordance with 14 C.F.R. Part 21, Subpart H. 

Accordingly, DOUGLAS VIA PHOTOGRAPHY requests relief from Sections 91.405(a), 91.407(a)(1),

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

that only apply to aircraft with an airworthiness certificate. 

DOUGLAS VIA PHOTOGRAPHY submits that the requested relief is proper since an equivalent level

of safety will be ensured. DOUGLAS VIA PHOTOGRAPHY 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, DJI Phantom 3 Instruction Manual). Furthermore, DOUGLAS VIA PHOTOGRAPHY will document

and maintain all maintenance records for the DJI Phantom 3 UAS. 

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

limitations: Pilot in command, is requested by DOUGLAS VIA PHOTOGRAPHY 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 3 UAS in a manner

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

appropriate distances from people, vessels, vehicles and structures. 

5 

DOUGLAS VIA PHOTOGRAPHY seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness,

because the DJI Phantom 3 UAS do not require an airworthiness certificate in accordance with 14

C.F.R. Part 21, Subpart H. As such, DOUGLAS VIA PHOTOGRAPHY submits that he will ensure that

the DJI Phantom 3UAS are in an airworthy condition, prior to every flight, by determining that the

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

Phantom 3 Instruction Manual), and that the aircraft are in a condition for safe flight. He will utilize the

preflight instructions provided by DJI to ensure airworthiness checks prior to each flight. 

DOUGLAS VIA PHOTOGRAPHY also seeks an exemption from the requirements of Section 91.121,

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

onboard. However, altitude information of the DJI Phantom 3UAS 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 DOUGLAS VIA PHOTOGRAPHY operation of the DJI Phantom 3 UAS within visual

line of sight, at or below 200 feet AGL, will ensure a level of safety equivalent to Section 91.121. 

Additionally, DOUGLAS VIA PHOTOGRAPHY seeks an exemption from the requirements of Section

91.151(b), entitled Fuel requirements for flight in VFR conditions. DOUGLAS VIA PHOTOGRAPHY

submits that safety will not be affected by operation of the DJI Phantom 3 UAS during daylight hours in

visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to

fly for a total duration of approximately 25 minutes, however always execute proper and safe landing
procedure when battery level reaches 20 percent, approximately 6 minutes remaining.

In accordance with 14 C.F.R. § 11.81, DOUGLAS VIA PHOTOGRAPHY provides the following

information in support of its petition for exemption:

A. Name And Address Of The Petitioner. 

The name and address of the Petitioner and point of contact is: 

DOUGLAS VIA PHOTOGRAPHY, Doulgas Via, 5603 Olde oak Drive, Mount Airy, Maryland. 21771 

douglas@picstamatic.com 

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B. The Specific Sections Of 14 C.F.R. From Which DOUGLAS VIA PHOTOGRAPHY Seeks

Exemption. 1. DOUGLAS VIA PHOTOGRAPHY 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. DOUGLAS VIA PHOTOGRAPHY Seeks Exemption From The Requirements Of Section 91.7(a). 

Section 91.7, entitled Civil aircraft airworthiness, subsection (a), 

states the following: (a) No person may operate a civil aircraft unless it is in an airworthy condition. 

3. DOUGLAS VIA PHOTOGRAPHY Seeks Exemption From The Requirements Of Section 91.121. 

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

(a) Each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft,

as the case may be, by reference to an altimeter that is set, when operating-- 

(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 

7 

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. DOUGLAS VIA PHOTOGRAPHY Seeks Exemption From The Requirements Of Section 91.151(b). 

Section 91.151, entitled Fuel requirements for flight in VFR conditions, subsection 

(b), states the following: 
(b) No person may begin a flight in a rotorcraft under VFR conditions unless (considering wind and

forecast weather conditions) there is enough fuel to fly to the first point of intended landing and,

assuming normal cruising speed, to fly after that for at least 20 minutes. 

5. DOUGLAS VIA PHOTOGRAPHY Seeks Exemption From The Requirement Of Section 91.405(a). 

Section 91.405, entitled Maintenance required, subsection (a), states the following: Each owner or

operator of an aircraft— 

(a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall between required

inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as

prescribed in part 43 of this chapter[.] 

6. DOUGLAS VIA PHOTOGRAPHY Seeks Exemption From The Requirements Of Section 91.407(a)

(1) 

Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, or

alteration, subsection (a)(1), states the following: 

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

rebuilding, or alteration unless-- 

(1) It has been approved for return to service by a person authorized under § 43.7 of this chapter[.] 

8 

7. DOUGLAS VIA PHOTOGRAPHY Seeks Exemption From The Requirements Of Sections 91.409(a)

(1) And 91.409(a)(2). 

Section 91.409, entitled Inspections, subsection (a), states the following: 

(a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless,

within the preceding 12 calendar months, it has had -- 

(1) An annual inspection in accordance with part 43 of this chapter and has been approved for return

to service by a person authorized by § 43.7 of this chapter; or 

(2)An inspection for the issuance of an airworthiness 

certificate in accordance with part 21 of this chapter. 

8. DOUGLAS VIA PHOTOGRAPHY Seeks Exemption From The Requirements Of Sections 91.417(a)

And 91.417(b). 

Section 91.417, entitled Maintenance records, subsections (a) and (b), state the following: 

(a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner or

operator shall keep the following records for the periods specified in paragraph (b) of this section: 

(1) Records of the maintenance, preventive maintenance, and alteration and records of the 100-hour,

annual, progressive, and other required or approved inspections, as appropriate, for each aircraft

(including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records

must include-- 

(i)A description (or reference to data acceptable to the 

Administrator) of the work performed; and (ii) The date of completion of the work performed; and 

(iii)The signature, and certificate number of the person 

approving the aircraft for return to service. (2) Records containing the following information: 

(i) The total time in service of the airframe, each engine, each propeller, and each rotor. 

(ii) The current status of life-limited parts of each airframe, engine, propeller, rotor, and appliance. 
9 

(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. 

(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 DOUGLAS VIA PHOTOGRAPHY Seeks And The Reason DOUGLAS VIA

PHOTOGRAPHY Seeks The Relief. 

1. Extent Of Relief DOUGLAS VIA PHOTOGRAPHY Seeks And The Reason DOUGLAS VIA

PHOTOGRAPHY Seeks Relief From Section 61.113(a) And (b). 

Relief from Section 61.113(a) and (b) entitled Private pilot privileges and 10 

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, DOUGLAS VIA PHOTOGRAPHY submits that an equivalent level of

safety will be maintained because no PIC will be allowed to operate the 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 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, DOUGLAS VIA PHOTOGRAPHY submits that all flights of the DJI Phantom 3 UAS,

conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to DOUGLAS VIA

PHOTOGRAPHY business; and (2) will not carry passengers or property for compensation or hire. 

2. Extent Of Relief DOUGLAS VIA PHOTOGRAPHY Seeks And The Reason DOUGLAS VIA

PHOTOGRAPHY Seeks Relief From Section 91.7(a). 

Relief from Section 91.7(a) entitled Civil aircraft airworthiness, is requested to the extent required to

allow DOUGLAS VIA PHOTOGRAPHY to determine that the DJI 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 DJI Phantom 3 Instruction Manual). 

DOUGLAS VIA PHOTOGRAPHY seeks the requested relief because the DJI Phantom 3 UAS does

not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore,

DOUGLAS VIA PHOTOGRAPHY will ensure that the DJI Phantom 3 UAS is in airworthy condition

based upon its compliance with the operating 

11 

documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual) 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 DOUGLAS VIA PHOTOGRAPHY Seeks And The Reason DOUGLAS VIA

PHOTOGRAPHY Seeks Relief From Section 91.121. 

Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight operations of the

DJI Phantom 3 UAS, which 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), DOUGLAS VIA

PHOTOGRAPHY seeks the requested relief because the 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 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 DOUGLAS VIA PHOTOGRAPHY Seeks And The Reason DOUGLAS VIA

PHOTOGRAPHY Seeks Relief From Section 91.151(b). 

Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is requested to

the extent required to allow flights of the battery powered DJI Phantom 3 UAS during daylight hours in

visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 25

minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for

at least 6 minutes. DOUGLAS VIA PHOTOGRAPHY seeks the requested relief because without an

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

12 

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

operations that DOUGLAS VIA PHOTOGRAPHY proposes to conduct pursuant to this Petition.

Significantly, as set forth below, the technical specifications of the DJI Phantom 3 UAS, the DJI

Phantom 3 operating documents, and DOUGLAS VIA PHOTOGRAPHY proposed operating

limitations, ensure that DOUGLAS VIA PHOTOGRAPHY will safely operate the battery powered DJI

Phantom 3 UAS during daylight hours in visual meteorological conditions (VMC), under visual flight

rules (VFR), with enough battery power to fly for a total duration of 25 minutes to the first point of

intended landing and, assuming normal cruising speed, to fly after that for at least 6 minutes. 

5. Extent Of Relief DOUGLAS VIA PHOTOGRAPHY Seeks And The Reason DOUGLAS VIA

PHOTOGRAPHY Seeks Relief From Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And

91.417(a) & (b). 

Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only apply to
aircraft with an airworthiness certificate, DOUGLAS VIA PHOTOGRAPHY requests relief from these

Sections because the DJI Phantom 3 UAS does not require airworthiness certificates. As set forth

more fully below, the DJI Phantom 3 UAS meet the conditions of FMRA Section 333 for operation

without an airworthiness certificate. Accordingly, DOUGLAS VIA PHOTOGRAPHY will use trained

technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the

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

Maintenance Log, and DJI Phantom 3 Instruction Manual). Furthermore, will document and maintain

all maintenance records for the DJI Phantom 3 UAS. 

D. The Reasons Why Granting DOUGLAS VIA PHOTOGRAPHY 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 DOUGLAS VIA

PHOTOGRAPHY to safely, efficiently, and economically perform aerial video and photography of real

estate, wedding video and landscape over certain areas in the state of Maryland in 

13 

the United States. 

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

and provide significant benefits to the economy. Notably, the benefits of DOUGLAS VIA

PHOTOGRAPHY proposed operation of the DJI Phantom 3 UAS will be realized without implicating

any privacy issues. 

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

The DJI Phantom 3 UAS is battery powered and serve as a safe, efficient, and economical alternative

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

aircraft needed to perform aerial acquisitions, an exemption allowing the use of a DJI Phantom 3 UAS

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

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

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

airports caused by arriving and departing aircraft will be reduced. The DJI Phantom 3 UAS does not

require an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial video

and photography missions would result in fewer aircraft that must be handled by air traffic control

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

2. The Public Will Benefit From The Safety And Efficiency Of The DJI Phantom 3 UAS. Conducting

aerial acquisitions with the DJI Phantom 3 UAS, instead of manned aircraft, will greatly benefit the

public by drastically reducing the levels of air 

and noise pollution generated during traditional aerial video and still photography flight operations. By

using battery power and electric motors, the DJI Phantom 3 UAS produces no air pollution, and is the

most viable environmentally conscious alternative to the cabin class, six cylinder internal combustion

engine aircraft that are typically utilized for aerial video and photography, while burning approximately

20-30 gallons per hour of leaded aviation fuel. The DJI Phantom 3 UAS, while reducing the carbon

footprint of aerial acquisitions, also eliminates noise pollution, as the UAS is propelled by battery

powered electric motors, rather than an internal combustion engine. 

By using the DJI Phantom 3 UAS to perform aerial 

14 

acquisitions, the substantial risk to life and property in the air and on the ground, which is usually

associated with traditional manned aircraft flight operations, will be substantially reduced or completely

eliminated. Aside from the lack of flight crew members located onboard the aircraft, the DJI Phantom 3

UAS (weighing approximately 6 pounds 7.5 ounces respectively, at maximum gross weight with length

of 17.3 inches respectively, widths of 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 3 UAS Will Benefit

The Economy. 

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

using manned aircraft to conduct similar aerial operations. As such, operation of the DJI Phantom 3

UAS will allow United States based companies, like DOUGLAS VIA PHOTOGRAPHY, to remain

competitive and contribute to growth of the U.S. economy. Specifically, with the rising cost of aviation

fuel and the Environmental Protection Agency (“EPA”) regulatory actions phasing out leaded aviation

fuels, U.S. owned and operated companies must adopt new and alternative technology in order to

remain competitive. Operating the battery powered DJI Phantom 3 UAS is one such technology that

not only allows companies greater operational flexibility compared to manned aircraft, but provides

such flexibility without the high operational cost of a traditional manned aircraft. 

By operating the DJI Phantom 3 UAS, companies such as DOUGLAS VIA PHOTOGRAPHY, can

remain competitive and profitable, and therefore, provide greater job stability to employees and

contractors, which will ultimately contribute to growth of the U.S. economy. Improved financial

performance of U.S. companies, through commercial use of the DJI Phantom 3 UAS, provides a

stable workforce that increases consumer spending; improves local, state, and federal tax revenues;

and allows companies to invest in research and development in order to remain competitive both in

the United States and abroad. 

4. There Are No Privacy Issues. 

Similar to the manned aerial acquisition flight operations that have been conducted for many years,

DOUGLAS VIA PHOTOGRAPHY proposed operation of the DJI Phantom 3 UAS will not implicate any

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

15 

operating documents (i.e., the DJI Phantom 3 Instruction Manual) which requires property owner

involvement and permission to videotape/photograph 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 DOUGLAS VIA PHOTOGRAPHY Seeks Exemption. 

1. Reasons why the DJI 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, DOUGLAS VIA PHOTOGRAPHY

operation of the DJI 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.--Not withstanding 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 rule making 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 

16 

(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, DOUGLAS VIA PHOTOGRAPHY submits that the DJI Phantom 3 UAS can

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

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

limitations. 

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

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

threat to national security considering its size, weight, speed, and operational capability. 

i. Technical Specifications Of The DJI Phantom 3 UAS. 

The technical specifications of the DJI Phantom 3 UAS are set forth by the DJI Phantom 3 User

Manuals, attached hereto as Appendix A and B. 

ii. The DJI Phantom 3 UAS Autonomous Flight And Navigation Modes Enables The UAS To Remain

Within A Defined Operational Area. 

The DJI Phantom 3 UAS may be operated in both manual and fully autonomous flight modes. A

complete description of the flight and 

17 

navigational modes of the DJI Phantom 3 UAS is provided at pages 12-16 and 45-50 of the DJI

Phantom 3 User Manual, attached hereto as Appendix A. 

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

Of Loss Of The Control Link Or Navigation. 

When the Control Link is lost, the DJI Phantom 3 UA will remain stationary, in flight, for 3 seconds or

more. If, after 3 seconds, the DJI Phantom 3 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 DJI Phantom 3 at pages 13

through 15 of the DJI Phantom 3 User Manual, attached hereto as Appendix A. 

iv. The DJI Phantom 3 GCS And Its Operation. 

A complete description of the operation and specifications of the DJI Phantom 3 GCS and flight control

software is provided at pages 40 through 47 of the DJI Phantom 3 User Manual. DJI Phantom 3 User

Manual is attached hereto as Appendix A. 

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

Command With A Safety Observer. DOUGLAS VIA will be the only person to act as a pilot in
command (PIC) of the DJI Phantom 3 UAS. Additionally, a safety observer will assist in flights. 

c. Flights of DJI Phantom 3 UAS Will Be 

Conducted Pursuant To Specific Operating Limitations. 

In seeking this exemption, DOUGLAS VIA PHOTOGRAPHY proposes to commercially operate DJI

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

of 

18 

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 UAS weighing less than 55 pounds maximum gross weight: DJI

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 UAS 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 

19 

operating documents. 

8. The SO must not perform any other duties beyond assisting the PIC with seeing and avoiding other

air traffic and other ground based obstacles/ obstructions and is not permitted to operate the camera

or other instruments. 

9. The operating documents and the grant of exemption must be accessible during UAS operations

and made available to the Administrator upon request. If a discrepancy exists between the conditions

and limitations contained in the grant of exemption and the procedures outlined in the operating

documents, the conditions and limitations contained in the grant of exemption take precedence and

must be followed. Otherwise, the operator must follow the procedures as outlined in its operating

documents. The operator may update or revise its operating documents. It is the operator’s

responsibility to track such revisions and present updated and revised documents to the Administrator

upon request. The operator must also present updated and revised documents if it petitions for

extension or amendment to the grant of exemption. If the operator determines that any update or

revision would affect the basis upon which the FAA granted the exemption, then the operator must
petition for amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS-80) may be

contacted if questions arise regarding updates or revisions to the operating documents. 

10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a condition for safe flight. If

the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited

from operating until the necessary maintenance has been performed and the UAS is found to be in a

condition for safe flight. The Ground Control Station must be included in the preflight inspection. All

maintenance and alterations must be properly documented in the aircraft records. 

11. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight

characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight.

The PIC who conducts the functional test flight must make an entry in the aircraft records. 

20 

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 UASs 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 

21 

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. 

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 

22 

the ATO issued COA including class of airspace, altitude level and potential transponder requirements.

26. All aircraft operated in accordance with the exemption must be identified by serial number,

registered in accordance with 14 C.F.R. part 47, and have identification (N- Number) markings in

accordance with 14 C.F.R. part 45, Subpart C. Markings must be as large as practicable. 

27. Before conducting operations, the radio frequency spectrum used for operation and control of the

UA must comply with the Federal Communications Commission (FCC) or other appropriate

government oversight agency requirements. 

28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available to the PIC at the

Ground Control Station of the UAS any time the UAS is operating. These documents must be made

available to the Administrator or any law enforcement official upon request. 

29. The UA must remain clear and yield the right of way to all manned aviation operations and

activities at all times. 

30.The UAS may not be operated by the PIC from any moving device or vehicle. 

31.Flight operations must be conducted at least 500 feet from all nonparticipating 

persons (persons other than the PIC, SO, operator trainees or essential persons), vessels, vehicles,

and structures unless: 

a. Barriers or structures are present that sufficiently protect nonparticipating 

persons from the UA and/or debris in the event of an 

accident. The operator must ensure that nonparticipating persons remain under such protection. If a

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

UA, flight operations must cease immediately and/or; 

23 

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. 

DOUGLAS VIA PHOTOGRAPHY 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 3

UAS unless that PIC has demonstrated, by meeting minimum flight-hour and currency requirements,

that the PIC is able to safely operate the DJI Phantom 3 UAS in a manner consistent with the

exemption,including evasive and emergency maneuvers and maintaining appropriate distances from

people, vessels, vehicles and structures. Considering DOUGLAS VIA PHOTOGRAPHY 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. 

24 

11062); and the airmanship skills necessary to safely operate the DJI Phantom 3 UAS, DOUGLAS VIA

PHOTOGRAPHY submits that the additional manned airmanship experience of a commercially

certificated pilot would not correlate to the airmanship skills necessary for DOUGLAS VIA

PHOTOGRAPHY 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). 

DOUGLAS VIA PHOTOGRAPHY will not allow any PIC to operate the DJI Phantom 3 UAS unless that

PIC has demonstrated, by meeting minimum flight-hour requirements or the DJI Phantom 3 UAS

training and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 UAS in a

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

appropriate distances from people, vessels, vehicles and structures. 

Specifically, the PIC must have accumulated and logged, in a manner consistent with 14 C.F.R. §

61.51(b), 25 hours of total time as a UAS rotorcraft pilot (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 DOUGLAS

VIA PHOTOGRAPHY 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 

25 

included in the 10 hours of multi-rotor time and the 10 hours may be included in the total 25 hours of

UAS rotorcraft time. In addition to the hour requirements, the PIC must accomplish 3 takeoffs and

landings in the preceding 90 days (for currency purposes). The FAA finds that at a minimum, the flighthour requirements in Exemption No. 11062 are appropriate to practice and build proficiency in the

skills necessary to safely conduct the petitioner’s proposed operations. The FAA also finds that prior

documented flight experience that was obtained in compliance with applicable regulations would

satisfy this requirement. Training, proficiency, and experience-building flights can also be conducted

under the grant of exemption to accomplish the required flight time. During training, proficiency, and

experience- building flights the PIC is required to operate the UA with appropriate distances in

accordance with 14 C.F.R 91.119. 

Exemption No. 11138 at page 15. 

Accordingly, DOUGLAS VIA PHOTOGRAPHY will ensure safe operations by not allowing any PIC to

operate the DJI Phantom 3 UAS unless that PIC has demonstrated, by meeting minimum flight-hour

and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 UAS in a manner

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

appropriate distances from people, vessels, vehicles and structures. 

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, DOUGLAS VIA PHOTOGRAPHY will ensure that the 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. 

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

26 

altitude information of the 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 DOUGLAS VIA

PHOTOGRAPHY operation of the DJI Phantom 3 UAS within visual line of sight, at or below 400 feet

AGL, will ensure a level of safety equivalent to Section 91.121. 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 3 UAS; (2) the limitations

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

DOUGLAS VIA PHOTOGRAPHY will ensure that it will safely operate the battery powered DJI

Phantom 3 UAS during daylight hours in VFR conditions, with enough battery power to fly for a total

duration of 14.5 minutes to the first point of intended landing and, assuming normal cruising speed, to

fly after that for at least 6 minutes. 

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

27 

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, DOUGLAS VIA PHOTOGRAPHY 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 DOUGLAS

VIA PHOTOGRAPHY 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., the Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual). Furthermore,

DOUGLAS VIA PHOTOGRAPHY will document and maintain all maintenance records for the DJI

Phantom 3 UAS. 

Since the Phantom 3 UAS will be inspected as prescribed by the operating documents, DOUGLAS

VIA PHOTOGRAPHY 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 3 User Manual is attached hereto as

Appendix A 

Likewise, the exemption sought will not adversely affect safety because DOUGLAS VIA

PHOTOGRAPHY 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 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 DOUGLAS VIA PHOTOGRAPHY proposed operating limitations, the 

28 

operating documents, and the technical aspects of the DJI Phantom 3 UAS, DOUGLAS VIA

PHOTOGRAPHY 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, DOUGLAS VIA PHOTOGRAPHY requests that the FAA

prescribe special conditions for the intended operation of the 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 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. 

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

FAA may 

29 

prescribe special conditions for Leading Edge’s intended operation of the 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). 

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

DOUGLAS VIA PHOTOGRAPHY Seeks Exemption: 

DOUGLAS VIA PHOTOGRAPHY 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 DOUGLAS VIA PHOTOGRAPHY Seeks: 

This exemption will permit DOUGLAS VIA PHOTOGRAPHY to commercially operate an Unmanned
Aircraft System (UAS) for the purpose of conducting aerial video and photography over certain areas

of the United States. 

• Any Additional Information, Views, Or Arguments Available To Support DOUGLAS VIA

PHOTOGRAPHY 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, DOUGLAS VIA PHOTOGRAPHY 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. 

As discussed in detail above, DOUGLAS VIA PHOTOGRAPHY will operate the DJI Phantom 3 UAS

safely in the NAS, without creating a hazard to users 

30 

of the NAS, or the public, or otherwise pose a threat to national security. 

CONCLUSION 

As set forth herein, DOUGLAS VIA PHOTOGRAPHY seeks an exemption pursuant to 14 C.F.R. §

11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit

safe operation of the DJI Phantom 3 UAS commercially, without an airworthiness certificate, for the

limited purpose of conducting aerial video and photography over certain areas of the United States. By

granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA

Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing

DOUGLAS VIA PHOTOGRAPHY to safely, efficiently, and economically operate the 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, DOUGLAS VIA PHOTOGRAPHY 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 3 UAS commercially for the

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

Respectfully submitted on February 1, 2016 

DOUGLAS VIA PHOTOGRAPHY 5603 Olde Oak Drive Mount Airy, Maryland. 21771 

240.409.9398 douglas@picstamatic.com 

31 

Appendices: 

A –DJI Phantom 3 Specifications Data Sheet 

APPENDIX – A 

DJI Phantom 3 TECHNICAL SPECIFICATIONS 

DOUGLAS VIA PHOTOGRAPHY only utilizes safe and reliable UAS. 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) 

Aircraft

Weight (Including Battery And Propellers)

1280 g

Diagonal Size (Including Propellers)

590 mm

Max Ascent Speed

5 m/s

Max Descent Speed

3 m/s

Hover Accuracy

Vertical: +/- 0.1 m (when Vision Positioning is active) or +/- 0.5 m

Horizontal: +/- 1.5 m

Max Speed

16 m/s (ATTI mode, no wind)

Max Service Ceiling Above Sea Level

6000 m (Software altitude limit: 120 m above takeoff point)

Operating Temperature

0°C to 40°C

Gps Mode

GPS/GLONASS

Camera

Sensor

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

Lens

FOV 94° 20 mm (35 mm format equivalent) f/2.8, focus at ∞

Iso Range

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

Shutter Speed

8s -1/8000s

Image Max Size

4000 x 3000

Still Photography Modes

Single Shot

Burst Shooting: 3/5/7 shots

Auto Exposure Bracketing (AEB): 3/5

Bracketed Frames at 0.7EV Bias
Time-lapse

Video Recording Modes

Phantom 3 Professional

UHD: 4096x2160p 24/25, 3840x2160p 24/25/30

FHD: 1920x1080p 24/25/30/48/50/60

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

60 Mbps

Gimbal

Controllable Range

Pitch -90° to +30°

Stabilization

3-axis (pitch, roll, yaw)

Vision Positioning

Max Velocity

Less than 8 m/s (when 2 m above ground)

Altitude Range

50 cm-300 cm

Operating Range

50 cm-300 cm

Operating Environment

Surface with clear pattern and adequate lighting (Lux > 15)

Remote Controller

Operating Frequency

2.400 GHz-2.483 GHz

Max Distance

Up to 5 km or 3.1 miles (unobstructed, free of interference) when FCC

compliant

Up to 3.5 km or 2.1 miles (unobstructed, free of interference) when CE

compliant

Video Output Port

USB

Operating Temperature

0°C- 40°C

Battery

6000 mAh LiPo 2S

Mobile Device Holder

For tablet or phone

Receiver Sensitivity (1%Per)

-101 dBm ±2 dBm

Transmitter Power (Eirp)

FCC: 20 dBm

CE: 16 dBm
Working Voltage

1.2 A @7.4 V

Battery Charger

Voltage

17.4 V

Rated Power

Phantom 3 Professional

100 W

Intelligent Flight Battery

Capacity

4480 mAh

Voltage

15.2 V

Battery Type

LiPo 4S

Energy

68 Wh

Net Weight

365 g

Max Flight Time

Approximately 23 minutes

Operating Temperature

-10°C to 40°C

Max Charging Power

100 W

App / Live View

Mobile App

DJI GO

Eirp

100mW

Power Spectral Density

6.9mW/MHz

Live View Working Frequency

2.4GHz ISM

Live View Quality

720P @ 30fps (depending on conditions and mobile device)

Latency

220ms (depending on conditions and mobile device)

Required Operating Systems

iOS 8.0 or later

Android 4.1.2 or later

Recommended Devices

iOS: iPhone 5s, iPhone 6, iPhone 6 Plus, iPad Air, iPad Air Wi-Fi +
Cellular, iPad mini 2, iPad mini 2 Wi-Fi + Cellular, iPad Air 2, iPad

Air 2 Wi-Fi + Cellular, iPad mini 3, and iPad mini 3 Wi-Fi + Cellular.

This app is optimized for iPhone 5s, iPhone 6, and iPhone 6 Plus

Android: Samsung tabs 705c, Samsung S6, Samsung S5, Samsung

NOTE4, Samsung NOTE3, Google Nexus 9, Google Nexus 7 II,

Ascend Mate7, Nubia Z7 mini, SONY Z3 EXPERIA, MI 3, MI PAD,

Smartisan T1

*Support for additional Android devices available as testing and

development continues.