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UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC

Regulatory Docket No.___________

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: 

TEJA F. BERBERICH (“PETITIONER”)

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF TITLE 

14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS 61.101(e)(4) & (5), 

61.113(a) & (b), 61.23(a), 61.315(a), 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 A 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 December 14, 2015 

 Teja Berberich

1316 Edwards Dr.

Downingtown, PA 19335

Tel: (717) 314-2078

Teja@designdorf.net
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TABLE OF CONTENTS

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 PETITIONER SEEKS EXEMPTION ..................8

THE EXTENT OF RELIEF PETITIONER SEEKS AND THE REASON PETITIONER SEEKS THE RELIEF ...12

THE REASONS WHY GRANTING PETITIONER’S REQUEST WOULD BE IN THE PUBLIC INTEREST...17

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY AFFECT SAFETY.......20

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER.....................................................37

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT 

PETITIONER’S REQUEST.................................................................................................................37

CONCLUSION ............................................................................................................................................38

APPENDICES..............................................................................................................................................................39
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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 

FAA Federal Aviation Administration 

FAR Federal Aviation Regulation 

GCS Ground Control Station 

GPS Global Positioning System 

LOL Loss of Link 

NAS National Airspace System 

NOTAM Notice to Airman 

PIC Pilot In Command 

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

SO Safety Observer 

SOP Standard Operating Procedures 

UA Unmanned Aircraft 

UAS Unmanned Aircraft System 

VFR Visual Flight Rules 

VLOS Visual Line of Site 

VMC Visual Meteorological Conditions 

VTOL Vertical Takeoff and Landing
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SUMMARY

Teja F. Berberich (“Petitioner”) seeks exemption from the requirements of 14 C.F.R §§ 

61.101(e)(4) and (5), 61.315(a), 61.23(a), 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 Teja F. Berberich to operate an Unmanned Aircraft System (UAS) for the commercial 

purpose of conducting aerial video and photography of construction sites, building inspections, 

agricultural lands, outdoor recreational facilities, real estate, special events, and landscapes 

within the United States. 

INTRODUCTION AND INTERESTS OF THE PETITIONER

Teja F. Berberich will provide his clients with high quality digital content for use in their 

commercial, personal, and non-profit multimedia projects. Petitioner has years of photography 

experience and will use state-of-the-art technology to make high quality video and photo 

productions for any client. Petitioner has worked for the past 14years as a Rotorcraft Flight Test 

Engineer. Petitioner has over 4 years recreational/hobby experience in all aspects of aerial video 

and photography. The objective of Petitioner’s aerial video and photography operations is to 

provide high quality imaging for a variety of commercial, public, and residential uses, 

specifically targeting:

 Aerial event filming and photography

 High structure and construction inspections

 Promotional videos for businesses, non-profits & government entities

 Photo and video production for real estate marketing 

 Search and Rescue
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BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 3UAS

Petitioner seeks an exemption to operate DJI systems for compensation or hire within the NAS. 

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

Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. The Phantom 3

is an electric powered rotary wing UAS that is capable of transmitting live airborne video images 

and location information to a Ground Control Station (GCS). The Phantom stores the 

photographs and data on board and makes them available for download after completion of the 

flight. The Phantom 3 weight is 2.8 pounds and is 14 in x 14 in x 6 in. It is well under the 55 lbs 

mandated in the FMRA. The Phantom has a maximum cruising speed of 31 knots. It is battery

powered, has a flight endurance of 23 minutes and can operate in temperatures ranging from 0° 

to 40° C. The Phantom 3 has omni-directional antenna with a range of 2.0 km and operating in 

the 2.420 – 2.483 GHz frequency range. 

The Phantom 3, that 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

The petitioner, Teja F. Berberich, 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 in the National Airspace System (NAS), and for an 

exemption from the requirements of 14 C.F.R §§ 61.101(e)(4) and (5), 61.315(a), 61.23(a), 

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, the DJI Phantom 3 UAS meets the conditions of FMRA 
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Section 333 and therefore, will not require an airworthiness certificate in accordance with 14 

C.F.R. Part 21, Subpart H. 

Accordingly, Petitioner’s 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. 

Petitioner submits that the requested relief is proper since an equivalent level of safety will be 

ensured. Petitioner will use experienced personnel and 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, Phantom 3 Instruction 

Manual). Furthermore, Petitioner will document and maintain all maintenance records for the 

DJI Phantom 3 UAS. 

Relief from certain requirements of Section 61.101(e)(4) and (5) entitled Recreational pilot 

privileges and limitations: Pilot in command, and from Section 61.315(a) entitled What are the 

privileges and limits of my sport pilot certificate, and from Section 61.23(a) entitled Medical 

certificates: Requirements and duration, is requested by the Petitioner to the extent necessary to 

allow a Pilot in Command (PIC) holding a sport pilot or higher level certificate, as well as a valid 

driver’s license, and who has demonstrated, by meeting minimum flight- hour and currency

requirements, that the PIC is able to safely operate the DJI Phantom 3 UA in a manner consistent 

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

distances from people, vessels, vehicles and structures. 

Petitioner 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, Petitioner submits that it will ensure that the DJI Phantom 3 UA is in an 

airworthy condition, prior to every flight, by determining that the UA is in compliance with the 

operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual), 

and that the aircraft is in a condition for safe flight. 
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Petitioner also seeks an exemption from the requirements of Section 91.121, entitled Altimeter 

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

However, altitude information of the DJI Phantom 3 UA 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 Petitioner’s skilled 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. 

Petitioner also seeks an exemption from the requirements of Section 91.151(b), entitled Fuel 

requirements for flight in VFR conditions. Petitioner submits that safety will not be affected by 

operation of the DJI Phantom 3 UA during daylight hours in visual meteorological conditions 

(VMC) under visual flight rules (VFR), with enough battery power to fly for a total duration of 

approximately 15 minutes to the first point of intended landing and, assuming normal cruising 

speed, to fly after that for at least 5 minutes. 

In accordance with 14 C.F.R. § 11.81, Teja Berberich provides the following information in 

support of his petition for exemption:

A. Name And Address Of The Petitioner.

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

Teja F. Berberich

1316 Edwards Dr.

Downingtown, PA 19335

Tel: (717) 314-2078

Email: Teja@designdorf.net
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B. The Specific Sections Of 14 C.F.R. From Which Petitioner Seeks Exemption.

1. Petitioner Seeks Exemption From The Requirements Of Section 61.101(e)(4) and (5). 

Section 61.101, entitled Recreational pilot privileges and limitations: Pilot in command, 

subsection (e)(4) and (5) prescribe the following, in relevant part: 

(e) Except as provided in paragraphs (d) and (i) of this section, a recreational pilot may 

not act as pilot in command of an aircraft—

(4) For compensation or hire;

(5) In furtherance of a business;

2. Petitioner Seeks Exemption From The Requirements Of Section 61.23(a). 

Section 61.23(a), entitled Operations requiring a medical certificate: Requirements and 

duration, subsection (a) prescribe the following, in relevant part: 

(a) Except as provided in paragraphs (b) and (c) of this section, a person -

(3) Must hold at least a third-class medical certificate -

(i) When exercising the privileges of a private pilot certificate;

3. Petitioner Seeks Exemption From The Requirements Of Section 61.315(a).

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

subsection (a) prescribe the following, in relevant part: 

(c) You may not act as pilot in command of a light-sport aircraft:

(2) For compensation or hire.

(3) In furtherance of a business.—

4. Petitioner 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.
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5. Petitioner 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

(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. 

6. Petitioner 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.

7. Petitioner 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—
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(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[.]

8. Petitioner 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—

(i) It has been approved for return to service by a person authorized under § 43.7 of 

this chapter [.]

9. Petitioner 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. 

10. Petitioner 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:
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(1) Records of the maintenance, preventive maintenance, and alteration and records of 

the 100-hour, annual, progressive, and other required or approved inspections, as 

appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, 

and appliance of an aircraft. The records must include--

(i) A description (or reference to data acceptable to the Administrator) of the work 

performed; and

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

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

return to service.

(2) Records containing the following information:

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

rotor.

(ii) The current status of life-limited parts of each airframe, engine, propeller, 

rotor, and appliance.

(iii) The time since last overhaul of all items installed on the aircraft which are 

required to be overhauled on a specified time basis.

(iv) The current inspection status of the aircraft, including the time since the last 

inspection required by the inspection program under which the aircraft and its 

appliances are maintained.

(v) The current status of applicable airworthiness directives (AD) and safety

directives including, for each, the method of compliance, the AD or safety 
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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 Petitioner Seeks And The Reason Petitioner Seeks The Relief.

1. Extent Of Relief Petitioner Seeks And The Reason Petitioner 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.
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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, Petitioner submits that an equivalent level of safety will be 

maintained because no PIC will be allowed to operate the 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, Petitioner 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 Petitioner business; and 

(2) will not carry passengers or property for compensation or hire. 

2. Extent Of Relief Petitioner Seeks And The Reason Petitioner Seeks Relief From 

Section 61.23(a).

Relief from Section 61.23(a), entitled Operations requiring a medical certificate: 

Requirements and duration, is requested to the extent required to necessary to allow a 

PIC holding a sport pilot certificate or higher level certificate, as well as a current and 

valid driver’s license, to conduct the proposed UAS flight operations for compensation or 

hire. This relief is requested since the limitations set forth in Section 61.23(a) otherwise 

require the PIC of any flight for compensation or hire to hold a comprehensive FAA 

issued medical certificate. In Exemption No. 11213 to Aeryon Labs, Inc., the FAA “finds 

that, because of the risk mitigations established in the conditions and limitations of this 

exemption, a person that holds a U.S. issued driver’s license who is operating a UAS will 

not adversely affect safety. The FAA is granting relief from § 61.23(a) to allow any pilot 

that holds one of the pilot’s certificates discussed above to operate a UAS under this 
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exemption with a U.S. issued driver’s license, in lieu of an FAA-issued medical 

certificate. The FAA is also granting relief from § 61.23(c) to allow sport pilot certificate 

holders to operate aircraft other than LSA with a U.S. issued driver’s license under this 

exemption.” 

3. Extent Of Relief Petitioner Seeks And The Reason Petitioner Seeks Relief From 

Section 61.315(a).

Relief from Section 61.315(a) entitled What are the privileges and limits of my sport pilot 

certificate, is requested to the extent necessary to allow a PIC holding a sport pilot or 

higher level certificate to conduct the proposed UAS flight operations for compensation 

or hire. This relief is requested since the limitations set forth in Section 61.315(a) restrict 

a sport pilot from acting as the PIC of any flight for compensation or hire, or for the 

furtherance of any business. In Exemption No. 11213 to Aeryon Labs, Inc., the FAA reassessed the level of pilot certificate that would be appropriate for the petitioner’s 

operations. In evaluating this petition, similar to the evaluation of the private and 

commercial pilot certificates in Exemption No. 11062, the agency compared the 

aeronautical knowledge requirements of the recreational and sport pilot certificates to 

those of the private pilot certificate. They found that the aeronautical knowledge 

requirements that would be applicable to a UAS operation for a recreational pilot and 

sport pilot certificate are substantially similar as those for a private pilot certificate. 

Additionally, similar to the private and commercial pilot certificates, holders of 

recreational and sport pilot certificates are subject to security screening by the 

Department of Homeland Security (DHS). Therefore, because they must demonstrate 

aeronautical knowledge relevant to UAS operations and are subject to DHS screening, 

factors that were considered by the FAA in allowing private pilot operations under 

previous exemptions, the FAA now determines that holders of recreational and sport pilot 

certificates may serve as the PIC for UAS operations. 
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4. Extent Of Relief Petitioner Seeks And The Reason Petitioner 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 Petitioner to determine that the DJI Phantom 3 UAS is in airworthy 

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

operating documents (i.e., the DJI Phantom 3 Maintenance Manual, Monthly

Maintenance Log, and DJI Phantom 3 Instruction Manual). Petitioner 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, Petitioner will ensure that the 

DJI Phantom 3 UAS is in airworthy condition based upon its compliance with the 

operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Instruction 

Manual) prior to every flight, and further, determine that the aircraft are in condition for 

safe flight, as stated in the conditions and limitations below. 

5. Extent Of Relief Petitioner Seeks And The Reason Petitioner 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), Petitioner seeks the requested 

relief because the DJI Phantom 3 UA’s altimeter may be set on the ground to zero feet 

AGL, rather than the local barometric pressure or field altitude, before each flight. 

Considering the limited altitude of the proposed operations, relief from 14 CFR 

91.121 is sought to the extent necessary to comply with the applicable conditions and 

limitations stated below. As more fully set forth herein, an equivalent level of safety will 

be maintained since the DJI Phantom 3 UAs are equipped with a barometric pressure 
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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. 

6. Extent Of Relief Petitioner Seeks And The Reason Petitioner 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

UA during daylight hours in visual meteorological conditions (VMC), under visual flight 

rules (VFR), for a total duration of 15 minutes to the first point of intended landing and, 

assuming normal cruising speed, to fly after that for at least 5 minutes. Petitioner seeks 

the requested relief because without an exemption from Section 91.151(b), the flight time 

duration of the battery powered DJI Phantom 3 UA will severely constrain the 

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

to conduct pursuant to this Petition. 

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

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

Petitioner will safely operate the battery powered DJI Phantom 3 UA during daylight 

hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with 

enough battery power to fly for a total duration of 15 minutes to the first point of 

intended landing and, assuming normal cruising speed, to fly after that for at least 5 

minutes. 

7. Extent Of Relief Petitioner Seeks And The Reason Petitioner 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, Petitioner requests relief from these 

Sections because the DJI Phantom 3 UAS does not require airworthiness certificates. As 
17

set forth more fully below, the DJI Phantom 3 UAS meets the conditions of FMRA 

Section 333 for operation without an airworthiness certificate. Accordingly, Petitioner

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

maintenance on the UASs using the methods, techniques, and practices prescribed in the 

UAS operating documents (i.e., the DJI Phantom 3 Maintenance Manual, Maintenance 

Log and the Phantom 3 Instruction Manual). Furthermore, Petitioner will document and 

maintain all maintenance records for the DJI Phantom 3 UAS. 

D. The Reasons Why Granting Petitioner 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 Petitioner to safely, 

efficiently, and economically conduct aerial video and photography of outdoor recreational 

facilities, real estate, special events, and landscapes over certain areas of the United States. 

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

and provide significant benefits to the economy. Notably, the benefits of Petitioner’s proposed 

operation of the DJI Phantom 3 UAS will be realized without implicating any privacy issues. 

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

The DJI Phantom 3 UAS 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 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 
18

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 UA, 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 UA 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 UA, 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 UA to perform aerial acquisitions, the substantial risk to life 

and property in the air and on the ground, which is usually associated with traditional 

manned aircraft flight operations, will be substantially reduced or completely eliminated. 

Aside from the lack of flight crew members located onboard the aircraft, the DJI 

Phantom 3 UA, 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 is an economical alternative to 

using manned aircraft to conduct similar aerial operations. As such, operation of the DJI 
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Phantom 3 UAS will allow United States based businesses, like us, 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 allows businesses greater operational flexibility compared to 

manned aircraft, and provides such flexibility without the high operational cost of a 

traditional manned aircraft. By operating the DJI Phantom 3 UA, businesses such as ours, 

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 UA, provides a stable workforce that increases consumer spending; 

improves local, state, and federal tax revenues; and allows companies to invest in 

research and development in order to remain competitive both in the United States and 

abroad. 

4. There Are No Privacy Issues.

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

decades, Petitioner 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 the conditions set forth in any exemption granted under this petition. 
20

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 Petitioner Seeks Exemption.

1. Reasons Why The DJI Phantom 3 UA Meets The Conditions Of The FAA

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

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

unmanned aircraft and its operation, Petitioner operation of the DJI Phantom 3 UAS 

meets the conditions of FMRA Section 333, and will not require an airworthiness 

certificate in accordance with 14 C.F.R. Part 21, Subpart H. Section 333 provides 

authority for a UAS to operate without airworthiness certification and sets forth 

requirements for considering whether a UAS will create a hazard to users of the NAS or

the public, or otherwise pose a threat to national security. Specifically, FMRA Section 

333 states the following, in part: 

(a) In General.--Notwithstanding any other requirement of this subtitle, and not

later than 180 days after the date of enactment of this Act, the Secretary of

Transportation shall determine if certain unmanned aircraft systems may operate 

safely in the national airspace system before completion of the plan and 

rulemaking required by section 332 of this Act or the guidance required by

section 334 of this Act. 

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

under subsection (a), the Secretary shall determine, at a minimum--

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

size, weight, speed, operational capability, proximity to airports and

populated areas, and operation within visual line of sight do not create a 

hazard to users of the national airspace system or the public or pose a

threat to national security; and
21

(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, Petitioner 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 Specifications and Data Sheet, attached 

hereto as Exhibit A. 
22

ii. The DJI Phantom 3 UAS Autonomous Flight And Navigation 

Modes Enable The UAS To Remain Within A Defined 

Operational Area.

The DJI Phantom 3 UAS may be operated in both manual and fully 

autonomous flight modes. A complete description of the flight and 

navigational modes of the DJI Phantom 3 UAS is provided in the 

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

iii. The DJI Phantom 3 UAS Is Designed For Automatic Return 

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

Control Link Or Navigation.

When the Control Link is lost, the DJI Phantom 3, the UA will 

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

seconds, the DJI Phantom 3 UA does not reacquire control link 

data from the GCS, the UA will assume that the Control Link is 

lost and the UA will return to the home position (i.e., failsafe 

mode) via GPS, and will descend to the takeoff position and 

shutdown. A complete description of the Failsafe Functions of the 

DJI Phantom 3 UAS is set forth in the Phantom 3 User Manual, 

attached hereto as B.

b. Flight Operations Of DJI Phantom 3 UAS Is Limited To The Line Of

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

Petitioner will only utilize certificated pilots who possess a current and valid 

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

Phantom 3 UAS. Additionally, a safety observer will assist all pilots during 

flight.
23

c. Flights Of DJI Phantom 3 UAS Will Be Conducted Pursuant To 

Specific Operating Limitations.

In seeking this exemption, proposes to commercially operate DJI Phantom 3

UAS for the special purpose of conducting aerial video and photography over 

certain areas of United States, pursuant to the following specific operating 

limitations: 

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

following aircraft described in the operating documents, rotorcraft UAS 

weighing less than 55 pounds maximum gross weight: DJI Phantom 3

Unmanned Aircraft System. 

Proposed operations of any other aircraft will require a new petition or a 

petition to amend this grant. 

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

operations for the purpose of aerial video and photography.

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

4. The UAs must be operated at an altitude of no more than 500 feet above 

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

operating documents unless a special request is made and approved by 

ATC. All altitudes reported to ATC must be in feet AGL.

5. The UAs must be operated within visual line of sight (VLOS) of the PIC 

at all times. This requires the PIC to be able to use human vision unaided 

by any device other than corrective lenses, as specified on the PIC’s 

FAA-issued airman medical certificate.
24

6. The use of first person view (FPV) by the PIC or safety observer (SO) is 

not permitted.

7. All operations must utilize a safety observer (SO). The SO may be used 

to satisfy the VLOS requirement as long as the PIC always maintains 

VLOS capability. The SO and PIC must be able to communicate verbally

at all times. Electronic messaging or texting is not permitted during flight 

operations. The PIC must be designated before the flight and cannot 

transfer his or her designation for the duration of the flight. The PIC must 

ensure that the SO can perform the functions prescribed in the operating 

documents.

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

seeing and avoiding other air traffic and other ground based 

obstacles/obstructions and is not permitted to operate the camera or other 

instruments.

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

during UAS operations and made available to the Administrator upon 

request. If a discrepancy exists between the conditions and limitations 

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

operating documents, the conditions and limitations contained in the 

grant of exemption take precedence and must be followed. Otherwise, the 

operator must follow the procedures as outlined in its operating 

documents. The operator may update or revise its operating documents. It 

is the operator’s responsibility to track such revisions and present updated 

and revised documents to the Administrator upon request. The operator 

must also present updated and revised documents if it petitions for 

extension or amendment to the grant of exemption. If the operator 

determines that any update or revision would affect the basis upon which 
25

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. 
26

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 experiencebuilding 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.
27

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

C.F.R. §19.1. 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.
28

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 48hours 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.
29

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 

24hours. Accidents must be reported to the National Transportation Safety

Board(NTSB) per instructions contained on the NTSB Web site: 

www.ntsb.gov.
30

2. Reasons Why An Exemption From The Requirements Of Section 61.113(a)

And (b) Would Not Adversely Affect Safety.

Petitioner 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 Petitioner proposed area of operations, and the operating limitations set 

forth-above; the parallel nature of sport 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 3 UAS, Petitioner submits that the 

additional manned airmanship experience of a commercially certificated pilot would not 

correlate to the airmanship skills necessary for Petitioner 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). 

Petitioner 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. 
31

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 Petitioner proposed operations. The Administrator has held that prior 

documented flight experience that was obtained in compliance with applicable 

regulations would ensure safe operations, stating as follows: 

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

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

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

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

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

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

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

exemption. For clarification, the FAA considers these minimum hour 

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

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

included in the total 25 hours of UAS rotorcraft time. In addition to the hour 

requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 

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

proficiency in the skills necessary to safely conduct the petitioner’s proposed 

operations. The FAA also finds that prior documented flight experience that was 

obtained in compliance with applicable regulations would satisfy this 

requirement. Training, proficiency, and experience-building flights can also be 
32

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, Petitioner will ensure safe operations by not allowing any PIC to operate 

the DJI Phantom 3 UAS unless that PIC has demonstrated, by meeting minimum flighthour 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, Petitioner 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 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 

UAS to the GCS for active monitoring of the flight path and altitude. This altitude 
33

information, combined with Petitioner’s 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, Seagull Aerial will ensure that it will 

safely operate the battery powered DJI Phantom 3 UA during daylight hours in VFR 

conditions, with enough battery power to fly for a total duration of 15 minutes to the first 

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

least 5 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 30% remaining battery power, and 

again at approximately 15% remaining battery power. At the critically low battery level, 

the DJI Phantom 3 UAS will descend and land automatically. 
34

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, Petitioner 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 

Petitioner 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 DJI Phantom 3 Maintenance Manual, Monthly 

Maintenance Log, and the Phantom 3 Instruction Manual). Furthermore, Petitioner will 

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

Since the DJI Phantom 3 UAS will be inspected as prescribed by the operating 

documents, Petitioner 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 is attached hereto as Exhibit 

C. 

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

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

the UAS using the methods, techniques, and practices prescribed by the operating 
35

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 Petitioner proposed operating limitations, the operating documents, 

and the technical aspects of the DJI Phantom 3 UAS, Petitioner 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, Petitioner 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 
36

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

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). 
37

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

Which Petitioner Seeks Exemption:

Petitioner seeks exemption from the requirements of 14 C.F.R Sections 61.101(e)(4) and 

(5), 61.315(a), 61.23(a), 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 Petitioner Seeks: 

This exemption will permit Petitioner to commercially operate an Unmanned Aircraft 

System (UAS) for the purpose of conducting aerial video and photography over certain 

areas of the United States. 

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

Media LLC 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, Petitioner 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, Petitioner will operate the DJI Phantom 3 UAS safely in the NAS, 

without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to 

national security. 
38

CONCLUSION

As set forth herein, Petitioner 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 Petitioner to safely, efficiently, and economically operate the 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, Petitioner respectfully requests that the 

Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections 

61.101(e)(4) and (5), 61.315(a), 61.23(a), 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 Petitioner to operate the DJI Phantom 3

UAS commercially for the purpose of conducting aerial video and photography over areas of the 

United States. Dated: December 14, 2015 

Respectfully submitted, 

Teja Berberich

1316 Edwards Dr.

Downingtown, PA 19335

Tel: (717) 314-2078

Email: teja@designdorf.net
39

APPENDICES

A – DJI Phantom 3 Specifications Data Sheet

B – DJI Phantom 3 Manufacturer’s User Manual

C – DJI Phantom 3– Monthly Maintenance Log 
40

Appendix A – DJI Phantom 3 Specifications Data Sheet

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 (Default altitude limit: 120 m above takeoff point)

Operating Temperature 0°C to 40°C

GPS Mode GPS/GLONASS

Gimbal

Controllable Range Pitch -90° to +30°

Stabilization 3-axis (pitch, roll, yaw)

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
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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

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

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

 FHD: 1920x1080p 24/25/30/48/50/60

 HD: 1280x720p 24/25/30/48/50/60

Supported SD Card Types Micro SD

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

Max Bitrate of Video 

Storage 60 Mbps

Supported File Formats

 FAT32/exFAT

 Photo: JPEG, DNG

 Video: MP4, MOV (MPEG-4 AVC/H.264)

Operating Temperature 0°C to 40°C
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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)

Battery Charger

Voltage 17.4 V

Rated Power

Phantom 3 Professional

 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

*Support for additional Android devices available as testing and development 

continues.
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Appendix B – DJI Phantom 3 Manufacturer’s User Manual

Please see attachment.
44

Appendix C - DJI Phantom 3– Monthly Maintenance Log

UAS #: Date Issue 

Discovered

Date Issue 

Addressed Issue Description & Maintenance Conducted Maintenance Performed By: Print & Sign

Software Updates

Airframe

Engines

Propellers

Camera Gimbal

Landing Gear

Vibration Dampening

Battery

Remote Controller

Other: