November 30, 2015 

Attn:

U. S. Department of Transportation Docket Operations 

West Building Ground Floor, Room w12-140 

1200 New Jersey Ave, SE Washington, DC 20590

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

AERIAL VISTAS LLC

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 SYSTEM

PURSUANT TO SECTION 333 OF

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

95)

Submitted on November 30th, 2015 

Aerial Vistas LLC

350 W Caledonia St, 

Howell, MI. 48843

(517)545-3767
2

TABLE OF CONTENTS

Page 

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

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

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

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

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

NAME AND ADDRESS OF PETITIONER.............................................................6

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH AERIAL VISTAS LLC

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

THE EXTENT OF RELIEF AERIAL VISTAS LLC SEEKS AND THE REASON 

AERIAL VISTAS LLC SEEKS THE RELIEF.......................................................10

 

THE REASONS WHY GRANTING AERIAL VISTAS LLC’S

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

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT 

ADVERSELY AFFECT SAFETY...........................................................................23

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER.......26

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS 

AVAILABLE TO SUPPORT AERIAL VISTAS LLC’S REQUEST.....................26

CONCLUSION......................................................................................................................27

APPENDICES...........................................................................................28
3

GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation 

GCS Ground Control Station 

GPS Global Positioning System

LOL Loss of Link 

NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot In Command

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

SO Safety Observer

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing
4

SUMMARY

Aerial Vistas LLC seeks exemption from the requirements of 14 C.F.R §§ 61.113, 91.7, 

91.103, 91.109 91.119, 91.121, 91.151, 91.405, 91.407, 91.409, and 91.417, to operate an 

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

Reform Act of 2012 (FMRA). This exemption will permit Aerial Vistas LLC to operate 

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

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

of the United States. 

INTRODUCTION AND INTERESTS OF THE PETITIONER

Aerial Vistas LLC provides its clients with expertise and knowledge in advanced 

technologies and solutions to increase efficiency, productivity and effectiveness. Aerial 

Vistas LLC has more than 5 years of semi-pro videography experience. Staff have over 1 

year of recreational/hobby experience in areas of aerial video and photography, and continue 

to practice. The objective of Aerial Vistas LLC's aerial video and photography operations is 

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

specifically targeting:

• Construction sites before and after

• Appraisals

• Real-estate marketing

• Motion Picture Filming

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

• Search and Rescue operations

BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 3 UASs

Aerial Vistas LLC seeks an exemption to operate DJI systems for compensation or hire 

within the NAS. The DJI Phantom 3 UASs are vertical takeoff and landing (VTOL) 

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

smart phone systems. The DJI Phantom 3 has a maximum gross weight of approximately 2 

pounds 12 ounces, while having a length of 16 inches, width of 16 inches, height of 8 

inches, and a maximum speed of approximately 29 knots. The DJI Phantom 3 UAs are 

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

The DJI Phantom 3 UAs that will be operated by Aerial Vistas LLC 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.
5

BASIS FOR PETITION

Petitioner, Aerial Vistas LLC, 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 UASs in the 

National Airspace System (NAS), and for an exemption from the requirements of 14 

C.F.R §§ 61.113, 91.7, 91.103, 91.109 91.119, 91.121, 91.151, 91.405, 91.407, 91.409, 

and 91.417. 

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

the unmanned aircraft and its operation, Aerial Vistas LLC operation of DJI Phantom 3 

UASs 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, Aerial Vistas LLC requests relief from Sections 61.113, 91.7, 91.103, 91.109 

91.119, 91.121, 91.151, 91.405, 91.407, 91.409, and 91.417 as these sections set forth 

requirements for maintenance that only apply to aircraft with an airworthiness certificate. 

Aerial Vistas LLC submits that the requested relief is proper since an equivalent level of 

safety will be ensured. Aerial Vistas LLC will use experienced personnel or technicians to 

perform maintenance, alterations, or preventive maintenance on the UASs using the 

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

Maintenance Log, and DJI Phantom 3 Instruction Manual). Furthermore, Aerial Vistas 

LLC will document and maintain all maintenance records for the DJI Phantom 3 UASs. 

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

privileges and limitations: Pilot in command, is requested by Aerial Vistas LLC to the 

extent necessary to allow a Pilot in Command (PIC) not holding a certificate, or 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 UASs in a 

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

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

Aerial Vistas LLC seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, 

because the DJI Phantom 3 UASs do not require an airworthiness certificate in accordance 

with 14 C.F.R. Part 21, Subpart H. As such, Aerial Vistas LLC submits that he will ensure 

that the DJI Phantom 3 UASs 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. 
6

Aerial Vistas LLC also seeks an exemption from the requirements of Section 91.121, 

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

altimeter onboard. However, altitude information of the DJI Phantom 3 UAs will be 

provided to the PIC via Global Positioning System (GPS) equipment and radio 

communications telemetry data link, which downlinks from the UA to the GCS for active 

monitoring of the flight path. This altitude information, combined with Aerial Vistas LLC's 

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

will ensure a level of safety equivalent to Section 91.121. 

Additionally, Aerial Vistas LLC seeks an exemption from the requirements of Section 

91.151(b), entitled Fuel requirements for flight in VFR conditions. Aerial Vistas LLC 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 23 minutes to the first point of 

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

Battery power indicators are also able to show exactly how much battery power is left, as well 

as how much time is needed to return safely back to point of take-off.

In accordance with 14 C.F.R. § 11.81, Aerial Vistas LLC 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:

Aerial Vistas LLC

350 W Caledonia St

Howell, MI. 48843

Email:bjonckhe@gmail.com
7

B. The Specific Sections Of 14 C.F.R. From Which Aerial Vistas LLC Seeks Exemption. 

1. Aerial Vistas LLC 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. Aerial Vistas LLC 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. Aerial Vistas LLC 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 
8

(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. Aerial Vistas LLC 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. Aerial Vistas LLC 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. Aerial Vistas LLC Seeks Exemption From The Requirements Of Section 

91.407(a)(1)

Section 91.407, entitled Operation after maintenance, preventive maintenance, 

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

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

maintenance, rebuilding, or alteration unless--

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

43.7 of this chapter[.] 

7. Aerial Vistas LLC 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 --
9

(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. Aerial Vistas LLC Seeks Exemption From The Requirements Of Sections 

91.417(a) And 91.417(b).

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

following: 

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

registered owner or operator shall keep the following records for the periods 

specified in paragraph (b) of this section: 

(1) Records of the maintenance, preventive maintenance, and alteration and 

records of the 100-hour, annual, progressive, and other required or approved 

inspections, as appropriate, for each aircraft (including the airframe) and 

each engine, propeller, rotor, and appliance of an aircraft. The records must 

include--

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

the work performed; and 

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

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

aircraft for return to service. 

(2) Records containing the following information: 

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

each rotor. 

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

propeller, rotor, and appliance. 

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

are required to be overhauled on a specified time basis. 

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

last inspection required by the inspection program under which the 

aircraft and its appliances are maintained. 
10

(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 Aerial Vistas LLC Seeks And The Reason Aerial Vistas LLC Seeks 

The Relief. 

1. Extent Of Relief Aerial Vistas LLC Seeks And The Reason Aerial Vistas 

LLC 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 not holding any pilot 

certificate, or a current and valid airman medical certificate, but who has met certain flighthour 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, Aerial Vistas LLC 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 in a manner consistent with the 
11

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, Aerial Vistas LLC submits that all flights of the DJI Phantom 3 UASs, conducted by 

the PIC pursuant to the grant of this Petition: (1) will be incidental to Aerial Vistas LLC's 

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

2. Extent Of Relief Aerial Vistas LLC Seeks And The Reason Aerial Vistas 

LLC 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 Aerial Vistas LLC to determine that the DJI Phantom 3 

UASs are in airworthy condition prior to every flight by ensuring that the UAS is in 

compliance with the operating documents (i.e., the Aerial Vistas LLC Aerial Operations 

Manual, Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual). 

Aerial Vistas LLC seeks the requested relief because the DJI Phantom 3 UASs do not 

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

Therefore, Aerial Vistas LLC will ensure that the DJI Phantom 3 UASs are 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

3. Extent Of Relief Aerial Vistas LLC, Seeks From Section 91.121.

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

operations of the DJI Phantom 3 UASs, 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), Aerial Vistas LLC 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 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. 
12

4. Extent Of Relief Aerial Vistas LLC Seeks And The Reason Aerial Vistas 

LLC 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 13.5 minutes to the first point of intended landing and, 

assuming normal cruising speed, to fly after that for at least 4.5 minutes. Aerial Vistas LLC

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

time duration of the battery powered DJI Phantom 3 UAs will severely constrain the 

practicality of any aerial video or still photo flight operations that Aerial Vistas LLC

proposes to conduct pursuant to this Petition. 

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

the DJI Phantom 3 operating documents, and Aerial Vistas LLC's proposed operating 

limitations, ensure that Aerial Vistas LLC 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 13.5 

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

after that for at least 4.5 minutes.

5. Extent Of Relief Aerial Vistas LLC Seeks And The Reason Aerial Vistas 

LLC 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, Aerial Vistas LLC requests relief from 

these Sections because the DJI Phantom 3 UASs do not require airworthiness certificates. 

As set forth more fully below, the DJI Phantom 3 UASs meet the conditions of FMRA 

Section 333 for operation without an airworthiness certificate. Accordingly, Aerial Vistas 

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

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

UAS operating documents (i.e., the Aerial Vistas LLC Aerial Operations Manual, Monthly 

Maintenance Log, and DJI Phantom 3 Instruction Manual). Furthermore, Aerial Vistas 

LLC will document and maintain all maintenance records for the DJI Phantom 3 UASs. 

D. The Reasons Why Granting Aerial Vistas LLC 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 Aerial Vistas LLC

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

construction sites, real estate, and landscape over certain areas of the 
13

United States. 

Additionally, use of the DJI Phantom 3 UASs will decrease congestion of the NAS, 

reduce pollution, and provide significant benefits to the economy. Notably, the benefits 

of Aerial Vistas LLC's proposed operation of the 

DJI Phantom 3 UASs 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 do not require an airport to takeoff or land. Likewise, a reduction of manned aircraft 

conducting aerial video and photography missions would result in fewer aircraft that must 

be handled by air traffic control during the ground, takeoff, departure, arrival, and landing 

phases of flight operations.

2. The Public Will Benefit from The Safety and Efficiency Of The DJI 

Phantom 3 UASs.

Conducting aerial acquisitions with the DJI Phantom 3 UASs, 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 UASs produce no air pollution, and is 

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

internal combustion engine aircraft that are typically utilized for aerial video and 

photography, while burning approximately 20-30 gallons per hour of leaded aviation fuel. 

The DJI Phantom 3 UAs, while reducing the carbon footprint of aerial acquisitions, also 

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

rather than an internal combustion engine. 

By using the DJI Phantom 3 UASs 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 

UAs (weighing approximately 2 pounds 12 ounces, at their maximum gross weights with 

lengths and widths of 16 inches , and with no fuel on board), has less physical potential for 

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

aircraft that typically conduct similar operations (weighing approximately 6,000 pounds 
14

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 UASs Will Benefit The Economy.

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

alternative to using manned aircraft to conduct similar aerial operations. As such, operation 

of the DJI Phantom 3 UASs will allow United States based companies, like Aerial Vistas 

LLC, 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 UASs 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 UASs, companies such as Aerial Vistas LLC, 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 

UASs, 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, Aerial Vistas LLC's proposed operation of the DJI Phantom 3 Advanced UASs 

will not implicate any privacy issues. Specifically, the DJI Phantom 3 UASs will be 

operated only in compliance with operating documents (i.e., the Aerial Vistas LLC Aerial 

Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual) 

which requires property owner involvement as well as local law enforcement notification, 

and in accordance with the Federal Aviation Regulations, including the minimum altitude 

requirements of 14 C.F.R. § 91.119. 
15

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 Aerial Vistas LLC 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, Aerial Vistas LLC operation of the DJI Phantom 3 

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

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

Section 333 provides authority for a UAS to operate without airworthiness certification and 

sets forth requirements for considering whether a UAS will create a hazard to users of the 

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

Section 333 states the following, in part: 

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

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

Transportation shall determine if certain unmanned aircraft systems may operate 

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

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

section 334 of this Act. 

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

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

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

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

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

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

national security; and

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

airworthiness certification under section 44704 of title 49, United States 

Code, is required for the operation of unmanned aircraft systems 

identified under paragraph (1). 

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

that certain unmanned aircraft systems may operate safely in the national 

airspace system, the Secretary shall establish requirements for the safe operation 

of such aircraft systems in the national airspace system. 
16

In seeking this exemption, Aerial Vistas LLC submits that the DJI Phantom 3UASs can 

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

characteristics of the DJI Phantom 3 UASs; (b) the pilot certification requirement; and (c) 

the specific operating limitations. 

a. The Specifications Of The DJI Phantom 3 UASs Demonstrate Its Safe 

Characteristics.

The DJI Phantom 3 UASs 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 UASs.

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

Specifications, attached hereto as Exhibit A. 

ii. The DJI Phantom 3 UASs Autonomous Flight and Navigation 

Modes Enable The UASs To Remain Within A Defined Operational 

Area.

The DJI Phantom 3 UASs 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 

UASs is provided at pages 39-47 of the DJI Phantom 3 User Manual, attached hereto as 

Exhibit B. 

iii. The DJI Phantom 3 UASs Are Designed For Automatic Return To 

Home Point Or Hover In The Event Of Loss Of The Control Link 

Or Navigation.

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

seconds or more. If, after 3 seconds, the DJI Phantom 3 UAs do not reacquire control link 

data from the GCS, the UAs will assume that the Control Link is lost and the UAs will 

return to the home position (i.e., failsafe mode) via GPS, and will descend to the takeoff 

position and shutdown. A complete description of the Failsafe Functions of the DJI Phantom

3 UAS are set forth at page 14 of the DJI Phantom 3 User Manual, attached hereto as 

Exhibit B. 

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 35 through 39 of the DJI Phantom 3 User 

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

b. Flight Operations Of DJI Phantom 3 UASs Are Limited To The Line 

Of Sight Of A Pilot in Command With A Safety Observer.
17

Aerial Vistas LLC will only utilize pilots who have at least 20 hours flight time to act as a 

pilot in command (PIC) of the DJI Phantom 3 UASs. Additionally, a safety observer will 

assist all pilots during flight time. 

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

Specific Operating Limitations.

In seeking this exemption, Aerial Vistas LLC proposes to commercially operate DJI 

Phantom 3 UASs for the special purpose of conducting aerial video and photography over 

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

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

aircraft described in the operating documents, rotorcraft UASs weighing less 

than 55 pounds maximum gross weight: DJI Phantom 3 Unmanned Aircraft 

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

a petition to amend this grant.

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

for the purpose of aerial video and photography.

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

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

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

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

ATC must be in feet AGL.

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

times. This requires the PIC to be able to use human vision unaided by any 

device other than corrective lenses, as specified on the PIC’s FAA-issued airman 

medical certificate.

6. The use of first person view (FPV) by the PIC or safety observer (SO) is not

permitted.

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

the VLOS requirement as long as the PIC always maintains VLOS capability. 

The SO and PIC must be able to communicate verbally at all times. Electronic 

messaging or texting is not permitted during flight operations. The PIC must be 

designated before the flight and cannot transfer his or her designation for the 

duration of the flight. The PIC must ensure that the SO can perform the functions 

prescribed in the operating documents.
18

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

and avoiding other air traffic and other ground based obstacles/obstructions and 

is not permitted to operate the camera or other instruments.

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

UAS operations and made available to the Administrator upon request. If a 

discrepancy exists between the conditions and limitations contained in the grant 

of exemption and the procedures outlined in the operating documents, the 

conditions and limitations contained in the grant of exemption take precedence 

and must be followed. Otherwise, the operator must follow the procedures as 

outlined in its operating documents. The operator may update or revise its 

operating documents. It is the operator’s responsibility to track such revisions 

and present updated and revised documents to the Administrator upon request. 

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

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

that any update or revision would affect the basis upon which the FAA granted 

the exemption, then the operator must petition for amendment to its grant of 

exemption. The FAA’s UAS Integration Office (AFS-80) may be contacted if 

questions arise regarding updates or revisions to the operating documents.

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

condition for safe flight. If the inspection reveals a condition that affects the safe 

operation of the UAS, the aircraft is prohibited from operating until the 

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

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

preflight inspection. All maintenance and alterations must be properly 

documented in the aircraft records.

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

operation or flight characteristics, e.g. replacement of a flight critical component, 

must undergo a functional test flight. The PIC who conducts the functional test 

flight must make an entry in the aircraft records.

12. The pre-flight inspection must account for all potential discrepancies, e.g.

inoperable components, items, or equipment, not already covered in the relevant 

sections of the operating documents.

13. The operator must follow the UAS manufacturer’s aircraft/component,

maintenance, overhaul, replacement, inspection, and life limit requirements.

14. The operator must carry out its maintenance, inspections, and record keeping

requirements, in accordance with the operating documents. Maintenance, 

inspection, alterations, and status of replacement/overhaul component parts must 

be noted in the aircraft records, including total time in service, description of 
19

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 have completed at least 25 hours of flight time.

18. The operator may not permit any PIC to operate unless the PIC meets the

operator’s qualification criteria and demonstrates the ability to safely operate the 

UAS in a manner consistent with how the UAS will be operated under the 

exemption, including evasive and emergency maneuvers and maintaining 

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

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

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

under the terms of the exemption. However, training operations may only be 

conducted during dedicated training sessions. During training, proficiency, and 

experience-building flights, all persons not essential for flight operations are 

considered nonparticipants, and the PIC must operate the UA with appropriate 

distance from nonparticipants in accordance with 14 C.F.R. § 91.119. 

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

1.1. All operations must be conducted under visual meteorological conditions 

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

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

rules (SVFR) are not authorized.

20. The UA may not operate within 2 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 400 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 

predetermined location within the planned operating area and land or be 

recovered in accordance with the operating documents.
20

23. The PIC must abort the flight in the event of unpredicted obstacles or

emergencies in accordance with the operating documents.

24. The PIC is prohibited from beginning a flight unless (considering wind and

forecast weather conditions) there is enough power to fly at normal cruising 

speed to the intended landing point and land the UA with 25% battery power 

remaining.

25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate 

of Waiver or Authorization (COA) prior to conducting any operations under the 

grant of exemption. This COA will also require the operator to request a Notice 

to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 

hours prior to the operation. All operations shall be conducted in accordance 

with airspace requirements in the ATO issued COA including class of airspace, 

altitude level and potential transponder requirements.

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

serial number, registered in accordance with 14 C.F.R. part 47, and have 

identification (N- Number) markings in accordance with 14 C.F.R. part 45, 

Subpart C. Markings must be as large as practicable.

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

and control of the UA must comply with the Federal Communications 

Commission (FCC) or other appropriate government oversight agency 

requirements.

28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must beavailable 

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 
21

protection and are within 500 feet of the UA, flight operations must cease 

immediately and/or;

b. The aircraft is operated near vessels, vehicles or structures where the

owner/controller of such vessels, vehicles or structures has granted 

permission and the PIC has made a safety assessment of the risk of 

operating closer to those objects and determined that it does not present an 

undue hazard, and;

c. Operations nearer to the PIC, SO, operator trainees or essential persons do 

not present an undue hazard to those persons per § 91.119(a).

32. All operations shall be conducted over private or controlled-access property with 

permission from the land owner/controller or authorized representative. 

Permission from land owner/controller or authorized representative will be 

obtained for each flight to be conducted.

33. Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA must be 

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

Accidents must be reported to the National Transportation Safety Board (NTSB) 

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

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

(b) Would Not Adversely Affect Safety.

Aerial Vistas LLC 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 UASs 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 Aerial Vistas LLC's proposed area of operations, and the operating 

limitations set forth-above; the parallel nature of 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, Aerial Vistas LLC submits that the 

additional manned airmanship experience of a commercially certificated pilot would not 

correlate to the airmanship skills necessary for Aerial Vistas LLC's specific proposed 

flight operations. 

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

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

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

11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161). 
22

Aerial Vistas LLC 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 Aerial Vistas LLC's proposed operations. The Administrator has held that 

prior documented flight experience that was obtained in compliance with applicable 

regulations would ensure safe operations, stating as follows: 

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

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

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

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

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

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

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

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

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

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

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

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

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

Exemption No. 11062 are appropriate to practice and build proficiency in the 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 experiencebuilding 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. 
23

Accordingly, Aerial Vistas LLC 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, Aerial Vistas LLC 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 UA 

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

This altitude information, combined with Aerial Vistas LLC'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 

UASs; (2) the limitations on the proposed flight operations; and (3) the location of the 

proposed flight operations. Accordingly, Aerial Vistas LLC will ensure that it will safely 
24

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 13.5 minutes to the first point of 

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

minutes. 

Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom 3 UASs; 

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 UASs 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 UASs will descend and land automatically. 

Significantly, previous exemptions granted by the FAA concerning Section 91.151 establish 

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

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

operate at less than the minimums prescribed in Section 91.151, including Exemption Nos. 

2689, 5745, and 10650. Moreover, the FAA has previously granted relief from Section 

91.151 specific to UAS, in circumstances similar, in all material respects, to those presented 

herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 

11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 

11159, 11160, 11161). 

6. Reasons Why An Exemption From The Requirements Of Sections 

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

Not Adversely Affect Safety.

In seeking this exemption, Aerial Vistas LLC 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 

Aerial Vistas LLC will use trained technicians to perform maintenance, alterations, or 

preventive maintenance on the UASs using the methods, techniques, and practices 

prescribed in the operating documents (i.e., the Aerial Vistas LLC Aerial Operations 

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

Aerial Vistas LLC will document and maintain all maintenance records for the DJI Phantom

3 UASs. 

Since the DJI Phantom 3 UASs will be inspected as prescribed by the operating documents, 

Aerial Vistas LLC 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 Exhibit B; a copy of the DJI Phantom 3 UAS Maintenance LOG is 

attached hereto as Exhibit C. 
25

Likewise, the exemption sought will not adversely affect safety because Aerial Vistas LLC

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

UASs 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 Aerial Vistas LLC's proposed operating limitations, the operating 

documents, and the technical aspects of the DJI Phantom 3 UASs, Aerial Vistas LLC

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, Aerial Vistas LLC requests that 

the FAA prescribe special conditions for the intended operation of the DJI Phantom 3 

UASs, 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 UASs, 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 
26

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 Aerial Vistas LLC’s intended operation of the DJI 

Phantom 3 UASs, 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 Aerial Vistas LLC Seeks Exemption: 

Aerial Vistas LLC 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). 

Brief Description Of The Nature Of The Exemption Aerial Vistas LLC Seeks: 

This exemption will permit Aerial Vistas LLC 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 Aerial 

Vistas LLC's Request. 

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 

(FMRA) Section 333, which directs the Secretary of Transportation to determine if certain 

UAS may operate safely in the NAS. As such, Aerial Vistas LLC's request for exemption 

may be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as set 

forth above. 
27

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, Aerial Vistas LLC will operate the DJI Phantom 

3 UAS’s safely in the NAS, without creating a hazard to users of the NAS, or 

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

CONCLUSION

As set forth herein, Aerial Vistas LLC 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 UASs 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 

Aerial Vistas LLC to safely, efficiently, and economically operate the DJI Phantom 3 

UASs commercially within the NAS. 

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

Modernization and Reform Act of 2012, Section 333, Aerial Vistas LLC 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 Aerial Vistas LLC to operate the DJI 

Phantom 3 UASs commercially for the purpose of conducting aerial video and photography 

over certain areas of the United States.

Dated: September 15, 2015

Respectfully submitted, 

Aerial Vistas LLC

_________________________

Aerial Vistas LLC

350 W Caledonia St 

Howell, MI. 48843

(517)545-3767

Email: bjonckhe@gmail.com

Appendices:

A – DJI Phantom 3 Specifications Data Sheet 

B – DJI Phantom 3 Manufacturer’s User Manual

C – Monthly Maintenance Log
28

APPENDIX – A

DJI Phantom 3 Advanced TECHNICAL SPECIFICATIONS

Aerial Vistas LLC only utilizes safe and reliable UASs. DJI is an industry leader in small 

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

set parameters which will not allow flight into controlled airspace. Parameters can also be 

set to limit flight to no higher than a predetermined and set altitude as well as limit flight to 

a predetermined and set distance. In addition, DJI software provides real-time altitude and 

location information to the PIC via the linked monitor (smart phone/tablet devices)

1.1 DJI Phantom 3 Advanced

1.1.1 Aircraft

1.1.1.1 Supported Battery – DJI 4480mAH LiPo Battery

1.1.1.2 Weight (Battery & Propellers Included) – 2lbs 12oz 1280g

1.1.1.3 Hover Accuracy (Ready to Fly) – Vertical: 0.1m; Horizontal: 1m 

1.1.1.4 Max Flight time - Approximately 23 minutes

1.1.1.5 Max Tilt Angel - 350

1.1.1.6 Max Ascent Speed – 5m/s

1.1.1.7 Max Descent Speed – 3m/s

1.1.1.8 Max Flight Speed – 16m/s (NOT RECOMMENDED)

1.1.1.9 Operating Temperature - 0oC - 40oC 1.1.1.10 Max Flight Altitude - 6000m 

1.1.1.11 GPS Mode - GPS/GLONASS

1.1.2 Gimbal

1.1.2.1 Controllable Range – Pitch: -900 +300

1.1.3 Camera

1.1.3.1 Sensor - Sony EXMOR 1/2.3" 1.1.3.2 Lens - FOV 94o 20mm (35mm format 

equivalent) f/2.8

1.1.3.3 Effective Pixels – 12.4M

1.1.3.4 Resolution – 4384x3288

4.1.3.5 HD Video Recording – 4K, 1080p & 720p

4.1.3.6 Image Max Size - 4000 x 3000

1.1.4 Remote Controller

1.1.4.1 Operating Frequency – 2.400GHz – 2.483GHz

1.1.4.2 Communication Distance (unobstructed) - 2000m

1.1.4.3 Battery - 6000 mAh LiPo 2s

1.1.4.4 Transmitter Power – FCC: 20dbm CE: 16 dbm

1.1.4.5 Working Voltage – 1.2 A @7.4 V
29

APPENDIX – B

DJI Phantom 3 Advanced Manufacturer’s User Manual can be found at

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

APPENDIX – C
30

MONTHLY MAINTENANCE LOG

month:_________(year:________

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

Other: