Petition for Exemption under Section 333

from certain sections of the 14 C.F.R. Chapter I

1 Summary

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

91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), to operate an Unmanned 

Aircraft System (DJI Phantom 3) pursuant to Section 333 of the FAA Modernization and Reform Act of 

2012 (FMRA). This exemption will permit Obsidian, Inc. to operate an Unmanned Aircraft System (UAS) 

for the commercial purpose of inspecting and documenting historic structures to safely determine if they 

can be renovated or if they should be demolished. The aircraft will also be used to conduct aerial 

documentation of construction projects, general real estate inspection and generally provide safe a 

convenient exploratory services to local governments, contractors, surveyor, and real estate professionals. 

2 Introduction and Interests of the Petitioner

Obsidian, Inc. is a civil/structural engineering firm. Obsidian, Inc. inspects properties and prepares plans 

for the renovation or demolition of the properties. The objective of Obsidian, Inc. is to use an unmanned 

aircraft system (DJI Phantom 3) to provide a safer inspection process for a variety of governmental, 

commercial, public, and residential interests.

3 Background

Obsidian, Inc. seeks an exemption to operate for compensation or hire within the United States of 

America a UAS:

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 Altitude Above Sea Level 6000 m

Operating Temperature 0°C to 40°C

GPS Mode GPS/GLONASS

DJI Phantom 3, operated by Obsidian, Inc., 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.
4 Basis for Petition

The petitioner, Obsidian, Inc., pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 

11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain 

Unmanned Aircraft Systems, hereby petitions the Administrator to commercially operate the DJI 

Phantom 3, UAS in the National Airspace System (NAS), and for an exemption from the requirements of 

14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 

91.417(a) & (b).

In accordance with 14 C.F.R. § 11.81, Obsidian, Inc. provides the following information in support of its 

petition for exemption:

4.1 Name and Address of the Petitioner

Charles R. Field, P.E.

Obsidian, Inc.

515 North 22nd Street

Richmond, VA 23223

4.2 Sections of 14 C.F.R. from which Obsidian, Inc. seeks exemption.

4.2.1 Section 61.113, (a) and (b) entitled “Private pilot privileges and limitations: Pilot in command”

4.2.1.1 Relevant Section Language

(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.

4.2.1.2 Extent and Reason for Relief Sought

Obsidian seeks relief from certain requirements of Section 61.113(a) and (b), entitled “Private pilot 

privileges and limitations: Pilot in command” to allow a Pilot in Command (PIC) having

• a private pilot or higher level certificate
• 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),

• accomplished 3 takeoffs and landings in the preceding 90 days (for currency purposes), and 

• been trained to safely operate the UAS in a manner consistent with this exemption, including 

evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, 

vehicles and structures

to conduct the proposed UAS flight operations for compensation or hire.

Further, Obsidian, Inc. 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 Obsidian, Inc.’s business; and (2) will not carry 

passengers or property for compensation or hire.

4.2.2 Section 91.7, entitled “Civil Aircraft Airworthiness”, subsection (a),

4.2.2.1 Relevant Section Language

(a) No person may operate a civil aircraft unless it 

is in an airworthy condition.

4.2.2.2 Extent and Reason for Relief Sought

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

allow Obsidian, Inc. 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., Monthly 

Maintenance Log, Appendix A - DJI Phantom 3 User Manual).

Obsidian, Inc. seeks the requested relief because the DJI Phantom 3 UAS do not require an airworthiness 

certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Obsidian, Inc. will ensure that the 

DJI Phantom 3 UAS are in airworthy condition based upon its compliance with the operating documents 

(i.e., Monthly Maintenance Log, Appendix A - DJI Phantom 3 User 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.

4.2.3 Section 91.121, entitled “Altimeter settings”, subsection (a)

4.2.3.1 Relevant Section Language

(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.

4.2.3.2 Extent and Reason for Relief Sought

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), Obsidian, Inc. 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.

4.2.4 Section 91.151(b), entitled “Fuel requirements for flight in VFR conditions”, subsection (b)

4.2.4.1 Relevant Section Language

(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.

4.2.4.2 Extent and Reason for Relief Sought

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 15

minutes. Obsidian, Inc. seeks the requested relief because the DJI Phantom 3 cannot meet the Section 

91.151(b) fuel requirements.

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

operating documents, and Obsidian, Inc.’s proposed operating limitations, ensure that Obsidian, Inc. 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 15 minutes.

4.2.5 Section 91.405(a), entitled “Maintenance required”, subsection (a), 

4.2.5.1 Relevant Section Language

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[.]

4.2.5.1 Extent and Reason for Relief Sought

Since Section 91.405(a), only applies to aircraft with an airworthiness certificate, Obsidian, Inc. requests 

relief from these Sections because the DJI Phantom 3 UAS do not require airworthiness certificates. As set 

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

without an airworthiness certificate. Accordingly, Obsidian, Inc. will use trained technicians to perform 

preventive maintenance or alterations on the UAS using the methods, techniques, and practices 

prescribed in the UAS operating documents (i.e., Monthly Maintenance Log, Appendix A - DJI Phantom 

3 User Manual). Furthermore, Obsidian, Inc. will document and maintain all maintenance records for the 

DJI Phantom 3 UAS.

4.2.6 Section 91.407(a)(1), entitled “Operation after maintenance, preventive maintenance, rebuilding, 

or alteration”, subsection (a)(1)

4.2.6.1 Relevant Section Language

(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[.]

4.2.6.2 Extent and Reason for Relief Sought

Since Section 91.407(a)(1) applies to aircraft with an airworthiness certificate, Obsidian, Inc. requests relief 

from these Sections because the DJI Phantom 3 UAS do not require airworthiness certificates. As set forth 

more fully below, the DJI Phantom 3 UAS meet the conditions of FMRA Section 333 for operation without 

an airworthiness certificate. Accordingly, Obsidian, Inc. will use trained technicians to perform 

preventive maintenance or alterations on the UAS using the methods, techniques, and practices 

prescribed in the UAS operating documents (i.e., Monthly Maintenance Log, Appendix A - DJI Phantom 

3 User Manual). Furthermore, Obsidian, Inc. will document and maintain all maintenance records for the 

DJI Phantom 3 UAS.
4.2.7 Sections 91.409(a)(1) And 91.409(a)(2), entitled “Inspections”, subsection (a)

4.2.7.1 Relevant Section Language

(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.

4.2.7.2 Extent and Reason for Relief Sought

Since Sections 91.409(a)(1) & (a)(2) applies to aircraft with an airworthiness certificate, Obsidian, Inc. 

requests relief from these Sections because the DJI Phantom 3 UAS do not require airworthiness 

certificates. As set forth more fully below, the DJI Phantom 3 UAS meet the conditions of FMRA Section 

333 for operation without an airworthiness certificate. Accordingly, Obsidian, Inc. will use trained 

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

and practices prescribed in the UAS operating documents (i.e., Monthly Maintenance Log, Appendix A -

DJI Phantom 3 User Manual). Furthermore, Obsidian, Inc. will document and maintain all maintenance 

records for the DJI Phantom 3 UAS.

4.2.8 Sections 91.417(a) And 91.417(b), entitled “Maintenance records”, subsections (a) and (b)

4.2.8.1 Relevant Section Language

(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.

(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.
4.2.8.2 Extent and Reason for Relief Sought

Since Sections 91.417(a) & (b) applies to aircraft with an airworthiness certificate, Obsidian, Inc. requests 

relief from these Sections because the DJI Phantom 3 UAS do not require airworthiness certificates. As set 

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

without an airworthiness certificate. Accordingly, Obsidian, Inc. will use trained technicians to perform 

preventive maintenance or alterations on the UAS using the methods, techniques, and practices 

prescribed in the UAS operating documents (i.e., Monthly Maintenance Log, Appendix A - DJI Phantom 

3 User Manual). Furthermore, Obsidian, Inc. will document and maintain all maintenance records for the 

DJI Phantom 3 UAS.

5 The reasons why granting Obsidian, Inc.’s request would be in the public interest and how it 

would benefit the public as a whole.

Granting the present Petition will further the public interest by allowing Obsidian, Inc. to safely, 

efficiently, and economically perform structural and construction inspections. 

5.1 Inspections

Aerial inspections performed by the UAS will be used to document historic structures and safely 

determine if they can be renovated or if they should be demolished. This service will reduce the need for 

local government officials or other interested parties to enter the unsafe buildings, climb ladders propped 

against collapsing structures or attempting renovate a structure that cannot be properly inspected from 

the ground.

Using UAS to conduct aerial documentation of construction projects and general real estate inspections 

will provide safe a convenient exploratory services to local governments, contractors, surveyor, and real 

estate professionals will reduce the risk of low posed by low altitude flights by traditional aircraft.

5.2 Privacy issues

The UAS will only be used over property with the owner’s or authorized government representative’s

permission and on their behalf so the UAS will not be flown where it can be used to violate anyone’s 

privacy.

6 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 Obsidian, Inc. seeks exemption.

The low weight, low altitude, limited range and low velocity, in addition to the restriction of using the 

UAS only over a particular property with the owner’s knowledge and consent, will reduce the danger 

posed by an aerial survey by traditional means.

7 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, Obsidian, Inc.’s operation of the DJI Phantom 3 UAS meet the conditions of 
FMRA Section 333, and will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, 

Subpart H.

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

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

otherwise pose a threat to national security. Specifically, FMRA Section 333 states the following, in part:

(a) In General.--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. 15

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

making the determination under subsection (a), the 

Secretary shall determine, at a minimum—

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

as a result of their size, weight, speed, operational 

capability, proximity to airports and populated

areas, and operation within visual line of sight do 

not create a hazard to users of the national airspace 

system or the public or pose a threat to national

security; and

(2) whether a certificate of waiver, certificate of 

authorization, or airworthiness certification under 

section 44704 of title 49, United States Code, is 

required for the operation of unmanned aircraft 

systems identified under paragraph (1).

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

Secretary determines under this section that certain 

unmanned aircraft systems may operate safely in the 

national airspace system, the Secretary shall 

establish requirements for the safe operation of such

aircraft systems in the national airspace system.

In seeking this exemption, Obsidian, Inc. 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 does not create a hazard to users of the NAS or the public, or otherwise pose a 

threat to national security considering its size, weight, speed, and operational capability.
7.1 Technical specifications of the DJI Phantom 3 UAS. 

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

attached hereto as Appendix A.

7.1.1 The DJI Phantom 3 UAS global positioning modes enable the UAS to remain within a defined 

operational area.

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

complete description of the flight and navigational modes of the DJI Phantom 3 UAS is provided at pages 

12 of the DJI Phantom 3 User Manual attached hereto as Appendix A.

7.1.2 The DJI Phantom 3 UAS are designed for automatic return to home point or hover in the event of 

loss of the control link or navigation.

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

more. If, after 3 seconds, the DJI Phantom 3 UAS does not reacquire control link data from the GCS, the 

UAS will assume that the Control Link is lost and the 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 pages 13 through 15 of the DJI Phantom 3 User 

Manual, attached hereto as Appendix A.

7.1.3 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 24 through 33 of the DJI Phantom 3 User Manual. DJI Phantom 3 User 

Manual is attached hereto as Appendix A.

7.1.4 Flight operations of DJI Phantom 3 UAS is limited to the line of sight of a qualified pilot in 

command with a safety observer.

Obsidian, Inc. will use as its Pilot In Command (PIC) of the DJI Phantom 3 UAS only personnel that have 

met the qualifications outlined in Section 4.2.1. Additionally, a safety observer will assist him at all times 

during flight time.

7.1.5 Flights of DJI Phantom 3 UAS Will Be Conducted Pursuant To Specific Operating Limitations.

In seeking this exemption, Obsidian, Inc. proposes to commercially operate DJI Phantom 3 UAS for the 

special purpose of conducting construction and real estate inspections 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 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 construction and real estate 

inspections.

3. The UAS may not be flown at an indicated airspeed exceeding 5 knots.
4. The UA must be operated at an altitude of no more than 200 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 except for 

situations where the UAS is flown in the interior of empty and abandoned buildings where entry 

would not be safe.

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 the FAA 

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

The FAA’s UAS Integration Office (AFS-80) may be contacted if questions arise regarding 

updates or revisions to the operating documents.

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

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

prohibited from operating until the necessary maintenance has been performed and the UAS is 

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

preflight inspection. All maintenance and alterations must be properly documented in the aircraft 

records.

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

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

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

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

components, items, or equipment, not already covered in the relevant sections of the operating 

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

replacement, inspection, and life limit requirements.

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

accordance with the operating documents. Maintenance, inspection, alterations, and status of 

replacement/overhaul component parts must be noted in the aircraft records, including total time 

in service, description of work accomplished, and the signature of the authorized person 

returning the UAS to service.

15. Each UAS operated under this exemption must comply with all manufacturer Safety Bulletins.

16. The authorized person must make an entry in the aircraft record of the corrective action taken 

against discrepancies discovered between inspections.

17. The PIC must have a private pilot or higher level certificate, 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), accomplished 3 takeoffs and landings in the 

preceding 90 days (for currency purposes), and been trained to safely operate the UAS in a 

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

maintaining appropriate distances from people, vessels, vehicles and structures

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

criteria and demonstrates the ability to safely operate the UAS in a manner consistent with how 

the UAS will be operated under the exemption, including evasive and emergency maneuvers and 

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

qualification flight hours must be logged in a manner consistent with 14 C.F.R. § 61.51(b). Flights 

for the purposes of training the operator’s PICs are permitted under the terms of the exemption.

However, training operations may only be conducted during dedicated training sessions. During 

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

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

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

19. UAS operations may not be conducted during night, as defined in 14 C.F.R. § 1.1. All operations 

must be conducted under visual meteorological conditions (VMC). If flight at night is required, a 

special request will be made at the FAA office closest to proposed area of operations. Flights 

under special visual flight rules (SVFR) are not authorized.

20. The UA may not operate within 5 nautical miles of an airport reference point as denoted on a 

current FAA-published aeronautical chart unless a letter of agreement with that airport’s 

management is obtained, and the operation is conducted in accordance with a NOTAM as 

required by the operator’s COA. The letter of agreement with the airport management must be 

made available to the Administrator upon request.

21. 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 predetermined location 

within the planned operating area and land or be recovered in accordance with the operating 

documents.

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

with the operating documents.
24. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather 

conditions) there is enough power to fly at normal cruising speed to the intended landing point 

and land the UA with 25% battery power remaining.

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

Authorization (COA) prior to conducting any operations under the grant of exemption. This 

COA will also require the operator to request a Notice to Airman (NOTAM) not more than 72 

hours in advance, but not less than 48 hours prior to the operation. All operations shall be 

conducted in accordance with airspace requirements in the ATO issued COA including class of 

airspace, altitude level and potential transponder requirements.

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

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

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

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

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

government oversight agency requirements.

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

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

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

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

activities at all times.

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

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

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

unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons from 

the UA and/or debris in the event of an accident. The operator must ensure that 

nonparticipating persons remain under such protection. If a situation arises where 

nonparticipating persons leave such protection and are within 500 feet of the UA, flight 

operations must cease immediately and/or;

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.
7.1.6 Reasons why an exemption from the requirements of Section 61.113(a) and (b) would not 

adversely affect safety.

Obsidian, Inc. 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 Obsidian, Inc.’s proposed area of operations, and the operating limitations set forth-above; 

the parallel nature of private pilot aeronautical knowledge requirements to those of commercial pilot 

requirements (See Exemption No. 11062); and the airmanship skills necessary to safely operate the DJI 

Phantom 3 UAS, Obsidian, Inc. submits that the additional manned airmanship experience of a 

commercially certificated pilot would not correlate to the airmanship skills necessary for Obsidian, Inc.’s 

specific proposed flight operations.

Obsidian, Inc. 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 Obsidian, Inc.’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 

construction and real estate inspections, 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.

Accordingly, Obsidian, Inc. 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.

7.1.7 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, Obsidian, Inc. 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.

7.1.8 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 Obsidian, Inc.’s operation of the DJI 

Phantom 3 UAS within visual line of sight, at or below 200 feet AGL, will ensure a level of safety 

equivalent to Section 91.121. The altitude information will be generated by GPS equipment installed 

onboard the aircraft. Prior to each flight, a zero altitude initiation point is automatically established by the 

UAS at ground level.

7.1.9 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, Obsidian, 

Inc. will ensure that it will safely operate the battery powered DJI Phantom 3 UAS during daylight hours 

in VFR conditions, with enough battery power to fly for a total duration of 23 minutes.

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

on the proposed flight operations; and the location of the proposed operations, will ensure an equivalent 

level of safety established by 14 C.F.R. Section 91.151(b). Furthermore, safety will be ensured as the DJI 

Phantom 3 UAS provide audible and visual warnings to the PIC at the GCS when the UAS experiences 

low battery voltage, the first warning occurring at approximately 33% remaining battery power, and 
again at approximately 10% remaining battery power. At the critically low battery level, the DJI Phantom 

3 UAS will descend and land automatically.

7.1.10 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, Obsidian, Inc. 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 Obsidian, Inc. 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., Obsidian, Inc. Aerial Operations Manual,

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

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 Manuals are attached hereto as Appendix A.

Likewise, the exemption sought will not adversely affect safety because Obsidian, Inc. will use trained 

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

methods, techniques, and practices prescribed by the operating documents.

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

91.407, 91.417(a) and 91.417(b), because all maintenance of the DJI Phantom 3 UAS will be performed by 

trained technicians. Maintenance will be documented and maintained utilizing the monthly maintenance 

log.

Significantly, previous exemptions granted by the FAA concerning Sections 91.405(a), 91.407(a)(1), 

91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not adversely affected when the technical 

characteristics and operating limitations of the UAS are considered.

In consideration of Obsidian, Inc.’s proposed operating limitations, the operating documents, and the 

technical aspects of the DJI Phantom 3 UAS, Obsidian, Inc. 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).

7.1.11 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, Obsidian, Inc. requests that the FAA prescribe special conditions for 

the intended operation of the DJI Phantom 3 UAS, which contain such safety standards that the 

Administrator finds necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 

21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 

91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions will permit safe operation of the UAS for 

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

for compensation or hire. FMRA Section 333 sets forth the requirements for considering whether a UAS 
will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and 

further, provides the authority for such UAS to operate without airworthiness certification in accordance 

with any requirements that must be established for the safe operation of the UAS in the NAS.

Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for operation 

of the DJI Phantom 3 UAS, since the airworthiness regulations of 14 C.F.R. Part 21 do not contain 

adequate or appropriate safety standards, due to the novel or unusual design features of the aircraft. 

Section 21.16, entitled Special Conditions, states the following:

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

appropriate safety standards for an aircraft, aircraft engine, or propeller because of a novel or unusual 

design feature of the aircraft, aircraft engine or propeller, he prescribes special conditions and 

amendments thereto for the product. The special conditions are issued in accordance with Part 11 of this 

chapter and contain such safety standards for the aircraft, aircraft engine or propeller as the FAA finds 

necessary to establish a level of safety equivalent to that established in the regulations.

See 14 C.F.R. § 21.16.

Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may 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 25 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).

8 A summary that can be published in the Federal Register, stating: The Rules from Which 

Obsidian, Inc. Seeks Exemption:

Obsidian, Inc. 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).

9 A brief description of the nature of the exemption Obsidian, Inc. Seeks: 

This exemption will permit Obsidian, Inc. to commercially operate an Unmanned Aircraft System (UAS) 

for the purpose of conducting construction and real estate related inspections over certain areas of the 

United States.

10 Any additional information, views, or arguments available to support Obsidian, Inc.’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, Obsidian, Inc.’s request for exemption may be granted pursuant to 

the authority of FMRA Section 333 and 14 C.F.R. Part 11, as set forth above.
FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to 

users of the NAS or the public, or otherwise pose a threat to national security; and further, provides the 

authority for such UAS to operate without airworthiness certification.

As discussed in detail above, Obsidian, Inc. 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.

11 Conclusion

As set forth herein, Obsidian, Inc. 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 Obsidian, Inc. to safely, efficiently, and 

economically operate the DJI Phantom 3 UAS commercially within the NAS.

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

Reform Act of 2012, Section 333, The ALTEK MEDIA GROUP respectfully requests that the 

Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections 61.113(a) & 

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

Leading Edge to operate the DJI Phantom 3 UAS commercially for the purpose of conducting 

construction and real estate inspections over certain areas of the United States.
Appendix A

Phantom 3 Professional User Manual