U.S. Department of Transportation

Stephen J Spartana – Petition for Exemption – FAA Section 333

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Stephen Spartana

6706 Selkirk Road

Baltimore, MD 21239

410-458-5663

stephen@spartana.com

October 29, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave. SE

Washington, DC 20590

Re: Petition of Stephen J Spartana for Grant of Exemption Pursuant

to Section 333 of the FAA Modernization and Reform Act of 2012.

To Whom It May Concern:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform 

Act), Stephen J Spartana(SJS) applies for an exemption form the Federal Aviation Regulations 

(FARs) listed below to allow operation of the Unmanned Aircraft System(UAS) commercially in 

airspace regulated by the Federal Aviation Administration(FAA), so long as such operations are 

conducted with and under the conditions outlined herein or as may be established by the FAA as 

required by Section 333.

The requested exemption would permit SJS to pursue his commercial interests in 

providing services to clients using small advanced UAS in the following areas:

• Video & Photography Production

• Marketing

• Industrial Inspection

• Special Events

The petitioner has provided the following information to support his request for an exemption:

• Attachment 1_ DJI Safety Guidelines

• Available upon request: Phantom 3 Professional User Manual v1.0 

• Available upon request: DJI Phantom 3 Professional Quick Start Guide

Title 14, Code of Regulations sections from which exemption is requested:

14 C.F.R. §§ 61.113(a) & (b); 61.133; 91.7(a); 91.9(b); 91.109; 91.119; 91.121;

91.151(a); 91.203(a) & (b); 91.407 – 91.417.
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Summary

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

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

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

Reform Act of 2012 (FMRA). This exemption will permit SJS to operate an Unmanned Aircraft 

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

marketing, industrial inspection and special events.

The objective of SJS and his aerial operations is to provide high quality imaging for a 

variety of commercial, public, and non-profit clients.

The DJI Phantom 3 Professional UAV, powered by batteries, is smaller, lighter, requires 

no fuel, and more maneuverable than larger aircraft running on combustible fuel, it operates at 

lower altitudes with no people on board and will thereby reduce current risk levels and thereby 

enhance safety and diminish the likelihood of death or serious bodily injury. With a small 

payload and maximum flight time of only 25 minutes with maximum air speed of 30 knots, this 

offers little or no risk to national security.

Low-level oblique photos and video from several angles are far more effective than 

ground based imagery for displaying the characteristics of large, complex properties with several 

buildings and large trees. The applicants in the past have chartered 2-seat full-sized helicopters 

for this purpose, which has proven more costly than many potential clients have been able to 

afford. The benefits of reduced cost and improved quality of presentation from the UAV will be 

valuable to and benefit many clients for marketing, inspection and event purposes.

Unmanned Aircraft System

SJS seeks an exemption to operate a DJI Phantom 3 Professional system for 

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

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

electronic tablet or smart phone systems. The DJI Phantom 3 has a maximum gross weight of 6 

pounds 7.5 ounces, a length of 17.3 inches, width of 17.7 inches, height of 11.8 inches, and a 

maximum speed of approximately 42 knots. The DJI Phantom 3 UA is equipped with four main 

rotors; driven by lithium polymer battery powered electric motors.

Basis for Petition

Petitioner, SJS, 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 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).
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In consideration of the speed, weight, size, and limited operating area associated with the 

unmanned aircraft and its operation, SJS’ operation of DJI Phantom 3 UAS meets the conditions 

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

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

Accordingly, SJS requests relief form Sections 91.405(a), 91.407(a)(1) & (a)(2), and 

91.417(a) & (b), as these sections set forth requirements for maintenance that only apply to 

aircraft with an airworthiness certificate.

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

ensured. SJS will use experienced personnel or technicians to preform maintenance, alterations, 

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

in the operation documents (i.e., Monthly Maintenance Log and DJI Phantom 3 instruction 

Manual). Furthermore, SJS will document and maintain all maintenance record for the DJI 

Phantom 3 UAS.

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

privileges and limitations: Pilot in command, is requested by SJS to the extent necessary to allow 

a Pilot in Command (PIC) holding a private pilot or higher level certificate, as well as an airman 

medical certificate, and who has demonstrated, by meeting minimum flight-hour and currency 

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

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

appropriate distances from people, vessels, vehicles and structures.

SJS seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, because the 

DJI Phantom 3 UAS does not require an airworthiness certificate in accordance with 14 C.F.R. 

Part 21, Subpart H. As such, SJS submits that he will ensure that the DJI Phantom 3 UA is in an

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

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

Manual), and that the aircraft is in a condition for safe flight.

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

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

However, altitude information of the DJI Phantom 3 UA will be provided to the PIC via Global 

Positioning System (GPS) equipment and radio communications telemetry data link, which 

downlinks from the UA to the GCS for active monitoring of the flight path. This altitude 

information, combined with SJS’ operation of the DJI Phantom 3 UAS is within visual line of 

sight, at or below 400 feet AGL, will ensure a level of safety equivalent to Section 91.121.
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Additionally, SJS seeks an exemption from the requirements of Section 91.151(b), 

entitled Fuel requirements for flight in VFR conditions. SJS submits that safety will not be 

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

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

duration of approximately 20 minutes to the first point of intended landing and, assuming normal 

cruising speed, to fly after that for at least 4.5 minutes.

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

of its petition for exemption:

A. Name and Address of The Petitioner:

Stephen J Spartana

6706 Selkirk Rd.

Baltimore, MD 21239

410-458-5663

stephen@spartana.com

B. The Specific Sections of 14 C.F.R. From Which SJS Seeks Exemption.

1. SJS 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.

Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations: Pilot in 

command, is requested to the extent necessary to allow a PIC holding a private pilot or higher 

level certificate, as well as a current and valid airman medical certificate, and who has met 

certain flight-hour and currency requirements, to conduct the proposed UAS flight operations for

compensation or hire. This relief is requested since the limitations set forth in Section 61.113(a) 

and (b) state that a private pilot may, for compensation or hire, act as PIC of an aircraft in 

connection with any business or employment if:
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(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, SJS submits that an equivalent level of safety will be maintained 

because no PIC will be allowed to operate the DJI Phantom 3 UAS unless that PIC has met

certain flight-hour and currency requirements, demonstrating that the PIC is able to safely 

operate the DJI Phantom 3 UAS in a manner consistent with the operations specifications as 

described in this exemption, including evasive and emergency maneuvers, as well as maintaining 

appropriate distances from people, vessels, vehicles and structures.

Further, SJS 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 SJS’ business; and (2) will not carry passengers 

or property for compensation or hire.

2. SJS 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.

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

required to allow SJS to determine that the DJI Phantom 3 UAS is in airworthy condition prior to 

every flight by ensuring that the UAS is in compliance with the operating documents (i.e., the 

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

SJS seeks the requested relief because the DJI Phantom 3 UAS does not require an

airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, SJS will 

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

operating documents (i.e., Monthly Maintenance Log, and the 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. SJS 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;
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(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.

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), SJS 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 UA's altitude information 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.

4. SJS 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.

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

requested to the extent required to allow flights of the battery powered DJI Phantom 3 UA during 

daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a 

total duration of 20 minutes to the first point of intended landing and, assuming normal cruising 

speed, to fly after that for at least 4.5 minutes. SJS seeks the requested relief because without an 

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

3 UA will severely constrain the practicality of any aerial video or still photo flight operations 

that SJS proposes to conduct pursuant to this Petition.
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Significantly, as set forth below, the technical specifications of the DJI Phantom 3 UAS's 

operating documents, SJS’ proposed operating limitations, ensure that SJS will safely

operate the battery powered DJI Phantom 3 UA during daylight hours in visual meteorological

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

duration of 20 minutes to the first point of intended landing and, assuming normal cruising 

speed, to fly after that for at least 4.5 minutes.

5. SJS 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. SJS 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. SJS Seeks Exemption From The Requirements Of Sections 91.409(a)(1) And 

91.409(a)(2).

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

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

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

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

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

(2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of 

this chapter.
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8. SJS 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.

(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.
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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, SJS requests relief from these Sections because the DJI

Phantom 3 UAS does not require an airworthiness certificate. As set forth more fully below, the 

DJI Phantom 3 UAS meets the conditions of FMRA Section 333 for operation without an 

airworthiness certificate. Accordingly, SJS 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., Monthly Maintenance Log, and the DJI 

Phantom 3 Instruction Manual). Furthermore, SJS will document and maintain all maintenance 

records for the DJI Phantom 3 UAS.

Public Interest and Safety

Use of the UAS in lieu of a manned aircraft would enhance safety and reduce the

environmental impact as compared to similar operations conducted with manned aircraft

of greater proportions, carrying a crew and flammable fuel. Additionally, use of the UAS

in order to facilitate commerce could lead to economic growth. Operations for this

petition will enable service for clients seeking an enhanced perspective for characteristics, 

amenities, and benefits of their desired photographic subjects that cannot be displayed through 

ground level videography/photography. Aerial videography is a valuable marketing tool that can 

lead to increased commerce. 

UAS Operating Parameters

The petitioner states that he will abide by the following additional operating conditions under 

this exemption:

• Operate his UAS below 400 feet and within a radius distance of 1000 feet from the controller to 

both aid in direct line of sight visual observation.

• Operate the UAS for 20 minutes per flight.

• Land his UAS prior to the manufacturer's recommended minimum level of battery power;

• Operate his UAS only within visual line of sight (VLOS).

• Use the UAS' global positioning system (GPS) flight safety feature whereby it hovers and then 

slowly lands if communication with the remote control pilot is lost.

• Conduct all operations under his own personal and flight safety protocols (including posting a 

warning sign reading: "Attention Aerial Photography in Progress-Remain Back 150 feet") 

contained in the operating documents and will actively analyze flight data and other sources of 

information to constantly update and enhance his safety protocols.

• Contact respective airports if operations will be within 5 miles to advise them of his estimated 

flight time, flight duration, elevation of flight and other pertinent information.

• Always obtain all necessary permissions prior to operation.

• Have procedures in place to abort flights in the event of safety breaches or potential

danger.
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Conclusion

As set forth herein, SJS 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 SJS 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, SJS 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 Stephen J Spartana to operate the DJI Phantom 3 UAS commercially for the purpose of 

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

Dated: October 30, 2015

Respectfully submitted,

Stephen J Spartana
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APPENDIX A-FLIGHT MANUAL

FLIGHT RESTRICTIONS

(a) No flight will be made with a UA Gross weight exceeding 55 pounds;

(b) All operations must occur in FAA Class G airspace at no more than 400' AGL, at an airspeed 

of no more than 25 knots and no further than 3/4 NM from the PIC;

(c) All operations must utilize a visual observer (VO). The VO and PIC must be able to 

communicate verbally at all times during a flight operation;

(d) Operations will be restricted to flights over private property with the permission of the 

property owner;

(e) The PIC must have accumulated and logged, in a manner consistent with 14 CFR § 61.51

(b), a minimum of 100 flight cycles and 25 hours of total time as a UA rotorcraft pilot and at 

least ten hours logged as a UA pilot with a similar UA type;

(f) All required permits will be obtained from state and local government prior to operation;

(g) The UAV System will not be operated over densely populated areas;

(h) The UAV System will not be operated at air shows;

(i) The UAV System will not be operated over any open-air assembly of people;

G) The UAV System will not be operated over heavily trafficked roads;

(k) The UAV System will not be operated within 5 NM of an airport or heliport;

(l) Operations will be restricted to day only and weather conditions equivalent to VFR;

(m) The PIC will brief the VO and property owner about the operation and risk before the first 

flight at each new location;

(n) No flight may be made without a successful Pre-Flight Inspection by the PIC before each 

operation to ascertain that the UAV is in a condition safe for flight.

PRE-FLIGHT CHECKLIST

(1) Use voltmeter to determine that UA battery is fully charged in order to prevent unexpected 

premature descent;

(2) Check all wiring connections are tight;

(3) Check all propellers are undamaged and no cracks exist in any structural members of the 

UAV;

(5) Turn on tablet or smart phone, set it to connect to the UA, move all control switches to 

forward or down position and throttle control stick full back position;

(6) Connect UA main battery, check for contact with UAV's electronic tablet or smart phone 

system;

(7) At a location different from previous flight, re-set GPS and compass to current location;

(8) Turn on transmitter, gimbal and camera.