September 02, 2015

U.S. Department of Transportation

Docket Operations, M-30

1200 New Jersey Avenue, SE

Room W12-140, West Building Ground Floor

Washington, DC 20590-0001

Re: Petition of Distribution Design Consultants (DDC) for an Exemption Pursuant to 

Section 333 of the FAA Modernization and Reform Act of 2012 to Operate an 

Unmanned Aircraft System

Dear Sir or Madam:

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

and 14 C.F.R. Part 11, Distribution Design Consultants (“DDC”) hereby applies for an 

exemption from the Federal Aviation Regulations identified below to allow for the commercial 

operation of the DJI PHANTOM 3 (“the PHANTOM”) and the INSPIRE I (“the INSPIRE”) all 

of which are manufactured by DJI Innovations 

I. REGULATIONS FOR WHICH EXEMPTION IS REQUESTED

DDC requests exemption from the following regulations:

 14 C.F.R Part 21, Subpart H;

 14 C.F.R Part 27;

 14 C.F.R § 45.23(b);

 14 C.F.R. § 45.27(a);

 14 C.F.R § 61.113;

 14 C.F.R § 91.7(a);

 14 C.F.R § 91.9(b)(2);

 14 C.F.R § 91.9(c);

 14 C.F.R § 91.103;

 14 C.F.R § 91.109(a);

 14 C.F.R § 91.119;

 14 C.F.R § 91.121;

 14 C.F.R § 91.151(a) & (b)

 14 C.F.R § 91.203 (a) & (b);

 14 C.F.R § 91.405(a);

 14 C.F.R § 91.407(a)(l);

 14 C.F.R § 91.409(a)(2);

 14 C.F.R § 91.417 (a) & (b).
II. STATUTORY AUTHORITY FOR REQUESTED EXEMPTIONS

This petition for exemption is submitted in accordance with Section 333 of the Reform Act. 

Congress has directed the FAA “to safely accelerate the integration of civil unmanned aircraft 

systems into the national airspace system.” Pursuant to Section 333 of the Reform Act, the FAA 

Administrator is to permit operation of an unmanned aircraft system where it does not create a 

hazard to users of the national airspace system (NAS) or the public or pose a threat to national 

security based on the following considerations:

 The size, weight, speed and operational capability;

 Operation in proximity to airports and populated areas; and

 Operation within visual line of sight of the operator.

Furthermore, the Federal Aviation Act grants the FAA Administrator general authority to grant 

exemptions from the agency’s safety regulations and minimum standards when the 

Administrator decides a requested exemption is in the public interest. See 49 U.S.C. §§ 

106(f), 44701-44716, et seq. A party requesting an exemption must explain the reasons why the 

exemption: (1) would benefit the public as a whole, and (2) would not adversely affect safety or 

how it would provide a level of safety at least equal to the existing rules. 14 C.F.R. § 11.81.

III. DESCRIPTION OF DISTRIBUTION DESIGN CONSULTANTS AND ITS 

SERVICES

DDC seeks to utilize UAV's in order to provide aerial imaging, photography, videography and 

cinematography. Distribution Design Consultants (“DDC”) main function is electric utility line 

design, street lighting, and project management solutions. DDC’s full-service capabilities 

include design of any project—from a single service drop to a several-hundred lot subdivision or 

a single pole replacement to an entire circuit rebuild. Currently, DDC’s operations focus on the 

DJI product lines with particular focus on the DJI Phantom 3 and DJI Inspire 1. 

The contact information for the petitioner, DDC, is as follows:

Mitchell Ellis

President

Distribution Design Consultants 

723 W Finnie Flat Rd - #143, 

Camp Verde, AZ 86322

www.ddcfla.com

IV. DESCRIPTION OF PROPOSED OPERATIONS

DDC is requesting exemptions from applicable Federal Aviation Regulations (FARs) pursuant to 

Section 333 of the Reform Act to perform aerial videography and photography for film and TV

productions. Specifically, corporate, education, nonprofit, surveying, real estate etc.
Our intent is to have a video and Inspection department which will include:

 Creating aerial videos for:

o Real Estate: advertising/marketing; property evaluation; land development; land 

appraisal; relationship to neighbors; shape of existing building(s); and gifts.

o Advertising: website banners; presentations; proposals; tourism; reports and studies; 

and inventory display

o Equipment and Pole inspections: in areas that are inaccessible

o Engineering: Zoning; infrastructure inspection; structure and barrier inspection; road 

planning; land use calculations; traffic control planning; access and site circulation; 

sustainable building planning; and retail site planning

A. The Aircraft

DDC will operate the DJI PHANTOM 3 (the “PHANTOM”) or the DJI INSPIRE 1 (the 

“INSPIRE”) manufactured by DJI Innovations. The PHANTOM is a battery operated quadcopter 

with a maximum flight time of 25 minutes. The vehicle weighs approximately 2.75 pounds with 

a maximum takeoff weight of approximately 2.75 pounds. It has fixed landing gear, vibration 

dampers, small frame air incline and minimalized gimbal mount, which allows for a 110 degree 

of view from the camera. Although the vehicle’s ground speed has a maximum of 25 mph, it will 

be operated between 2 and 5 miles per hour, and it will operate at or below 400 feet AGL. 

The INSPIRE is a battery operated quadcopter with a maximum flight time of 18 minutes. The 

vehicle weighs approximately 5.3 pounds with a maximum takeoff weight of approximately 7.5

pounds. It has retractable landing gear, vibration dampers, small frame air incline and 

minimalized gimbal mount which allows for a 94 degrees of view from the camera. Although 

the vehicle’s ground speed has a maximum of 49 mph, it will be operated between 2 and 5 miles 

per hour, and it will operate at or below 400 feet AGL. 

The PHANTOM’s and INPIRE’s manufacturer’s specifications are shown in the Appendix of the 

Quick Start Guide and the USER Manuals for each airframe. 

The UAV/UAS/UA which DDC, Petitioner, will be operating is the DJI Phantom 2, Phantom 3, 

and/or Inspire 1. The inherent safety features, sophistication, programmability, GPS navigation, 

return home capability, airport vicinity no-fly feature and restricted altitude feature, as well as 

differentiating radio frequency (rf) for aircraft controller/receiver and for the camera make this a 

much safer UAV for the purposes of this petition. These are hobby grade radio controlled UAVs

that has the capacity for software upgrades. It is light, less than 3 and 8 pounds respectively

including battery and camera. Incorporated into the programming of the PHANTOM and 

INSPIRE is an automatic return home feature that automatically directs the craft back to point of 

take-off should communication with the transmitter be lost. The Phantom has a cruising speed of 

15 knots, with a maximum speed of 29 knots. Maximum flight time is 25 minutes. Gross weight 

is 2.75 pounds. The Inspire has a cruising speed of 15 knots, with a maximum speed of 42 knots. 

Maximum flight time is 18 minutes. Gross weight is 7.49 pounds.

The PHANTOM and INSPIRE have a communication link between the camera and aircraft 

allowing the operator or Pilot in Command (PIC) to monitor battery level, altitude (AGL), 
distance from PIC, camera imagery, and also control camera angle. The software for the 

PHANTOM and INSPIRE allows the operator or PIC to set maximum altitude AGL for each 

flight, allowing customization of flights to no higher than 100 feet, 150 feet, or 250 feet AGL as

examples. The 400 foot maximum AGL is by default programmed into the UAV's software preflight to insure compliance with FAA standards adding to the safety capabilities of this UAV. 

This UAV is programmed to remain in position when controls are released, maintaining altitude 

and GPS location. 

The PHANTOM and INSPIRE have an altitude and radar monitoring function that allows the 

operator more precise determination of height, direction of flight and distance from the 

operator/PIC. The operator/PIC can monitor GPS lock status while the UAV is in flight, with the 

ability to anticipate loss of GPS locking so the operator/PIC can land the UAV as a precaution. 

Considering the programmability and safety features of these UAVs, it serves as the best option 

to protect the Public and NAS for the purposes of this petition. 

Similarities, Distinctions and Differences 

DDC is using a UAV that has the capability for taking off and landing at a single point, identical 

to a helicopter. There are no runways, aided take off apparatuses, nor routes that need to be 

flown to areas being aerial video recorded or photographed. Allowing a reduced and more 

confined area of flight. 

The motors, rotors, propellers, body/frame, landing pads, etc. for the UAV utilized in this 

petition are not complicated. Engineering and design allows layman maintenance. Pre-flight 

inspections for cracks, damage or other physical conditions that could hamper safe flight will be 

conducted prior to any and all missions. Post flight inspections will also be conducted in order to 

aid in identifying flight conditions that may cause stress to propellers, landing gear, etc. 

Thorough inspection of the UAV shall be conducted and flight response tested should a hard 

landing or crash occur insuring that the UAV can operate in a safe manner before conducting any

further missions. 

Like the Astraeus Petition Petitioner DDC requests waiver or exemption for markings due to the 

small size of the fuselage for the PHANTOM and INSPIRE. 

Petitioner DDC requests modification, waiver or exemption and clarification (within reason) 

concerning section 91.119 prohibition of flight in congested areas. Petitioner DDC requests 

waiver for this condition to allow reasonable and responsible videography in congested areas of 

subdivisions and neighborhoods. 

In compliance with Section 90.151 (a) the PHANTOM and INSPIRE is a battery operated 

UAV/UAS with battery level monitoring capability. Fully charged battery flight time is rated at 

25 and 18 minutes respectively, with videos/photos taking much less time to record. Operator or 

PIC is warned when battery level is low. 
Petitioner DDC requests waiver/exemption from Section 91.203 (a) since the Phantom is a hobby

grade UAV/UAS that should not require an airworthiness certificate. Posting of special flight 

authorization would not be possible since the PHANTOM and INSPIRE have no cabin and are 

not large enough to carry a certificate. However, a special flight authorization can be maintained 

by the operator to make available upon request.

B. DDC Proposed Operations Demonstrate an Equivalent Level of Safety

1. General Description of Proposed Flight Operations

DDC proposes to operate within the limitations and performance specifications listed in the 

USER MANUALS (see attachments), which are summarized below. These limitations provide 

for at least an equivalent, or higher, level of safety for operations under the current regulatory

structure because the proposed operations represent a safety enhancement to the protocols.

The proposed operations do not create any hazard to users of the national airspace system or pose 

a threat to national security. The aircraft is a battery operated quadcopter with a maximum flight 

time of 18-25 minutes. The vehicle weighs approximately 2.75 – 7.50 pounds. It has vibration 

dampers and small frame air incline. The vehicle’s ground speed has a maximum of 25-49 mph

but it will be operated between 2 and 5 miles per hour, and it will operate at or below 200 feet 

AGL. 

Manned aircraft are at risk of fuel spillage and fire in the event of an incident or accident. The 

PHANTOM or INSPIRE carries no fuel, and therefore the risk of fire following an incident or 

accident due to fuel spillage is eliminated. Compared to manned aircraft, the unmanned aircraft 

being operated by the petitioner reduces the risk to participating persons in close proximity to the 

aircraft due to the limited size, weight, operating conditions, and design safety features of the 

PHANTOM and INSPIRE.

The FAA has determined that the risk of not having an electronic means to monitor and 

communicate with other aircraft, such as transponders or sense and avoid technology, is 

mitigated by placing limits on altitude, requiring stand-off distance from clouds, permitting 

daytime operations only, requiring that the aircraft be operated within visual line of sight, and 

requiring PHANTOM and INSPIRE yield right of way to all other manned operations. 

Additionally, the operator will request a NOTAM prior to operations to alert other users of the 

NAS. See Exemption No. 11062, Docket No. FAA 2014-0352, at p. 13.

The petitioner’s aircraft has the capability to operate safely after experiencing certain in- flight 

failures, as specified in the USER MANUAL regarding Return to Home (RTH) specifically low 

battery RTH and failsafe RTH. The aircraft is also able to respond to a lost-link event with a precoordinated, predictable, automated flight maneuver.

2. Reasons why the exemption would not adversely affect safety or how the 

exemption would provide a level of safety at least equal to the existing rule. 
Given the small size involved, the restricted environment within which they will operate, the 

procedures listed below, and pilot certification requirements, DDC proposed operations using the 

PHANTOM and INSPIRE would “not create a hazard to users of the national airspace system or 

the public or pose a threat to national security.” Reform Act Section 333(b) (1).

1. The aircraft will be identified by serial number, registered with the FAA, and 

have identification (N-Number) markings as large as practicable.

2. Flights will be operated within visual line of sight of the pilot in command (PIC).

3. Prior to each flight, a zero altitude initiation point will be established and 

confirmed for accuracy by PIC.

4. Maximum flight time for each operational flight will be approximately 15-20 

minutes.

5. The aircraft will be safely landed with no less than the greater of (a) 20% battery

life remaining or (b) three minutes of flight time remaining.

6. The aircraft will be operated during daylight and in VFR conditions.

7. Flights will be operated at a lateral distance of at least 50 feet from any persons or 

property not associated with the operation who have not given prior permission.

8. Flights will be limited to a groundspeed of 5-10 mph.

9. Minimum crew for each flight will consist of a PIC and an Observer.

10. The PIC will possess at least a private pilot certificate and a valid state driver’s 

license. 

11. Any designee from DDC will have completed a Basic Operator Course for the 

PHANTOM or INSPIRE. 

12. Prior to the flight, a Mission Plan will be created setting forth the limitations for 

the flight as well as contact information for the PIC.

13. The flight operations will yield the right of way to other manned aircraft 

operations.

14. All persons who are not involved with flight operations will be required to stay 50

feet from the edge of the flight operation perimeter. 

15. DDC will provide NOTAM details to the FAA 24 hours prior to each flight.

16. All required permissions and permits will be obtained from territory, state, county

or city jurisdictions prior to flight.

17. Prior to commencing operations, DDC will obtain a Certificate of Waiver or 

Authorization (COA) from the FAA if flying above 200 feet AGL.

18. If the aircraft loses communications, it will have the capability to return to a predetermined location within the operational area and land.

19. If the aircraft loses its GPS signal it will have the capability of being flown 

manually to a predetermined location within the operational area and land.

20. The flight will be aborted in case of unpredicted obstacles or emergencies.

21. Each flight will be recorded in an Operations Log Book.

24. Maintenance on the aircraft will be recorded in a Maintenance Log Book.

3. Flight Recovery, Lost Communications, and Lost GPS Procedures

The flight recovery, lost communications, and lost GPS procedures are fully documented in the 

attached User Manuals.
V. SPECIFIC FAR EXEMPTIONS REQUESTED

DDC seeks an exemption from several interrelated provisions of 14 C.F.R. Parts 21, 45, 61, and 

91 for purposes of conducting the requested operations using the PHANTOM and INSPIRE. 

Listed below are (1) the specific FAR sections for which exemption is sought, and (2) the 

operating procedures and safeguards that DDC has established which will ensure a level of safety

better than or equal to the rules from which exemption is sought. See 14 C.F.R. § 11.81 (e).

A. 14 C.F.R. Part 21, Subpart H – Airworthiness Certificates and 14 C.F.R. 

§ 91.203(a)(1)

The FAA has stated that no exemption is needed from this section if a finding is made under the 

Reform Act that the UAS selected provides an equivalent level of safety when compared to 

aircraft normally used for the same application. These criteria are met, and therefore no 

exemption is needed. See Grant of Exemption to Astraeus Aerial, Docket No. FAA 2014-

0352 at 13-14, 22. If, however, the FAA determines that there are some characteristics of the 

PHANTOM that fail to meet the requirements of the Reform Act, an exemption is requested.

Equivalent Level of Safety: The PHANTOM and INSPIRE are safe when taking into account its 

size, weight, speed, and operational capability. The PHANTOM weighs approximately 2.75

pounds the INSPIRE weighs approximately 7.5 pounds and either will be flown at speeds of 5-10

miles per hour, and in visual line of sight of the operator. The PHANTOM and INSPIRE do not 

carry pilots, passengers, explosive materials, or flammable liquid fuels. The PHANTOM and 

INSPIRE will be operated within the parameters of the User Manuals.

DDC will also provide the FAA with advance notice of all operations via a NOTAM and 

coordination with the local Flight Standards District Office (FSDO). The proposed operations 

will be at least as safe as, or safer than, conventional rotorcraft operating with an airworthiness 

certificate without the restrictions and conditions proposed here. 

B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category Rotorcraft

14 C.F.R. Part 27 sets forth the procedural requirements for airworthiness certification of normal 

category rotorcraft. To the extent the PHANTOM or INSPIRE would otherwise require 

certification under Part 27, DDC seeks an exemption from Part 27’s airworthiness standards for 

the same reasons identified in the request for exemption from 14 C.F.R. Part 21, Subpart H.

C. 14 C.F.R. §§ 45.23(b), 45.27(a) and 91.9(c): Aircraft Marking and 

Identification Requirements

14 C.F.R. §45.23(b), Markings of the Aircraft states:

When marks include only the Roman capital letter “N” and the registration number is displayed 

on limited, restricted or light-sport category aircraft or experimental or provisionally certificated 
aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit, or 

pilot station, in letters not less than 2 inches nor more than 6 inches high, the words “limited,” 

“restricted,” “light-sport, “experimental,” or “provisional,” as applicable.

14 C.F.R. § 45.27(a) states:

Rotorcraft. Each operator of a rotorcraft must display on that rotorcraft horizontally on both 

surfaces of the cabin, fuselage, boom, or tail the marks required by § 45.23.

14 C.F.R. § 91.9(c) states:

No person may operate a U.S.-registered civil aircraft unless that aircraft is identified in 

accordance with part 45 of this chapter.

In a previous Grant of Exemption, the FAA determined that exemption from these requirements 

was warranted provided that the aircraft “have identification (N-Number) markings in 

accordance with 14 CFR part 45, Subpart C if the markings are “as large as 

practicable.” See Exemption No. 11062, Docket No. FAA 2014-0352, at p. 14.

Equivalent Level of Safety: DDC will mark all PHANTOMs and INSPIREs with their NNumber in a prominent spot on the fuselage with markings that are as large as practicable.

D. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations

DDC seeks exemption from 14 CFR § 61.113, which restricts private pilots from flying aircraft 

for compensation or hire and would also require a second class medical certificate. The purpose 

of Part 61 is to ensure that the skill and competency of any PIC matches the airspace in which 

the PIC will be operating, as well as requiring certifications if the pilot is carrying passengers or 

cargo for hire.

While the PHANTOM or INSPIRE will be operated as part of a commercial operation, they

carry neither passengers nor cargo. In the Grant of Exemption in FAA Docket No. FAA-2014-

0352, the FAA determined that the unique characteristics of UAS operation outside of controlled 

airspace did not warrant the additional cost and restrictions attendant with requiring the PIC to 

have a commercial pilot certificate and a class II medical certificate. The FAA has also 

determined that the required knowledge for a commercial pilot covers the same fundamental 

principles as a private pilot.

The PIC will possess at least a private pilot certificate, a third class medical certificate, and will 

have completed a Basic Operator Course for the PHANTOM and INSPIRE. This is a 1-

day program that includes ground school and flight training.

The FAA stated in its grant of an exception to Astraeus Aerial the “the FAA considers the 

overriding safety factor for the limited operations proposed by the petitioner to be the airmanship 

skills acquired through UAS-specific flight cycles, flight time, and specific make and model 

experience, culminating in verification through testing.” See Exemption No. 11062, Docket No. 
FAA 2014-0352, at p. 18. The proposed operations can achieve an equivalent level of safety by 

requiring the knowledge and experience in PHANTOM/INSPIRE operations described above.

Furthermore, the security screening conducted by the Transportation Security Administration of 

certificated airmen satisfies the statutory requirement of Section 333 for operations to not pose a 

threat to national security.

The restrictions DDC has placed on its PHANTOM and INSPIRE operations meet or exceed the 

restrictions similarly imposed on Astraeus Aerial in FAA Docket No. FAA-2014-0352. DDC

will operate in restricted areas (the sites) away from persons and property not involved in the 

operation. The aircraft will be flown based on VLOS at or below 400 feet AGL, so as to 

accommodate flight operations on specified sites. A NOTAM will be issued at least 24 hours 

before the flight is to occur, and the flight will be coordinated with the applicable FSDO.

E. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness

DDC seeks an exemption from 14 C.F.R. § 91.7(a), which requires that a civil aircraft be in 

airworthy condition to be operated. The FAA has stated that no exemption is required to the 

extent that the requirements of Part 21 are waived or found inapplicable. Accordingly, DDC

requests that the requirements for Section 91.7 be treated in accordance with FAR Part 21 

Subpart H. See Grant of Exemption No. 11062, p. 19.

F. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft; 

14 C.F.R. §§ 91.203(a) and (b): Carrying Civil Aircraft Certification and 

Registration

Pursuant to 14 C.F.R. § 91.9(b)(2):

(b)No person may operate a U.S.-registered civil aircraft -

...

(2)For which an Airplane or Rotorcraft Flight Manual is required by § 21.5 of this 

chapter, unless there is available in the aircraft a current approved Airplane or 

Rotorcraft Flight Manual, approved manual material, markings, and placards, or 

any combination thereof.

Pursuant to 14 C.F.R. § 91.203(a) and (b):

(a)Except as provided in § 91.715, no person may operate a civil aircraft unless it has 

within it the following:

(1)An appropriate and current airworthiness certificate.

(b)No person may operate a civil aircraft unless the airworthiness certificate required by

paragraph (a) of this section or a special flight authorization issued under § 91.715 is 

displayed at the cabin or cockpit entrance so that it is legible to passengers or crew.
DDC does not request an exemption from this section but instead notifies the FAA that, in 

accordance with FAA Office of Chief Counsel’s Opinion dated August 8, 2014, the UAS flight 

manual, registration certificate and other documentation will be kept at the control station with 

the PIC during flight. The Chief Counsel’s Office has held that for all UAS operations, this 

alternate method constitutes full compliance with the regulations. See also Grant of Exemption 

No. 11062, pp. 19-20, and Grant of Exemption No. 8607.

G. 14 C.F.R. § 91.103: Preflight Action

DDC seeks an exemption from 14 C.F.R. § 91.103, which requires a PIC to become familiar 

with specific information before each flight, including information contained in the FAAapproved Flight Manual on board the aircraft. The aircraft will not have a Flight Manual on 

board. The PIC will take all actions including reviewing weather, flight battery requirements, 

landing and takeoff distances and aircraft performance data before initiation of flight. Under 

these circumstances, the FAA has stated that no exemption is required. See Grant of Exemption 

No. 11062, p. 20. An exemption is requested to the extent that an FAA-approved Flight Manual 

is required.

Equivalent Level of Safety: An equivalent level of safety will be provided by following the User 

Manuals. The PIC will take all required preflight actions - including performing all required 

checklists and reviewing weather, flight requirements, battery charge, landing and takeoff 

distance, aircraft performance data, and contingency landing areas - before initiation of flight. 

The User Manuals will be kept at the ground station; with the operator at all times.

H. 14 C.F.R. § 91.109(a): Flight Instruction

DDC seeks an exemption from 14 C.F.R. § 91.109(a), which provides that “[n]o person may

operate a civil aircraft (except a manned free balloon) that is being used for flight instruction 

unless that aircraft has fully functioning dual controls.” UASs and remotely piloted aircraft, by 

their design, do not have functional dual controls. Instead, flight control is accomplished through 

the use of the A2 Flight Control System/Ground Control Station (GCS) that communicates with 

the aircraft via radio communications.

Equivalent Level of Safety: When flight instruction is performed, no pilots will be on the aircraft 

and the GCS will be a safe distance from the aircraft and the public, causing no safety hazard. 

Given the size and speed of the PHANTOM and INSPIRE, an equivalent level of safe training 

can still be performed without dual controls because no pilot or passengers are aboard the 

aircraft, and all persons will be a safe distance away in the event that the aircraft experiences any 

difficulties during flight instruction. These flights will comply with the provisions in the User 

Manuals. Accordingly, DDC proposed method of operation provides superior levels of safety.

I. 14 C.F.R. § 91.119(c): Minimum Safe Altitudes in Uncongested Areas

DDC requests an exemption from the minimum safe altitude requirements of 14 C.F.R. § 

91.119(c). Section 91.119(c) prescribes that an aircraft may not be operated closer than 500 feet 

to any person, vessel, vehicle, or structure. The FAA has already determined that relief from 
Section 91.119(c) is warranted for UAS operations in uncongested areas with similar flight 

restrictions as those imposed by DDC. See Grant of Exemption No. 11062, p. 20-21.

Equivalent Level of Safety: Compared to flight operations with rotorcraft weighing far more 

than the maximum weights proposed herein, and given the lack of flammable fuel, any risk 

associated with these operations is far less than those that presently exist with conventional 

aircraft. An equivalent level of safety will be achieved given the size, weight, and speed of the 

PHANTOM and INSPIRE, as well as the locations where it is operated. In order to avoid any 

risk to aircraft, flight operations will be restricted to 400 feet AGL or below. As set forth in the 

User Manuals and herein, the PHANTOM and INSPIRE will be operated at sites, away from 

persons or structures not involved in the operation. All persons who are not involved with DDC

operations will be required to be at least 25 feet from the flight operation perimeter. 

J. 14 C.F.R. § 91.121: Altimeter Settings

This petition seeks an exemption from 14 C.F.R. § 91.121, which requires a person operating an 

aircraft to maintain cruising altitude or flight level by reference to an altimeter that is set to the 

elevation of the departure airport. The PHANTOM and INSPIRE use both barometric pressure 

sensors and GPS to determine altitude but do not have the ability to set in a current altimeter 

setting. An exemption is required to the extent that the PHANTOM and INSPIRE do not have a 

barometric altimeter setting. The altitude of the aircraft is monitored by the PIC on the ground 

control station and by the visual observer.

Equivalent Level of Safety: The FAA has stated that an equivalent level of safety can be 

achieved if the aircraft will be operated at or below 400 feet AGL and within visual line-of-sight 

in addition to GPS based altitude information relayed in real time to the operator. See Grant of 

Exemption No. 11062, p. 20-21. As the attached User Manuals indicate, the PHANTOM or 

INSPIRE will be operated at or below 400 feet AGL and comply with the limitations in the 

Grant of Exemption No. 11062.

K. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

DDC requests an exemption from 14 C.F.R. § 91.151(a)’s fuel requirements for flight in VFR 

conditions. Section 91.151 states:

(a) No person may begin a flight in an airplane 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 –

(1) During the day, to fly after that for at least 30 minutes; or

(2) At night, to fly after that for at least 45 minutes.

Here, the technological limitations on PHANTOM and INSPIRE battery power means that no 

meaningful flight operations can be conducted while still maintaining a 30 minute reserve. The 

aircraft is battery powered with a maximum flight time of between 18-25 minutes. DDC
proposes that the maximum flight time for each operational flight will be 18-25 minutes. The 

aircraft will be safely landed with no less than the greater of (a) 20% battery life remaining or (b) 

three minutes of flight time remaining.

Equivalent Level of Safety: The FAA has stated that an equivalent level of safety is provided if 

the UAS flight is conducted under daytime VFR flight conditions using VLOS, and terminated 

with at least 25% reserve battery power still available. See Grant of Exemption No. 11062, p. 21-

22. The User Manuals providing an equivalent level of safety by safely landing with no less than 

the greater of (a) 20% battery life remaining or (b) three minutes of flight time remaining and 

otherwise complying with the flight restrictions above.

L. 14 C.F.R. §§ 91.405(a), 91.407(a)(l), 91.409(a)(2); 91.417(a) and 

(b): Maintenance Inspections

DDC seeks an exemption from the maintenance inspection requirements contained in 14 C.F.R. 

§ 91.405(a), 91.407(a)(l), 91.409(a)(2); 91.417(a) and

(b). These regulations specify maintenance and inspection standards in reference to 14 C.F.R. 

Part 43. See, e.g., 14 C.F.R. § 91.405(a) (stating that each owner or operator of an aircraft 

“[s]hall have the aircraft inspected as prescribed in subpart E of this part and shall between 

required inspections ... have discrepancies repaired as prescribed in part 43 of this chapter”). An 

exemption from these regulations is needed because Part 43 and these sections only apply to 

aircraft with an airworthiness certificate, which the PHANTOM and INSPIRE will not have.

Equivalent Level of Safety: An equivalent level of safety will be achieved because maintenance 

and inspections will be performed in accordance with the Manuals. This includes maintenance, 

overhaul, replacement, and inspection requirements for the aircraft and procedures to document 

and maintain maintenance records for the aircraft. This also includes preflight inspection 

procedures. See Exemption No. 11062, Docket No. FAA 2014- 0352, at p. 14-15.

As provided in the Manuals, flights will not be conducted unless a flight operations checklist is 

performed that includes all of the aircraft’s components. The Manuals also set requirements for 

maintenance log books and record keeping as well as routine and post-flight maintenance. The 

Manuals set requirements for both annual maintenance and preventative maintenance.

VI. PUBLIC INTEREST

Granting DDC petition for exemption furthers the public interest. National policy set by 

Congress favors early integration of UAS into the NAS in controlled, safe working environments

as proposed in this petition. By granting this petition, the FAA will fulfill Congress’s intent of 

allowing UAS to operate safely in the NAS before completion of the rulemaking required under 

Section 333 of the Reform Act.

DDC will operate in a manner that will ensure the public’s safety and will set the example for 

others to emulate. It is well established that UAS provide an additional tool for the filmmaking 

industry, adding a greater degree of flexibility, which supplements the current capabilities 

offered by manned aircraft.
VII. PRIVACY

All flights will be conducted in accordance with any federal, state or local laws regarding 

privacy.

VIII. SUMMARY FOR FEDERAL REGISTER

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal 

Register, should it be determined that publication is needed:

DDC seeks an exemption from the following rules in order to provide aerial imaging, 

photography, videography and cinematography: 14 C.F.R Part 21, Subpart H; 14 C.F.R Part 27; 

14 C.F.R § 45.23(b); 14 C.F.R. § 45.27(a); 14 C.F.R § 61.113; 14 C.F.R § 91.7(a); 14 C.F.R § 

91.9(b)(2); 14 C.F.R § 91.9(c); 14 C.F.R § 91.103; 14 C.F.R § 91.109(a); 14 C.F.R § 91.119; 14 

C.F.R § 91.121; 14 C.F.R § 91.151(a) & (b) 14 C.F.R § 91.203 (a) & (b); 14 C.F.R § 91.405(a); 

14 C.F.R § 91.407(a)(l); 14 C.F.R § 91.409(a)(2); 14 C.F.R § 91.417 (a) & (b).

The exemption will enhance safety by reducing risk to the operator, the general public and 

property owners from the hazards associated with operating UAS through deliberate planning, 

risk mitigation, and flight operations.

IX. ATTACHMENTS

Attachment 1: DJI Phantom Pilot Training Guide v1.1

Attachment 2: DJI Phantom 3 Professional User Manual v1.2

Attachment 3: DJI Phantom 3 Quick Start Guide v1.0

Attachment 4: DJI Phantom 3 Safety Guidelines Disclaimer 

Attachment 5: DJI Inspire 1 User Manual v1.2

Attachment 6: DJI Inspire 1 Quick Start Guide v1.2

Attachment 7: DJI Inspire 1 Safety Guidelines

Attachment 8: DJI Inspire 1 Maintenance Manual v1.0

X. CONCLUSION

Satisfaction of the criteria provided in Section 333 of the Reform Act - size, weight, speed, 

operating capabilities, proximity to airports and populated areas, operation within visual line of 

sight, and national security considerations - provides more than adequate justification for the 

grant of the requested exemptions to permit DDC to operate the PHANTOM and INSPIRE.

Granting the requested exemption will benefit the public interest as a whole in many ways, 

including (1) significantly improving safety and reducing risk by alleviating human exposure to 

danger; (2) improving the quality of services DDC can provide to its customers; and (3) 

decreasing the risks of unmanned aircraft interfering with manned aircraft

Respectfully submitted,
 By: /s/ Mitchell Ellis

 President

Distribution Design Consultants