RAUCH inc. FAA Petition for Exemption

July 14, 2015

U.S. Department of Transportation 

Federal Aviation Administration

Document Management System 

1200 New Jersey Ave., SE 

Washington, D.C. 20590 

PETITION FOR EXEMPTION 

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF TITLE 14 OF THE 

CODE OF FEDERAL REGULATIONS SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING 

COMMERCIAL OPERATION OF DJI PHANTOM 3 PROFESSIONAL UNMANNED AIRCRAFT 

SYSTEM PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM 

ACT OF 2012 (PUBLIC LAW 112-95) 

Prepared by:

Dustin Rauch, PE

Vice President

RAUCH inc.

110 North Washington Street

Easton, Maryland 21601 

410-770-9081 

dustin@raucheng.com 

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RAUCH inc. FAA Petition for Exemption

TABLE OF CONTENTS

Glossary of Abbreviations 2

Summary 3

Introduction and Rationale for Seeking Exemption 3

Basis for Petition 4

A. Name and Address of Petitioner 5

B. The Specific Sections of 14 CFR From Which RAUCH inc. Seeks Exemption 5

C. The Extent of Relief RAUCH inc. Seeks and the Reason RAUCH inc. Seeks the Relief 8

D. The Reasons Why Granting RAUCH inc.’s Request Would be in the Public Interest 10

E. The Reasons Why Granting RAUCH inc.’s Exemption Would Not Adversely Affect Safety 12

F. Summary That Can be Published in the Federal Register 22

G. Additional Information, Views or Arguments Available to Support RAUCH inc.’s Request 23

Conclusion 23

Attachment A – DJI Phantom 3 User Manual 

Attachment B – DJI Phantom 3 Pre-Flight & Post-Flight Checklist 

Attachment C – DJI Phantom 3 Preventive Maintenance Schedule 

GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level 

AOI Area of Interest 

ATC Air Traffic Control 

ATO Air Traffic Organization 

AV Aerial Vehicle 

CFR Code of Federal Regulations 

COA Certificate of Authorization 

FAA Federal Aviation Administration 

FAR Federal Aviation Regulation 

GCS Ground Control Station 

GPS Global Positioning System 

LOL Loss of Link 

NAS National Airspace System 

NOTAM Notice to Airman 

PIC Pilot In Command 

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

SO Safety Observer 

SOP Standard Operating Procedures 

UA Unmanned Aircraft 

UAS Unmanned Aircraft System 

VFR Visual Flight Rules 

VLOS Visual Line of Site 

VMC Visual Meteorological Conditions 

VTOL Vertical Takeoff and Landing 

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RAUCH inc. FAA Petition for Exemption

SUMMARY

RAUCH 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 RAUCH inc. to 

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

imagery, videos, topography generation, orthorectification of aerial imagery and wildlife 

monitoring for public safety in certain areas of the United States. 

INTRODUCTION AND RATIONALE FOR SEEKING EXEMPTION

RAUCH inc. (formerly Robert D. Rauch & Associates, Inc.) is a full service Civil Engineering 

Design, Surveying and Project Management consulting firm located in Easton, MD. After 30 

years in business, we remain focused on providing superior service and a high quality product. 

RAUCH inc. provides comprehensive civil site design engineering services for subdivision and 

site development. Our professional staff has over 30 years of experience creating innovative 

development concepts and providing cost-effective engineering solutions in a timely manner. 

RAUCH inc.'s site development engineers have a diverse range of capabilities to handle the 

most complex development projects. From the initial planning and layout through the permitting, 

approvals and construction phases, the qualified staff at RAUCH inc. provides clients with top 

quality site development services. RAUCH inc. provides a wide array of services, including: Civil 

Engineering, Surveying, Environmental Science, Public Works, Water & Wastewater, Golf 

Course Design, and Construction Management & Project Administration.

The objective of RAUCH inc. and our Unmanned Aircraft System (DJI Phantom 3) aerial 

operations is to provide a more affordable, high-quality production system for a variety of 

governmental, commercial, public, and residential uses, specifically targeting:

• Aerial imagery

• Videos

• Topography generation

• Orthorectification of aerial imagery

• Wildlife monitoring for public safety

RAUCH inc. seeks an exemption to operate a DJI Phantom 3 system for compensation or hire 

within the NAS, without a pilot’s license, at or below 400’, while refraining from penetration of 

any No Fly Zones. The DJI Phantom 3 is a Vertical Takeoff and Landing (VTOL) Unmanned 

Aircraft System (UAS) with a Ground Control Station (GCS) utilizing electronic tablet or smart 

phone systems. The DJI Phantom 3 has a maximum gross weight of approximately 2.8 lb. while 

having a diagonal dimension of 23.2”, a maximum speed of approximately 16.4’ fps and a 

maximum flying height of 400'. The DJI Phantom 3 is equipped with four main rotors; driven by 

Lithium Polymer battery powered electric motors. 

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RAUCH inc. FAA Petition for Exemption

The DJI Phantom 3 that will be operated by RAUCH 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. 

BASIS FOR PETITION

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

unmanned aircraft and its operation, RAUCH inc.’s operation of the 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, RAUCH inc. requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & 

(a)(2), and 91.417(a) & (b), as these sections set forth requirements for maintenance that only 

apply to aircraft with an airworthiness certificate. 

RAUCH inc. submits that the requested relief is proper since an equivalent level of safety will be 

ensured. RAUCH inc. will use experienced personnel or technicians to perform maintenance, 

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

practices prescribed in the operating documents (i.e. DJI Phantom 3 User Manual, Pre-Flight & 

Post-Flight Checklist and Preventative Maintenance Schedule). Furthermore, RAUCH inc. will 

document and maintain all maintenance records 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 RAUCH inc. 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 UAS in a manner 

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

appropriate distances from people, vessels, vehicles and structures. 

RAUCH inc. 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, RAUCH inc. submits that they will ensure that the DJI Phantom 3 

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

compliance with the operating documents (i.e. DJI Phantom 3 User Manual, Pre-Flight & PostFlight Checklist and Preventative Maintenance Schedule), and that the aircraft is in a condition 

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RAUCH inc. FAA Petition for Exemption

for safe flight. 

RAUCH inc. also seeks an exemption from the requirements of Section 91.121, entitled 

Altimeter Settings, as the DJI Phantom 3 UAS will not have a typical barometric altimeter 

onboard. However, altitude information of the DJI Phantom 3 UAS will be provided to the PIC

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

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

information, combined with RAUCH inc.’s operation of the DJI Phantom 3 UAS within visual line 

of sight (LOS), at or below 400 feet AGL, will ensure a level of safety equivalent to Section 

91.121. 

Additionally, RAUCH inc. seeks an exemption from the requirements of Section 91.151(b), 

entitled Fuel requirements for flight in VFR conditions. RAUCH inc. submits that safety will not 

be affected by operation of the DJI Phantom 3 UAS during daylight hours in visual 

meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to 

fly for a total duration of approximately 23 minutes. Battery power indicators are also able to 

show exactly how much battery power is left, as well as how much time is needed to return 

safely back to the point of take-off. 

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

of its petition for exemption: 

A. NAME AND ADDRESS OF THE PETITIONER

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

Dustin Rauch, PE

Vice President

RAUCH inc.

110 N. Washington St.

Easton, MD 21601

Phone: 410-770-9081

Fax: 410-770-3667

dustin@raucheng.com 

B. THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH RAUCH INC. SEEKS 

EXEMPTION

1. RAUCH inc. 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: 

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RAUCH inc. FAA Petition for Exemption

(a) No person who holds a private pilot certificate may act as a pilot in command (PIC) of an 

aircraft that is carrying passengers or property for compensation or hire; nor may that 

person, for compensation or hire, act as PIC of an aircraft. 

(b) A private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any 

business or employment if—

(1) The flight is only incidental to that business or employment; and 

(2) The aircraft does not carry passengers or property for compensation or hire. 

2. RAUCH inc. Seeks Exemption From The Requirements Of Section 91.7(a).

Section 91.7, entitled Civil aircraft airworthiness, subsection (a), states the following: 

(a) No person may operate a civil aircraft unless it is in an airworthy condition. 

3. RAUCH inc. Seeks Exemption From The Requirements Of Section 91.121. 

Section 91.121, entitled Altimeter settings, subsection (a), states the following, in part: 

(a) Each person operating an aircraft shall maintain the cruising altitude or flight level of that 

aircraft, as the case may be, by reference to an altimeter that is set, when operating-

(1) Below 18,000 feet MSL, to-

(i) The current reported altimeter setting of a station along the route and within 100 nautical 

miles of the aircraft; 

(ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the 

current reported altimeter setting of an appropriate available station; or 

(iii) In the case of an aircraft not equipped with a radio, the elevation of the departure airport or 

an appropriate altimeter setting available before departure. 

4. RAUCH inc. Seeks Exemption From The Requirements Of Section 91.151(b). 

Section 91.151, entitled Fuel requirements for flight in VFR conditions, subsection (b), states the 

following: 

(b) No person may begin a flight in a rotorcraft under VFR conditions unless (considering wind 

and forecast weather conditions) there is enough fuel to fly to the first point of intended landing 

and, assuming normal cruising speed, to fly after that for at least 20 minutes. 

5. RAUCH inc. 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: 

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RAUCH inc. FAA Petition for Exemption

(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[.] 

6. RAUCH inc. 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. 

7. RAUCH inc. 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 

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RAUCH inc. FAA Petition for Exemption

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. 

C. THE EXTENT OF RELIEF RAUCH INC. SEEKS AND THE REASON RAUCH INC. SEEKS 

THE RELIEF

1. Extent Of Relief RAUCH inc. Seeks And The Reason RAUCH inc. Seeks Relief From 

Section 61.113(a) And (b). 

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

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

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

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

compensation or hire. 

This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a 

private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any 

business or employment if: (1) The flight is only incidental to that business or employment; and 

(2) The aircraft does not carry passengers or property for compensation or hire. 

As set forth in greater detail below, RAUCH inc. 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 either 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, RAUCH 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 RAUCH inc.’s business; and (2) will 

not carry passengers or property for compensation or hire. 

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RAUCH inc. FAA Petition for Exemption

2. Extent Of Relief RAUCH inc. Seeks And The Reason RAUCH inc. Seeks Relief From 

Section 91.7(a). 

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

required to allow RAUCH 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.

DJI Phantom 3 User Manual, Pre-Flight & Post-Flight Checklist and Preventative Maintenance 

Schedule). 

RAUCH inc. 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, RAUCH 

inc. will ensure that the DJI Phantom 3 UAS is in airworthy condition based upon its compliance 

with the operating documents (i.e. DJI Phantom 3 User Manual, Pre-Flight & Post-Flight 

Checklist and Preventative Maintenance Schedule) prior to every flight, and further, determine 

that the aircraft is in condition for safe flight, as stated in the conditions and limitations below. 

3. Extent Of Relief RAUCH inc. Seeks And The Reason RAUCH inc. Seeks Relief From 

Section 91.121. 

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

of the DJI Phantom 3 UAS, which utilize a barometric pressure sensor, GPS equipment, and a 

radio communications telemetry data link to downlink altitude information from the UA to the PIC 

at the ground control station (GCS). Since the FAA requires that any altitude information 

concerning UAS operations be reported to air traffic control (ATC) in feet above ground level 

(AGL), RAUCH 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 (no higher than 400 feet AGL), 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 is 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. Extent Of Relief RAUCH inc. Seeks And The Reason RAUCH inc. Seeks Relief From 

Section 91.151(b). 

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

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

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

for a total duration of 23 minutes. RAUCH inc. seeks the requested relief because without an 

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RAUCH inc. FAA Petition for Exemption

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

3 UAS will severely constrain the practicality of any aerial imagery, video, topography 

generation or wildlife monitoring operations that RAUCH inc. proposes to conduct pursuant to 

this Petition. 

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

Phantom 3 operating documents, and RAUCH inc.’s proposed operating limitations, ensure that 

RAUCH 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 23 minutes. 

5. Extent Of Relief RAUCH inc. Seeks And The Reason RAUCH inc. Seeks Relief From 

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

Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only apply to 

aircraft with an airworthiness certificate, RAUCH inc. 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, RAUCH inc. will use trained technicians to 

perform maintenance, alterations, or preventive maintenance on the UAS using the methods, 

techniques, and practices prescribed in the UAS operating documents (i.e. DJI Phantom 3 User 

Manual, Pre-Flight & Post-Flight Checklist and Preventative Maintenance Schedule). 

Furthermore, RAUCH inc. will document and maintain all maintenance records for the DJI 

Phantom 3 UAS. 

D. THE REASONS WHY GRANTING RAUCH INC.’S REQUEST WOULD BE IN THE PUBLIC 

INTEREST; THAT IS, HOW IT WOULD BENEFIT THE PUBLIC AS A WHOLE

Granting the present Petition will further the public interest by allowing RAUCH inc. to safely, 

efficiently, and economically perform aerial imagery, videos, topography generation, 

orthorectification of aerial imagery, and wildlife monitoring for public safety over certain areas of 

the United States. 

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

pollution, and provide significant benefits to the economy. Notably, the benefits of RAUCH inc.’s 

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

issues.

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

The DJI Phantom 3 UAS is battery powered and serves as a safe, efficient, and economical 

alternative to the manned aircraft traditionally utilized to obtain aerial imagery. By reducing the 

amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use 

of a DJI Phantom 3 UAS would reduce the amount of manned aircraft in the NAS, reduce noise 

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RAUCH inc. FAA Petition for Exemption

and air pollution, as well as increase the safety of life and property in the air and on the ground. 

Furthermore, by reducing the number of manned aircraft operating in the NAS, congestion 

around airports caused by arriving and departing aircraft will be reduced. The DJI Phantom 3 

UAS does not require an airport to takeoff or land. Likewise, a reduction of manned aircraft 

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

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

flight operations. 

2. The Public Will Benefit From The Safety And Efficiency Of The DJI Phantom 3 UAS. 

Conducting aerial acquisitions with the DJI Phantom 3 UAS, instead of manned aircraft, will 

greatly benefit the public by drastically reducing the levels of air and noise pollution generated 

during traditional aerial video, photography and imagery flight operations. By using battery 

power and electric motors, the DJI Phantom 3 UAS produces no air pollution, and is the most 

viable environmentally conscious alternative to the cabin class, six cylinder internal combustion 

engine aircraft that are typically utilized for aerial video and photography, while burning 

approximately 20-30 gallons per hour of leaded aviation fuel. The DJI Phantom 3 UAS, while 

reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UAS is 

propelled by battery powered electric motors, rather than an internal combustion engine. 

By using the DJI Phantom 3 UAS to perform aerial missions, the substantial risk to life and 

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

aircraft flight operations, will be substantially reduced or completely eliminated. Aside from the 

lack of flight crew members located onboard the aircraft, the DJI Phantom 3 UAS (weighing 

approximately 2.8 pounds at their maximum gross weight with diagonal dimension of 23.2 

inches, and with no fuel on board) has less physical potential for collateral damage to life and 

property on the ground, and in the air, compared to the manned aircraft that typically conduct 

similar operations (weighing approximately 6,000 pounds with a wingspan of approximately 42 

feet, a length of 34 feet, and a fuel capacity of 180 gallons). 

3. Performing Aerial Video and Photography Operations With The DJI Phantom 3 UAS 

Will Benefit The Economy. 

In addition to being safe and efficient, the DJI Phantom 3 UAS is also an economical alternative 

to using manned aircraft to conduct similar aerial operations. As such, operation of the DJI 

Phantom 3 UAS will allow United States based companies, like RAUCH inc., to remain 

competitive and contribute to growth of the U.S. economy. Specifically, with the rising cost of 

aviation fuel and the Environmental Protection Agency (“EPA”) regulatory actions phasing out 

leaded aviation fuels, U.S. owned and operated companies must adopt new and alternative 

technology in order to remain competitive. Operating the battery powered DJI Phantom 3 UAS 

is one such technology that not only allows companies greater operational flexibility compared 

to manned aircraft, but provides such flexibility without the high operational cost of a traditional 

manned aircraft. 

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RAUCH inc. FAA Petition for Exemption

By operating the DJI Phantom 3 UAS, companies such as RAUCH inc., can remain competitive 

and profitable, and therefore, provide greater job stability to employees and contractors, which 

will ultimately contribute to growth of the U.S. economy. Improved financial performance of U.S. 

companies, through commercial use of the DJI Phantom 3 UAS, provides a stable workforce 

that increases consumer spending; improves local, state, and federal tax revenues; and allows 

companies to invest in research and development in order to remain competitive both in the 

United States and abroad. 

4. There Are No Privacy Issues. 

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

RAUCH inc.’s proposed operation of the DJI Phantom 3 UAS will not implicate any privacy 

issues. Specifically, the DJI Phantom 3 UAS will be operated only in compliance with operating 

documents (i.e. DJI Phantom 3 User Manual, Pre-Flight & Post-Flight Checklist and 

Preventative Maintenance Schedule) which requires property owner involvement as well as 

local law enforcement notification, and in accordance with the Federal Aviation Regulations, 

including the minimum altitude requirements of 14 § 91.119.

E. THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY AFFECT 

SAFETY, OR HOW THE EXEMPTION WOULD PROVIDE A LEVEL OF SAFTEY AT LEAST 

EQUAL TO THAT PROVIDED BY THE RULE FROM WHICH RAUCH INC. SEEKS 

EXEMPTION

1. Reasons Why The DJI Phantom 3 UAS Meet The Conditions Of The FAA Modernization 

and Reform Act of 2012 (FMRA) Section 333. 

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

unmanned aircraft and its operation, RAUCH inc.’s operation of the DJI Phantom 3 UAS meets

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

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

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

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

the public, or otherwise pose a threat to national security. Specifically, FMRA Section 333 states 

the following, in part: 

(a) In General.--Notwithstanding any other requirement of this subtitle, and not later than 180 

days after the date of enactment of this Act, the Secretary of Transportation shall determine if 

certain unmanned aircraft systems may operate safely in the national airspace system before 

completion of the plan and rulemaking required by section 332 of this Act or the guidance 

required by section 334 of this Act. 

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

(a), the Secretary shall determine, at a minimumPage | 12
RAUCH inc. FAA Petition for Exemption

(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, RAUCH 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. 

i. Technical Specifications Of The DJI Phantom 3 UAS. 

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

Manual, attached hereto as Attachment A. 

ii. 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 11 of the DJI Phantom 3 User Manual attached hereto as Attachment A. 

iii. 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 will return to the home 

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

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RAUCH inc. FAA Petition for Exemption

A complete description of the Failsafe Functions of the DJI Phantom 3 UAS are set forth at 

pages 12 through 14 of the DJI Phantom 3 User Manual, attached hereto as Attachment A. 

iv. The DJI Phantom 3 GCS And Its Operation. 

A complete description of the operation and specifications of the DJI Phantom 3 GCS and flight 

control software is provided at pages 23 through 29 of the DJI Phantom 3 User Manual,

attached hereto as Attachment A. 

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

Certificated Pilot in Command With A Safety Observer. 

RAUCH inc. aerial imagery staff will be the only persons to act as a pilot in command (PIC) of 

the DJI Phantom 3 UAS. Additionally, a safety observer will assist him or her at all times during 

flight operations.

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

Limitations. 

In seeking this exemption, RAUCH inc. proposes to commercially operate its DJI Phantom 3 

UAS for the special purpose of conducting aerial imagery, videos, topography generation, 

orthorectification of aerial imagery and wildlife monitoring for public safety over certain areas of 

United States, pursuant to the following specific operating limitations. 

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

described in the operating documents, rotorcraft UAS weighing less than 55 pounds maximum 

gross weight: DJI Phantom 3 Unmanned Aircraft System. Proposed operations of any other 

aircraft will require a new petition or a petition to amend this grant. 

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

of aerial imagery, videos, topography generation, orthorectification of aerial imagery and wildlife 

monitoring for public safety. 

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

4. The UAS must be operated at an altitude of no more than 400 feet above ground level (AGL), 

as indicated by the procedures specified in the operating documents unless a special request is 

made and approved by ATC. All altitudes reported to ATC must be in feet AGL.

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

requires the PIC to be able to use human vision unaided by any device other than corrective 

lenses, as specified on the PIC’s FAA-issued airman medical certificate. 

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

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RAUCH inc. FAA Petition for Exemption

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, 

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RAUCH inc. FAA Petition for Exemption

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 records of the corrective action 

taken against discrepancies discovered between inspections. 

17. The PIC must possess at least a private pilot certificate and at least a current third-class 

medical certificate. 

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

qualification criteria and demonstrates the ability to safely operate the UAS in a manner 

consistent with how the UAS will be operated under the exemption, including evasive and 

emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles 

and structures. PIC qualification flight hours must be logged in a manner consistent with 14 

C.F.R. § 61.51(b). Flights for the purposes of training the operator’s PICs are permitted under 

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

dedicated training sessions. During training, proficiency, and 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 

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RAUCH inc. FAA Petition for Exemption

accordance with the operating documents. 

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

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

and land the UA with 25% battery power remaining. 

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

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

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

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

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

altitude level and potential transponder requirements.

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

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

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

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

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

appropriate government oversight agency requirements.

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

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; 

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; 

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RAUCH inc. FAA Petition for Exemption

Operations nearer to the PIC, SO, operator trainees or essential persons do not present an 

undue hazard to those persons per § 91.119(a). 

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

from the land owner/controller or authorized representative. Permission from land 

owner/controller or authorized representative will be obtained for each flight to be conducted. 

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

of the operational area as defined by the applicable COA must be reported to the FAA's UAS 

Integration Office (AFS-80) within 24 hours. Accidents must be reported to the National 

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

www.ntsb.gov. 

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

Would Not Adversely Affect Safety. 

RAUCH 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 RAUCH inc.’s proposed area of operations, and the operating limitations set forthabove; 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, RAUCH inc. submits that the additional manned 

airmanship experience of a commercially certificated pilot would not correlate to the airmanship 

skills necessary for RAUCH inc.’s specific proposed flight operations. 

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

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

11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 

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

RAUCH 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 

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RAUCH inc. FAA Petition for Exemption

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 RAUCH 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 of 

motion picture filming (or similar operations), the PIC must have accumulated and logged, in a 

manner consistent with 14 CFR 61.51(b), 25 hours of total time as a UAS rotorcraft pilot 

including at least 10 hours logged as a UAS pilot with a multi-rotor UAS. Prior to operations 

under Exemption No. 11062, the PIC must also have accumulated and logged a minimum of 5 

hours as a UAS pilot operating the same make and model of UAS to be used for operations 

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

be inclusive rather than additive; i.e. 5 hours make and model time may be included in the 10 

hours of multi-rotor time and the 10 hours may be included in the total 25 hours of UAS 

rotorcraft time. In addition to the hour requirements, the PIC must accomplish 3 takeoffs and 

landings in the preceding 90 days (for currency purposes). The FAA finds that at a minimum, 

the flight-hour requirements in Exemption No. 11062 are appropriate to practice and build 

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

FAA also finds that prior documented flight experience that was obtained in compliance with 

applicable regulations would satisfy this requirement. Training, proficiency, and experiencebuilding flights can also be conducted under the grant of exemption to accomplish the required 

flight time. During training, proficiency, and experience-building flights, the PIC is required to 

operate the UA with appropriate distances in accordance with 14 C.F.R 91.119. 

Accordingly, RAUCH 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. 

3. Reasons Why An Exemption From The Requirements Of Section 91.7(a) Would Not 

Adversely Affect Safety. 

The equivalent level of safety established by Section 91.7(a) will be maintained because prior to 

every flight, RAUCH 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. 

Additionally, the FAA has previously granted relief from Section 91.7(a) specific to UAS, in 

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

11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 

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RAUCH inc. FAA Petition for Exemption

11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). 

4. Reasons Why An Exemption From The Requirements Of Section 91.121 Would Not 

Adversely Affect Safety. 

The equivalent level of safety established by Section 91.121 will be maintained because the 

altitude information of the DJI Phantom 3 UAS will be provided to the PIC via GPS equipment 

and a radio communications telemetry data link, which downlinks from the UA to the GCS for 

active monitoring of the flight path and altitude. This altitude information, combined with RAUCH 

inc.’s operation of the DJI Phantom 3 UAS within visual line of sight, at or below 400 feet AGL, 

will ensure a level of safety equivalent to Section 91.121. The altitude information will be 

generated by GPS equipment installed onboard the aircraft. Prior to each flight, a zero altitude 

initiation point is automatically established by the UAS at ground level. 

The FAA has previously granted relief from Section 91.121 specific to UAS, in circumstances 

similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 

11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 

11157, 11158, 11159, 11160, 11161). 

5. Reasons Why An Exemption From The Requirements Of Section 91.151(b) Would Not 

Adversely Affect Safety. 

A grant of this exemption would ensure an equivalent level of safety established by 14 C.F.R. 

Section 91.151(b) as a result of (1) the technical specifications of the DJI Phantom 3 UAS; (2) 

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

operations. Accordingly, RAUCH 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 provides 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. 

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

safety is not adversely affected when the technical characteristics and operating limitations of 

the UAS are considered. Relief has been granted for manned aircraft to operate at less than the 

minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. 

Moreover, the FAA has previously granted relief from Section 91.151 specific to UAS, in 

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RAUCH inc. FAA Petition for Exemption

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

8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 

11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). 

6. Reasons Why An Exemption From The Requirements Of Sections 91.405(a), 

91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would Not Adversely Affect Safety. 

In seeking this exemption, RAUCH 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 RAUCH 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. 

DJI Phantom 3 User Manual, Pre-Flight & Post-Flight Checklist and Preventative Maintenance 

Schedule). Furthermore, RAUCH 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, 

RAUCH 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 Manual is attached hereto as 

Attachment A. 

Likewise, the exemption sought will not adversely affect safety because RAUCH 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 RAUCH inc.’s proposed operating limitations, the operating documents, and 

the technical aspects of the DJI Phantom 3 UAS, RAUCH 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). The FAA has previously granted relief specific to 

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

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

11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). 

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RAUCH inc. FAA Petition for Exemption

7. The FAA May Prescribe Any Other Conditions For Safe Operation. 

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 

14 C.F.R. § 21.16 entitled Special Conditions, RAUCH 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 imagery, videos, topography generation, orthorectification of aerial imagery, and wildlife 

monitoring for public safety 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 RAUCH inc.’s intended operation of the DJI Phantom 3 UAS, 

which contain such safety standards that the Administrator finds necessary to establish a level 

of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 

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

91.417(a) & (b). 

F. A SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER, STATING: 

1. The Rules From Which RAUCH inc. Seeks Exemption:

RAUCH 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). 

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RAUCH inc. FAA Petition for Exemption

2. A Brief Description Of The Nature Of The Exemption RAUCH inc. Seeks: 

This exemption will permit RAUCH inc. to commercially operate an Unmanned Aircraft System 

(UAS) for the purpose of conducting aerial imagery, videos, topography generation, 

orthorectification of aerial imagery, and wildlife monitoring for public safety over certain areas of 

the United States. 

G. ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO 

SUPPORT RAUCH 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, RAUCH 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, RAUCH 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. 

CONCLUSION

As set forth herein, RAUCH 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 imagery, videos, topography generation, orthorectification of aerial 

imagery, and wildlife monitoring for public safety 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 RAUCH 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, RAUCH inc. 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 RAUCH inc. to operate the DJI Phantom 3 UAS commercially for the purpose of 

performing aerial imagery, videos, topography generation, orthorectification of aerial imagery,

and wildlife monitoring for public safety in certain areas of the United States. 

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RAUCH inc. FAA Petition for Exemption

Respectfully submitted, 

Dustin Rauch, PE 

Vice President, RAUCH inc. 

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