UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL 

AVIATION ADMINISTRATION WASHINGTON, DC

Regulatory Docket No. _______________

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: 

Fredy Chavez/Drotech, LLC

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF TITLE 

14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS 61.113(a) & (b), 91.7(a), 

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

CONCERNING COMMERCIAL OPERATION OF DJI PHANTOM 3 UNMANNED 

AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112-95)

Submitted	on	October	5,	2015

Fredy	Chavez/Drotech,	LLC

2600	Houma	Blvd	#318

Metairie,	LA	70001

Tel:	504–201-3260
2

TABLE	OF	CONTENTS

Page

GLOSSARY OF 

ABBREVIATIONS..................................................................................3 

SUMMARY..............................................................................................5

INTRODUCTION AND INTERESTS OF PETITIONER .....................5

BACKGROUND......................................................................................6

BASIS FOR PETITION...........................................................................6

NAME AND ADDRESS OF PETITIONER...................................8

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM FREDY 

CHAVEZ SEEKS EXEMPTION....................................................8 

THE EXTENT OF RELIEF FREDY CHAVEZ AND THE 

REASON FREDY CHAVEZ SEEKS THE RELIEF....................13

THE REASONS WHY GRANTING FREDY CHAVEZ

REQUEST WOULD BE IN THE PUBLIC INTEREST .............16

THE REASONS WHY GRANTING THE EXEMPTION 

WOULD NOT ADVERSELY AFFECT SAFETY.......................19

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL 

REGISTER....................................................................................34 

ANY ADDITIONAL INFORMATION, VIEWS, OR 

ARGUMENTS AVAILABLE TO SUPPORT FREDY CHAVEZ 

REQUEST......................................................................................34 

CONCLUSION.......................................................................................35 

APPENDICES........................................................................................38
3

TABLE	OF	ABBREVIATIONS

AGL Above Ground Level 

AOI Area of Interest 

ATC Air Traffic Control 

ATO Air Traffic Organization 

AV Aerial Vehicle 

CFR Code of Federal Regulations 

COA Certificate of Authorization 

FAA Federal Aviation Administration 

FAR Federal Aviation Regulation 

GCS Ground Control Station 

GPS Global Positioning System 

LOL Loss of Link 

NAS National Airspace System 

NOTAM Notice to Airman 

PIC Pilot In Command 

SECTION 333 FAA Modernization and Reform Act of 2012 

(FMRA) Section 333 

SO Safety Observer 

SOP Standard Operating Procedures 

UA Unmanned Aircraft 

UAS Unmanned Aircraft System 
4

VFR Visual Flight Rules 

VLOS Visual Line of Site 

VMC Visual Meteorological Conditions 

VTOL Vertical Takeoff and Landing 
5

SUMMARY

Fredy Chavez seeks exemption from the requirements of 14 C.F.R 

§§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 

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

Aircraft System pursuant to Section 333 of the FAA Modernization and 

Reform Act of 2012 (FMRA). This exemption will permit Fredy Chavez

to operate an Unmanned Aircraft System (UAS) for the commercial 

purpose of conducting aerial video and photography of construction 

sites, real estate, utility infrastructures, and public events. 

INTRODUCTION AND INTERESTS OF THE PETITIONER

Fredy Chavez provides clients with expertise and knowledge in 

advanced technologies and solutions to increase efficiency, productivity 

and effectiveness. Fredy Chavez has over has over 4 years of experience 

in daily business operations. The objective Fredy Chavez aerial video 

and photography operations is to provide high quality imaging for a 

variety of commercial, public, and residential uses, specifically 

targeting: 

• Aerial video and/ or photography for public and/ or private use including but not limited 

to real estate, architecture, property surveying, construction and other related professional 

activities.

• Aerial inspection/ photography of residential/ commercial structures under contract with 

the owners or local government authority.

• Aerial inspection of private/ commercial utility infrastructure including but not limited to 

electrical power lines, wind turbines and cell towers.

• Aerial video/ photography for private/ commercial use including television, public 

events, cinematography and promotional videos.

• The ability to offer training to persons individually or belonging to both private and/ or 

public organizations that have interests in the use and application of a UAS for the 

purpose of the safe operation of a UAS to enhance the safety of the National Airspace 

System (NAS) as well as for the protection of the persons and property. 
6

BACKGROUND 

Unmanned Aircraft Systems: DJI Phantom 3 

Fredy Chavez seeks an exemption to operate DJI systems for 

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

takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground 

Control Station (GCS) utilizing electronic tablet or smart phone systems. 

The DJI Phantom 3 has a maximum gross weight of approximately 2 

pounds 11 ounces, while having a length of 16.2 inches width of 16.6 

inches, height of 10.5 inches, and a maximum speed of approximately 

31.1 knots. The DJI Phantom 3 is equipped with four main rotors; driven 

by Lithium Polymer battery powered electric motors. 

The DJI Phantom 3 UAS that will be operated by Fredy Chavez

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, Fredy Chavez, 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 Vision 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, Fredy 

Chavez operation of DJI Phantom 3 UAS meets the conditions of FMRA 

Section 333 and therefore, will not require an airworthiness certificate in
7

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

Accordingly, Fredy Chavez 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. 

Fredy Chavez submits that the requested relief is proper since an 

equivalent level of safety will be ensured. Fredy Chavez will use 

experienced personnel or technicians to perform maintenance, 

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

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

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

Furthermore, Fredy Chavez 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 Fredy Chavez to the extent necessary to allow a Pilot in 

Command (PIC) holding a private pilot or higher level certificate, as 

well as an airman medical certificate, and who has demonstrated, by 

meeting minimum flight- hour and currency requirements, that the PIC 

is able to safely operate the DJI Phantom 3 UAS in a manner consistent 

with this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from people, vessels, vehicles and 

structures. 

Fredy Chavez 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, Fredy Chavez submits that he 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., Monthly Maintenance Log, and DJI Phantom 3 

Instruction Manual), and that the aircraft is in a condition for safe flight. 
8

Fredy Chavez also seeks an exemption from the requirements of 

Section 91.121, entitled Altimeter Settings, as the DJI Phantom 3 UA 

will not have a typical barometric altimeter onboard. However, altitude 

information of the DJI Phantom 3 UA will be provided to the PIC via 

Global Positioning System (GPS) equipment and radio communications 

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

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

Fredy Chavez 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. 

Additionally, Fredy Chavez seeks an exemption from the 

requirements of Section 91.151(b), entitled Fuel requirements for flight 

in VFR conditions. Fredy Chavez submits that safety will not be affected 

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

meteorological conditions (VMC) under visual flight rules (VFR), with 

enough battery power to fly for a total duration of approximately 19.5 

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

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

In accordance with 14 C.F.R. § 11.81, Fredy Chavez 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: 

Fredy Chavez

2600 Houma Blvd #318

Metairie, LA 70001

Tel: 504-201-3260

E-mail: fredychavez19@gmail.com

B. The Specific Sections Of 14 C.F.R. From Which Fredy Chavez

Seeks Exemption. 
9

1. Fredy Chavez Seeks Exemption From The Requirements Of 

Section 61.113(a) And (b). 

Section 61.113, entitled Private pilot privileges and limitations: 

Pilot in command, subsections (a) and (b) prescribe the following, 

in relevant part: 

(a) No person who holds a private pilot certificate may act as a 

pilot in command (PIC) of an aircraft that is carrying passengers or 

property for compensation or hire; nor may that person, for 

compensation or hire, act as PIC of an aircraft. 

(b) A private pilot may, for compensation or hire, act as PIC of an 

aircraft in connection with any business or employment if—

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

employment; and 

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

compensation or hire. 

2. Fredy Chavez 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. Fredy Chavez 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 
10

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. Fredy Chavez 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. Fredy Chavez Seeks Exemption From The Requirement Of 

Section 91.405(a). 

Section 91.405, entitled Maintenance required, subsection (a), 

states the following: 

Each owner or operator of an aircraft—

(a) Shall have that aircraft inspected as prescribed in subpart E of 

this part and shall between required inspections, except as provided 

in paragraph (c) of this section, have discrepancies repaired as 
11

prescribed in part 43 of this chapter[.] 

6. Fredy Chavez Seeks Exemption From The Requirements Of 

Section 91.407(a)(1) 

Section 91.407, entitled Operation after maintenance, preventive 

maintenance, rebuilding, or alteration, subsection (a)(1), states the 

following: 

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

maintenance, preventive maintenance, rebuilding, or alteration 

unless--

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

authorized under § 43.7 of this chapter[.] 

7. Fredy Chavez 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. 

8. Fredy Chavez 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: 
12

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

91.413, each registered owner or operator shall keep the following 

records for the periods specified in paragraph (b) of this section: 

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

alteration and records of the 100-hour, annual, progressive, and 

other required or approved inspections, as appropriate, for each 

aircraft (including the airframe) and each engine, propeller, rotor, 

and appliance of an aircraft. The records must include--

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

Administrator) of the work performed; and 

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

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

approving the aircraft for return to service. 

(2) Records containing the following information: 

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

propeller, and each rotor. 

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

engine, propeller, rotor, and appliance. 

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

aircraft which are required to be overhauled on a specified 

time basis. 

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

time since the last inspection required by the inspection 

program under which the aircraft and its appliances are 

maintained. 

(v) The current status of applicable airworthiness directives 

(AD) and safety directives including, for each, the method of 

compliance, the AD or safety directive number and revision 
13

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 Fredy Chavez Seeks And The Reason Fredy 

Chavez Seeks The Relief. 

1. Extent Of Relief Fredy Chavez Seeks And The Reason Fredy 

Chavez 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, 
14

act as PIC of an aircraft in connection with any business or employment 

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

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

or hire. 

As set forth more fully below, Fredy Chavez submits that an 

equivalent level of safety will be maintained because no PIC will be 

allowed to operate the DJI Phantom 3 UAS unless that PIC has met 

certain flight-hour and currency requirements, demonstrating that the 

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

consistent with the operations specifications as described in this 

exemption, including evasive and emergency maneuvers, as well as 

maintaining appropriate distances from people, vessels, vehicles and 

structures.

Further, Fredy Chavez 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 Fredy Chavez business; and (2) will not carry 

passengers or property for compensation or hire. 

2. Extent Of Relief Fredy Chavez Seeks And The Reason Fredy 

Chavez 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 Fredy Chavez to determine that 

the DJI Phantom 3 UAS is in airworthy condition prior to every flight by 

ensuring that the UAS is in compliance with the operating documents 

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

Manual). 

Fredy Chavez 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, Fredy Chavez will ensure that 

the DJI Phantom 3 UAS is in airworthy condition based upon its 

compliance with the operating documents (i.e., Monthly Maintenance 

Log, and DJI Phantom 3 Instruction Manual) prior to every flight, and
15

further, determine that the aircraft is in condition for safe flight, as stated 

in the conditions and limitations below. 

3. Extent Of Relief Fredy Chavez Seeks And The Reason Fredy 

Chavez 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), Fredy Chavez seeks the requested relief because the DJI 

Phantom 3 UA altimeter may be set on the ground to zero feet AGL, 

rather than the local barometric pressure or field altitude, before each 

flight. 

Considering the limited altitude of the proposed operations, relief 

from 14 CFR 91.121 is sought to the extent necessary to comply with 

the applicable conditions and limitations stated below. As more fully set 

forth herein, an equivalent level of safety will be maintained since the 

DJI Phantom 3 UA 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 Fredy Chavez Seeks And The Reason Fredy 

Chavez 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 Vision UA during daylight hours in 

visual meteorological conditions (VMC), under visual flight rules 

(VFR), for a total duration of 19.5 minutes to the first point of intended 
16

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

4.5 minutes. Fredy Chavez seeks the requested relief because without an 

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

powered DJI Phantom 3 UA will severely constrain the practicality of 

any aerial video or still photo flight operations that Fredy Chavez

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 

Fredy Chavez proposed operating limitations, ensure that Fredy Chavez

will safely operate the battery powered DJI Phantom 3 UA during 

daylight hours in visual meteorological conditions (VMC), under visual 

flight rules (VFR), with enough battery power to fly for a total duration 

of 19.5 minutes to the first point of intended landing and, assuming 

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

5. Extent Of Relief Fredy Chavez Seeks And The Reason Fredy 

Chavez 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, 

Fredy Chavez requests relief from these Sections because the DJI 

Phantom 3 UAS does not require airworthiness certificates. 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, Fredy Chavez will use trained technicians to perform 

maintenance, alterations, or preventive maintenance on the UASs using 

the methods, techniques, and practices prescribed in the UAS operating 

documents (i.e., Monthly Maintenance Log, and DJI Phantom 3). 

Furthermore, Fredy Chavez will document and maintain all maintenance

records for the DJI Phantom 3 UAS. 

D. The Reasons Why Granting Fredy Chavez Request Would Be In 
17

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 Fredy Chavez to safely, efficiently, and economically perform 

aerial video and photography of construction sites, real estate, utility 

infrastructures, and public events. Fredy Chavez plans to work with 

local companies to continue rebuilding New Orleans from the damage 

caused by Hurricane Katrina.

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 Fredy Chavez

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 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 UA 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. 
18

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 and still photography 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 UA, while reducing the carbon footprint of aerial 

acquisitions, also eliminates noise pollution, as the UAs are propelled by 

battery powered electric motors, rather than an internal combustion 

engine. 

By using the DJI Phantom 3 UAS to perform aerial acquisitions, 

the substantial risk to life and property in the air and on the ground, 

which is usually associated with traditional manned aircraft flight 

operations, will be substantially reduced or completely eliminated. Aside 

from the lack of flight crew members located onboard the aircraft, the 

DJI Phantom 3 UA (weighing approximately 2 pounds 13 ounces, at its 

maximum gross weight with a length of 16.2 inches, widths of 16.6 

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 
19

similar aerial operations. As such, operation of the DJI Phantom 3 UAS 

will allow United States based companies, like Fredy Chavez, to remain 

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

with the rising cost of aviation fuel and the Environmental Protection 

Agency (“EPA”) regulatory actions phasing out leaded aviation fuels, 

U.S. owned and operated companies must adopt new and alternative 

technology in order to remain competitive. Operating the battery 

powered DJI Phantom 3 UASs is one such technology that not only 

allows companies greater operational flexibility compared to manned 

aircraft, but provides such flexibility without the high operational cost of 

a traditional manned aircraft. 

By operating the DJI Phantom 3 UAS, companies such as Drotech, 

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, Fredy Chavez 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., Monthly Maintenance Log, and DJI Phantom 

3) which requires property owner involvement as well as local law 

enforcement notification, and in accordance with the Federal Aviation 

Regulations, including the minimum altitude requirements of 14 C.F.R. 

§ 91.119. 

E. The Reasons Why Granting The Exemption Would Not 

Adversely Affect Safety, Or How The Exemption Would Provide A 
20

Level Of Safety At Least Equal To That Provided By The Rule 

From Which Fredy Chavez Seeks Exemption. 

1. Reasons Why The DJI Phantom 3 UA Meets 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, John F 

McCreary’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 minimum--

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

result of their size, weight, speed, operational capability, 

proximity to airports and populated areas, and operation 

within visual line of sight do not create a hazard to users of 

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

national security; and 
21

(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, Fredy Chavez 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 is set forth 

by the DJI Phantom 3 Specifications and Data Sheet, attached hereto as 

Exhibit A. 

ii. The DJI Phantom 3 UAS Autonomous Flight And 

Navigation Modes Enable The UASs To Remain Within 

A Defined Operational Area. 

The DJI Phantom 3 UAS may be operated in both manual and fully 

autonomous flight modes. A complete description of the flight and 
22

navigational modes of the DJI Phantom 3 UAS is provided at pages 25-

35 of the DJI Phantom 3 and pages 12-16 User Manual, attached hereto 

as Exhibit B . 

iii. The DJI Phantom 3 UAS is 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 UA will remain 

stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI 

Phantom 3 UA does not reacquire control link data from the GCS, the 

UAs will assume that the Control Link is lost and the UAs will return to 

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

takeoff position and shutdown. 

A complete description of the Failsafe Functions of the DJI 

Phantom 3 UAS are set forth at pages 27 through 29 of the DJI Phantom 

3 User Manual, attached here to as Exhibit B. 

iv. The DJI Phantom 3 GCS And Its Operation. 

A complete description of the operation and specifications of the 

DJI Phantom 3 GCS and flight control software is provided at pages 32 

through 43 of the DJI Phantom 3 User Manual. DJI Phantom 3 User 

Manual is attached hereto as Exhibits B. 

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. 

Fredy Chavez will only utilize certificated pilots who possess a 

current and valid airman medical certificate to act as a pilot in command 

(PIC) of the DJI Phantom 3 UAS. Additionally, a safety observer will 

assist all pilots during flight time. 

c. Flights Of DJI Phantom 3 UAS Will Be Conducted 

Pursuant To Specific Operating Limitations. 
23

In seeking this exemption, Fredy Chavez proposes to commercially 

operate DJI Phantom 3 UAS for the special purpose of conducting aerial 

video and photography over certain areas of United States, pursuant to 

the following specific operating limitations: 

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

to the following aircraft described in the operating documents, 

rotorcraft UASs weighing less than 55 pounds maximum gross 

weight: DJI Phantom 3 Unmanned Aircraft Systems. Proposed 

operations of any other aircraft will require a new petition or a 

petition to amend this grant. 

2. UAS operations under this exemption will be limited to 

conducting operations for the purpose of aerial video and 

photography. 

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

20 knots. 

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

above ground level (AGL), as indicated by the procedures 

specified in the operating documents unless a special request is 

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

in feet AGL. 

5. The UA must be operated within visual line of sight (VLOS) of 

the PIC at all times. This requires the PIC to be able to use human 

vision unaided by any device other than corrective lenses, as 

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

6. The use of first person view (FPV) by the PIC or safety observer 

(SO) is not permitted. 

7. All operations must utilize a safety observer (SO). The SO may 

be used to satisfy the VLOS requirement as long as the PIC always 

maintains VLOS capability. The SO and PIC must be able to 

communicate verbally at all times. Electronic messaging or texting 
24

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 
25

flight. The Ground Control Station must be included in the 

preflight inspection. All maintenance and alterations must be 

properly documented in the aircraft records. 

11. Any UAS that has undergone maintenance or alterations that 

affect the UAS operation or flight characteristics, e.g. replacement 

of a flight critical component, must undergo a functional test flight. 

The PIC who conducts the functional test flight must make an 

entry in the aircraft records. 

12. The pre-flight inspection must account for all potential 

discrepancies, e.g. inoperable components, items, or equipment, 

not already covered in the relevant sections of the operating 

documents. 

13. The operator must follow the UAS manufacturer’s 

aircraft/component, maintenance, overhaul, replacement, 

inspection, and life limit requirements.

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

record keeping requirements, in accordance with the operating 

documents. Maintenance, inspection, alterations, and status of 

replacement/overhaul component parts must be noted in the 

aircraft records, including total time in service, description of work 

accomplished, and the signature of the authorized person returning 

the UAS to service. 

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

manufacturer Safety Bulletins. 

16. The authorized person must make an entry in the aircraft record 

of the corrective action taken against discrepancies discovered 

between inspections. 

17. The PIC must possess at least a private pilot certificate and at 

least a current third- class medical certificate. 
26

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. 
27

22. If the UA loses communications or loses its GPS signal, it must 

return to a pre- determined location within the planned operating 

area and land or be recovered in accordance with the operating 

documents. 

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

obstacles or emergencies in accordance with the operating 

documents. 

24. The PIC is prohibited from beginning a flight unless 

(considering wind and forecast weather conditions) there is enough 

power to fly at normal cruising speed to the intended landing point 

and land the UA with 25% battery power remaining. 

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

issued Certificate of Waiver or Authorization (COA) prior to 

conducting any operations under the grant of exemption. This 

COA will also require the operator to request a Notice to Airman 

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

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

accordance with airspace requirements in the ATO issued COA 

including class of airspace, altitude level and potential transponder 

requirements. 

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

identified by serial number, registered in accordance with 14 

C.F.R. part 47, and have identification (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 
28

must be available to the PIC at the Ground Control Station of the 

UAS any time the UAS is operating. These documents must be 

made available to the Administrator or any law enforcement 

official upon request. 

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

manned aviation operations and activities at all times. 

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

device or vehicle. 

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

nonparticipating persons (persons other than the PIC, SO, operator 

trainees or essential persons), vessels, vehicles, and structures 

unless:

a. Barriers or structures are present that sufficiently protect 

nonparticipating persons from the UA and/or debris in the 

event of an accident. The operator must ensure that 

nonparticipating persons remain under such protection. If a 

situation arises where nonparticipating persons leave such 

protection and are within 500 feet of the UA, flight 

operations must cease immediately and/or; 

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

where the owner/controller of such vessels, vehicles or 

structures has granted permission and the PIC has made a 

safety assessment of the risk of operating closer to those 

objects and determined that it does not present an undue 

hazard, and; 

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

essential persons do not present an undue hazard to those 

persons per § 91.119(a). 

32. All operations shall be conducted over private or controlled-
29

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. 

Fredy Chavez 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 Fredy Chavez proposed area of operations, and the 

operating limitations set forth-above; the parallel nature of private pilot 

aeronautical knowledge requirements to those of commercial pilot 

requirements (See Exemption No. 11062); and the airmanship skills 

necessary to safely operate the DJI Phantom 3 UAS, Fredy Chavez

submits that the additional manned airmanship experience of a 

commercially certificated pilot would not correlate to the airmanship 

skills necessary for Fredy Chavez 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, 
30

11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 

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

Fredy Chavez will not allow any PIC to operate the DJI Phantom 3 

UAS unless that PIC has demonstrated, by meeting minimum flight-hour 

requirements or the DJI Phantom 3 UAS training and currency 

requirements, that the PIC is able to safely operate the DJI Phantom 3 

UAS in a manner consistent with this exemption, including evasive and 

emergency maneuvers and maintaining appropriate distances from 

people, vessels, vehicles and structures. 

Specifically, the PIC must have accumulated and logged, in a 

manner consistent with 14 C.F.R. § 61.51(b), 25 hours of total time as a 

UAS rotorcraft pilot (with a minimum of 5 hours of those hours as a 

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

operations under the exemption). In addition to the hour requirements, 

the PIC must accomplish 3 takeoffs and landings in the preceding 90 

days (for currency purposes). 

As in Exemption Nos. 11062, 11138, and 11153, prior documented 

flight experience that was obtained in compliance with applicable 

regulations will ensure an equivalent level of safety during Fredy 

Chavez 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 
31

hour requirements to be inclusive rather than additive; i.e. 5 hours 

make and model time may be included in the 10 hours of multirotor time and the 10 hours may be included in the total 25 hours 

of UAS rotorcraft time. In addition to the hour requirements, the 

PIC must accomplish 3 takeoffs and landings in the preceding 90 

days (for currency purposes). The FAA finds that at a minimum, 

the flight-hour requirements in Exemption No. 11062 are 

appropriate to practice and build proficiency in the skills necessary 

to safely conduct the petitioner’s proposed operations. The FAA 

also finds that prior documented flight experience that was 

obtained in compliance with applicable regulations would satisfy 

this requirement. Training, proficiency, and experience-building 

flights can also be conducted under the grant of exemption to 

accomplish the required flight time. During training, proficiency, 

and experience-building flights the PIC is required to operate the 

UA with appropriate distances in accordance with 14 C.F.R 

91.119. 

Exemption No. 11138 at page 15. 

Accordingly, Fredy Chavez 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, Fredy Chavez 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. 
32

Additionally, the FAA has previously granted relief from Section 

91.7(a) specific to UAS, in circumstances similar, in all material 

respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 

11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 

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

4. Reasons Why An Exemption From The Requirements Of 

Section 91.121 Would Not Adversely Affect Safety. 

The equivalent level of safety established by Section 91.121 will

be maintained because the altitude information of the DJI Phantom 3 UA 

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 Fredy Chavez operation of the DJI 

Phantom 3 UA within visual line of sight, at or below 400 feet AGL, 

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

information will be generated by GPS equipment installed onboard the 

aircraft. Prior to each flight, a zero altitude initiation point is 

automatically established by the UASs at ground level. 

The FAA has previously granted relief from Section 91.121 

specific to UAS, in circumstances similar, in all material respects, to 

those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 

11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 

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

5. Reasons Why An Exemption From The Requirements Of 

Section 91.151(b) Would Not Adversely Affect Safety. 

A grant of this exemption would ensure an equivalent level of 

safety established by 14 C.F.R. Section 91.151(b) as a result of (1) the 

technical specifications of the DJI Phantom 3 UAS; (2) the limitations 

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

flight operations. Accordingly, Fredy Chavez will ensure that it will 

safely operate the battery powered DJI Phantom 3 UA during daylight 
33

hours in VFR conditions, with enough battery power to fly for a total 

duration of 19.5 minutes to the first point of intended landing and, 

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

Here, as in Exemption No. 11109, the technical specifications of 

the DJI Phantom 3 UAS; the limitations on the proposed flight 

operations; and the location of the proposed operations, will ensure an 

equivalent level of safety established by 14 C.F.R. Section 91.151(b). 

Furthermore, safety will be ensured as the DJI Phantom 3 UAS provide 

audible and visual warnings to the PIC at the GCS when the UAs 

experiences low battery voltage, the first warning occurring at 

approximately 33% remaining battery power, and again at 

approximately 10% remaining battery power. At the critically low 

battery level, the DJI Phantom 3 UAS will descend and land 

automatically. 

Significantly, previous exemptions granted by the FAA concerning 

Section 91.151 establish that safety is not adversely affected when the 

technical characteristics and operating limitations of the UAS are 

considered. Relief has been granted for manned aircraft to operate at less 

than the minimums prescribed in Section 91.151, including Exemption 

Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted 

relief from Section 91.151 specific to UAS, in circumstances similar, in 

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

8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 

11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 

11158, 11159, 11160, 11161). 

6. Reasons Why An Exemption From The Requirements Of 

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

91.417(a) & (b) Would Not Adversely Affect Safety. 

In seeking this exemption, Fredy Chavez 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 Fredy 
34

Chavez 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., Monthly 

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

Fredy Chavez 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, Fredy Chavez will maintain the equivalent 

level of safety established by Sections 91.405(a), 91.409(a)(1), and 

91.409(a)(2). A copy of the DJI Phantom 3 User Manual is attached 

hereto as Exhibit B; a copy of the DJI Phantom 3 UAS Maintenance 

LOG is attached hereto as Exhibit C. 

Likewise, the exemption sought will not adversely affect safety 

because Fredy Chavez 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 Fredy Chavez proposed operating limitations, 

the operating documents, and the technical aspects of the DJI Phantom 3 

UAS, Fredy Chavez 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 
35

granted relief specific to UAS in circumstances similar, in all material 

respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 

11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 

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

7. The FAA May Prescribe Any Other Conditions For Safe 

Operation. 

In accordance with Section 333 of the FAA Modernization and 

Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special 

Conditions, Fredy Chavez requests that the FAA prescribe special 

conditions for the intended operation of the DJI Phantom 3 UAS, which 

contain such safety standards that the Administrator finds necessary to 

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

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

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

& (b). Such special conditions will permit safe operation of the UAs for 

the limited purpose of conducting aerial video and photography over 

certain areas of the United States for compensation or hire. FMRA 

Section 333 sets forth the requirements for considering whether a UAS 

will create a hazard to users of the NAS or the public, or otherwise pose 

a threat to national security; and further, provides the authority for such 

UAS to operate without airworthiness certification in accordance with 

any requirements that must be established for the safe operation of the 

UAS in the NAS. 

Likewise, the Administrator may prescribe special conditions 

pursuant to 14 C.F.R. § 21.16, for operation of the DJI Phantom 3 UAS, 

since the airworthiness regulations of 14 C.F.R. Part 21 do not contain 

adequate or appropriate safety standards, due to the novel or unusual 

design features of the aircraft. Section 21.16, entitled Special 

Conditions, states the following:

If the FAA finds that the airworthiness regulations of this 

subchapter do not contain adequate or appropriate safety standards 

for an aircraft, aircraft engine, or propeller because of a novel or 
36

unusual design feature of the aircraft, aircraft engine or propeller, 

he prescribes special conditions and amendments thereto for the 

product. The special conditions are issued in accordance with Part 

11 of this chapter and contain such safety standards for the aircraft, 

aircraft engine or propeller as the FAA finds necessary to establish 

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

See 14 C.F.R. § 21.16. 

Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 

21.16, the FAA may prescribe special conditions for Leading Edge’s 

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

safety standards that the Administrator finds necessary to establish a 

level of safety equivalent to that established by 14 C.F.R. Part 21, 

Subpart H, and 14 C.F.R Sections 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: The Rules From Which Fredy Chavez Seeks Exemption: 

Fredy Chavez 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). 

A Brief Description Of The Nature Of The Exemption Fredy 

Chavez Seeks: 

This exemption will permit Fredy Chavez to commercially operate 

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

aerial video and photography over certain areas of the United 

States. 

G. Any Additional Information, Views, Or Arguments Available To 

Support Fredy Chavez Request. 

This Petition is made pursuant to the FAA Modernization and 
37

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, Fredy Chavez 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, Fredy Chavez 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, Fredy Chavez seeks an exemption pursuant to 

14 C.F.R. § 11.61 and Section 333 of the FAA Modernization and 

Reform Act of 2012 (FMRA), which will permit safe operation of the 

DJI Phantom 3 UAS commercially, without an airworthiness certificate, 

for the limited purpose of conducting aerial video and photography over 

certain areas of the United States. By granting this Petition, the FAA 

Administrator will be fulfilling the Congressional mandate of the FAA 

Modernization and Reform Act of 2012, while also advancing the 

interests of the public, by allowing Fredy Chavez 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, Fredy Chavez 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 

Fredy Chavez to operate the DJI Phantom 3 UAS commercially for the 
38

purpose of conducting aerial video and photography over certain areas 

of the United States. 

Dated October 5, 2015

Respectfully submitted, 

Fredy Chavez

________________________ 

 Fredy Chavez

 2600 Houma Blvd #318

Metairie, LA 70001

Tel: 504-201-3260

Appendices: 

A – DJI Phantom 3 Specifications Data Sheet

B – DJI Phantom 3 Manufacturer’s User Manual 

C – Monthly Maintenance Log 

APPENDIX – A

DJI PHANTOM 3 TECHNICAL SPECIFICATIONS

Fredy Chavez only utilizes safe and reliable UASs. DJI is an industry 
39

leader in small UAS production. DJI UASs are loaded with ground 

breaking software enabling the user to set parameters which will not 

allow flight into controlled airspace. Parameters can also be set to limit 

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

flight to a predetermined and set distance. In addition, DJI software 

provides real-time altitude and location information to the PIC via the 

linked monitor (smart phone/tablet devices) 

1.1 DJI Phantom 3 

1.1.1 Aircraft 

1.1.1.1 Supported Battery – DJI 4480mAH LiPo Battery

1.1.1.2 Weight (Battery & Propellers Included) – 2lb 13.1oz (

1280g) 

1.1.1.3 Hover Accuracy (Ready to Fly) – Vertical: +/- 0.1m; 

Horizontal: +/- 1.5m 

1.1.1.4 Max Yaw Angular Velocity - 2000/s 1.1.1.5 Max Tilt 

Angel - 350	1.1.1.6 Max Ascent Speed – 5m/s 1.1.1.7 Max 

Descent Speed – 3m/s 

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

1.1.2 Gimbal 

1.1.2.1 Working Current – Static: 750mA; Dynamic: 900mA

1.1.2.2 Control Accuracy - ±0.030	

1.1.2.3 Controllable Range – Pitch: -900	- +300	

1.1.2.4 Maximum Angular Speed – Pitch: 900/s 

1.1.3 Camera 

1.1.3.1 Operating Temperature Range - 320F - 1040F (00C -
40

400C) 

1.1.3.2 Sensor Size – 1/2.3” 

1.1.3.3 Effective Pixels – 14M 

1.1.3.4 Resolution – 4384x3288 

4.1.3.5 HD Video Recording – 1080p30 & 720p 

4.1.3.6 Recording Field of View - 1100/850	

1.1.4 Transmitter 

1.1.4.1 Operating Frequency – 2.400 GHz – 2.483 GHz 

1.1.4.2 Communication Distance (unobstructed) – FCC 

Compliance: 800m 

1.1.4.3 Receiver Sensitivity (1%PER) - -101dBm 

1.1.4.4 Transmitter Power – FCC Compliance: 100mW 

1.1.4.5 Working Voltage – 1.2A@7.4V 

APPENDIX – B

http://www.dji.com/product/phantom-3/download 
41

APPENDIX – C

UAS Date: Drotech, 

LLC

Phantom 3 Date 

Observed

Date 

Addressed

Issue 

Description

Maintenance 

Performed 

by:

New 

Software 

Updates

Propellers

Motors

Camera 

Gimbal

Landing 

Gear

Compass 

Calibration

GPS Signal