Osage Nation | 627 Grandview Avenue, Pawhuska, OK 74056 | Office: 918-287-5498 | Cell: 918-527-9252

June 2, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal 

Aviation Regulations from 14 CFR 45.23(b); 14 CFR Part 21; 14 CFR 61.113(a) & (b); 

91.105; 91.119; 91.121; 91.151(a); 91.203(a) & (b); 91.405(a); 91.407(a)(1); 

91.409(a)(2); 91.417(a) & (b).

Name and Address of the Petitioner and point of contact:

Osage Nation

Amos Dailey

627 Grandview

Pawhuska, OK 74056

O: (918) 285-5498

C: (918) 527-9252

E: adailey@osagenation-nsn.gov

To whom it may concern,

In pursuant with Section 333 of the FAA Modernization and Reform Act of 2012 and 14 

C.F.R. Part 11, the Osage Nation of Oklahoma (ON), an operator of a small Unmanned 

Aircraft System (UAS) for photography, videography, inspection, and education, seeks an 

exemption from the Federal Aviation Regulations (FARs) to allow commercial operation of 

the DJI Phantom 3 Professional in the Nation Airspace System (NAS).

Osage Nation’s requested exemption would permit the operation of a UASs under controlled 

conditions in project airspace that is: (i) limited, (ii) predetermined, (iii) subject to 

controlled access through our constituents, and (iv) provides greater safety in connection 

with aircraft operations. The Osage Nation believes that an exemption in the tribal 

government industry would enhance safety and fulfill the Secretary of Transportation’s (the 

FAA Administrator’s) responsibilities to establish safe operations of UASs.

The Osage Nation proposes to use one UAS; 1) DJI PHANTOM 3 Professional, for commercial 

photography, videography, inspections, and education. This aircraft has four rotors and four 

motors in a quadcopter configuration (X4). It is only capable of vertical takeoff and landing. 

This UAS weighs less than 55 lbs. including payload. Can fly, under normal conditions, at a 

speed of no more than 30 knots and has the capability to hover, and move in the vertical 

and horizontal plane simultaneously. This UAS is equipped with GPS and auto-return 

function to the predetermined safe landing area as well as allowing reading of magnetic 

interference that can cause loss off GPS signal. The UAS will operate only in line of sight and 

will operate only within a sterile closed-set area of a residential or commercial listing, open 

desolate areas near rural farms or a closed-set special event. Such operations will insure 

that the UAS will “not create a hazard to users of the national airspace system or the 

public.” (Reform Act Section 333 (b)).
Osage Nation | 627 Grandview Avenue, Pawhuska, OK 74056 | Office: 918-287-5498 | Cell: 918-527-9252

Given the small size of the UAS involved and the restricted sterile environment within which 

they will operate, we believe, the Osage Nation falls within that zone of safety (an 

equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, 

allow commercial operations of UASs to commence immediately. Also due to the size of the 

UASs and the restricted areas in which the relevant UAS will operate, approval of the 

application presents no national security issue. 

Given the clear direction in Section 333 of the Reform Act, the authority contained in the 

Federal Aviation Act, as amended; the strong equivalent level of safety surrounding the 

proposed operations, and the significant public benefit, including enhanced safety, reduction 

in environmental impacts, including reduced emissions associated with allowing UASs for 

aerial inspections, education, photography and videography, the grant of the requested 

exemptions is in the public interest. Accordingly, the Osage Nation respectfully requests that 

the FAA grant the requested exemption without delay.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The Osage Nation proposes that the exemption requested herein apply to civil aircraft that 

have the characteristics and that operate with the limitations listed herein. These limitations 

provide for at least an equivalent or even higher level of safety to operations under the 

current regulatory structure because the proposed operations represent a safety 

enhancement to the already safe aerial inspections, education, photography and 

videography operations conducted with conventional aircraft. These limitations and 

conditions to which Osage Nation agrees to be bound when conducting commercial 

operations under an FAA issued exemption include: 

1. The UAS will weigh less than 55 lbs. 

2. Flights will be operated within line of sight of a pilot and/or observer. 

3. Maximum total flight time for each operational flight will be 30 minutes or less. 

Flights will be terminated at 25% battery power reserve should that occur prior to 

the 30 minute limit. 

4. Flights will be operated at an altitude of no more than 400 feet AGL or, not more 

than 200 feet above an elevated platform for which filming is planned. 

5. Minimum crew for each operation will consist of the UAS Pilot, the Visual Observer, 

and or Camera Operator. 

6. Additional camera will be filming UAS in flight at applicable times 

7. The UAS will only operate within a confined sterile closed-set area with a set safety 

perimeter, the boundaries of which will be determined by the UAS PIC based on the 

site-specific activities and speed of the UAS required for the operation, and 

coordinated with the jurisdictional FAA FSDO and local government officials as 

applicable. 

8. A briefing will be conducted in regards to the planned UAS operations prior to each 

day’s production activities. It will be mandatory that all personnel who will be 

performing duties within the boundaries of the safety perimeter be present for this 

briefing. 
Osage Nation | 627 Grandview Avenue, Pawhuska, OK 74056 | Office: 918-287-5498 | Cell: 918-527-9252

9. The UAS Pilot and/or Aerial Coordinator will ensure this safety perimeter that only 

consenting personnel will be allowed within 100 feet of the UAS operation by not 

permitting anyone who had not been briefed or whom is not involved in production 

to be in the closed-set area, and 500 ft away from people not directly involved in 

operations. 

10. Observer and PIC will at all times be able to communicate by voice and/or two way 

radio communication system. 

11.Written and/or oral permission from the relevant property holders will be obtained. 

12. If applicable, all required permissions and permits will be obtained from territorial, 

state, county or city jurisdictions, including local law enforcements, fire, or other 

appropriate governmental agencies. 

13. If the UAS loses communications or loses its GPS signal, the UAS will have the 

capability to return to a predetermined location within the Security Perimeter and 

land safely. 

14. The UAS will have the capability to abort flight in case of unpredicted obstacles or 

emergencies.

14 C.F.R. Part 21, Subpart HCertification procedures for products and parts, Airworthiness 

Certificates

The Osage Nation seeks exemption from 14 CFR 21, Subpart H, entitled 

Airworthiness Certificates, establishes the procedural requirements for the issuance of 

airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited 

operating area associated with the aircraft to be utilized by the Osage Nation, an exemption 

from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 

11 and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and 

Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the 

requirement for an airworthiness certificate, upon consideration of the size, weight, speed, 

operational capability, and proximity to airports and populated areas of the particular UAS. 

In all cases, an analysis of these criteria demonstrates that the UAS operated without an 

airworthiness certificate, in the restricted environment and under the conditions proposed 

will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) 

operating with an airworthiness certificate without the restrictions and conditions proposed. 

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

with the unmanned aircraft and its operation, Osage Nation’s operation of DJI Phantom 3

Professional, 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.

14 C.F.R. § 45.23 (b). Marking of the Aircraft 

The Osage Nation seeks exemption from 14 C.F.R. 45.23, which discusses the 

display of marks. Specifically, section 45.23 states, “(a) each operator of an aircraft must 

display on that aircraft marks consisting of the Roman capital letter “N” (denoting United 

States registration) followed by the registration number of the aircraft. Each suffix letter 

used in the marks displayed must also be a Roman capital letter (b) when marks include 

only the Roman capital letter “N” and the registration number is displayed on limited, 

restricted or light-sport category aircraft or experimental or provisionally certificated 

aircraft, the operator must also display on that aircraft near each entrance to the cabin, 
Osage Nation | 627 Grandview Avenue, Pawhuska, OK 74056 | Office: 918-287-5498 | Cell: 918-527-9252

cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the 

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

The Osage Nation will need exemption from this regulation due to the small size of 

the aircraft and that there is no cabin, cockpit, or pilot station for the aircraft. The words 

“Experimental” can be placed on the fuselage in compliance with §45.29 (f) where the pilot, 

observer and others working with the UA will see the identification of the UAS as 

“Experimental.” The FAA has issued the following exemptions to this regulation to 

Exemptions Nos. 10700, 8738, 10167 and 10167A.

14 C.F.R. § 61.113 (a) & (b): Private Pilot Privileges and Limitations: Pilot in Command.

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 meet all 

requirements as described in the DJI Phantom 3 Professional owner’s manual 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 more fully below, the Osage Nation submits that an equivalent level of 

safety will be maintained because no PIC will be allowed to operate the DJI Phantom 3 

Professional UAS unless that PIC has demonstrated that the PIC is able to safely operate 

either the DJI Phantom 3 Professional 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, the Osage Nation submits that all flights of the DJI Phantom 3 Professional 

UAS, conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to the 

Osage Nation; and (2) will not carry passengers or property for compensation or hire.

14 C.F.R. 91.105 – Flight crewmembers at stations 

The Osage Nation seeks exemption from 14 C.F.R. 91.105, which discusses flight 

crewmembers at stations. Specifically, 91.105 states “(a) During takeoff and landing, and 

while en route, each required flight crewmember shall (1) Be at the crewmember station 

unless the absence is necessary to perform duties in connection with the operation of the 

aircraft or in connection with physiological needs; and (2) Keep the safety belt fastened 

while at the crewmember station. (b) Each required flight crewmember of a U.S.-registered 

civil aircraft shall, during takeoff and landing, keep his or her shoulder harness fastened 

while at his or her assigned duty station. This paragraph does not apply if (1) The seat at 

the crewmember's station is not equipped with a shoulder harness; or (2) The crewmember 

would be unable to perform required duties with the shoulder harness fastened. The Osage 

Nation will need exemption from this regulation due to the fact that the UAS will not have a 

flight crew or crew stations other than the PIC and a observer. The PIC will also not have to 

be restrained into a seat via shoulder harness or safety belt at the time of the flight.

14 C.F.R. 91.119 – Minimum safe altitudes: General 

The Osage Nation seeks exemption from 14 C.F.R. 91.119, which discusses minimum 

safe altitudes. Since project needs are low-level data collection and the majority of flight will 

be less than 200ft AGL and no more than 400ft AGL, this would not pertain to our UAS 

operations.
Osage Nation | 627 Grandview Avenue, Pawhuska, OK 74056 | Office: 918-287-5498 | Cell: 918-527-9252

14 C.F.R. 91.121– Altimeter settings 

The Osage Nation seeks relief from Section 91.121, entitled Altimeter settings, may 

be required to allow flight operations of the DJI Phantom 3 Professional 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), The Osage Nation

seeks the requested relief because the DJI Phantom 3 Professional 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 Professional UA are equipped with a barometric 

pressure sensor and GPS equipment, which automatically ensures that a ground level 

pressure setting will be established prior to each flight, and provides the PIC with altitude 

information of the UA on the heads-up display of the GCS.

14 C.F.R. 91.151– Fuel requirements for flights in Visual Flight Rules (VFR) conditions 

The Osage Nation seeks exemption from 14 C.F.R. 91.151, which discusses fuel 

requirements for flight in VFR conditions. Specifically, 91.151 states “(a) No person may 

begin a flight in an airplane under VFR conditions unless (considering wind and forecast 

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

assuming normal cruising speed— (1) During the day, to fly after that for at least 30 

minutes; or (2) At night, to fly after that for at least 45 minutes. (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 ”. The Osage Nation’s UAS 

has a typical flight time of less than 20 minutes with maximum flight time of 25 minutes. 

Since this amount less than the 30 minute reserve minimum, this reserve minimum would 

not make sense in allowing the UAS a chance to fly. According to the Osage Nation’s aircraft 

flight manual, the PIC is instructed to maintain flight until battery power reaches 25%, or 

1st level warning. At this level, landing procedures will be initiated. Once the UAS reads 

20%, 2nd level warning, the flight control system automatically take over and initiates safe 

landing sequence at the logged in takeoff point. 

14 C.F.R. 91.203 - Civil aircraft: certification required 

The Osage Nation seeks exemption from 14 C.F.R. 91.203, which discusses states: 

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

within it the following: (1) An appropriate and current airworthiness certificate. Each U.S. 

airworthiness certificate used to comply with this subparagraph (except a special flight 

permit, a copy of the applicable operations specifications issued under §21.197(c) of this 

chapter, appropriate sections of the air carrier manual required by parts 121 and 135 of this 

chapter containing that portion of the operations specifications issued under §21.197(c), or

an authorization under §91.611 must have on it the registration number assigned to the 

aircraft under part 47 of this chapter. However, the airworthiness certificate need not have 

on it an assigned special identification number before 10 days after that number is first 

affixed to the aircraft. A revised airworthiness certificate having on it an assigned special 

identification number, which has been affixed to an aircraft, may only be obtained upon 

application to an FAA Flight Standards district office. (2) An effective U.S. registration

certificate issued to its owner or, for operation within the United States, the second copy of 

the Aircraft registration Application as provided for in §47.31(c), or a registration 

certification issued under the laws of a foreign country. (b) No person may operate a civil 
Osage Nation | 627 Grandview Avenue, Pawhuska, OK 74056 | Office: 918-287-5498 | Cell: 918-527-9252

aircraft unless the airworthiness certificate required by paragraph (a) of this section or a 

special flight authorization issued under §91.715 is displayed at the cabin or cockpit 

entrance so that it is legible to passengers or crew. (c) No person may operate an aircraft 

with a fuel tank installed within the passenger compartment or a baggage compartment 

unless the installation was accomplished pursuant to part 43 of this chapter, and a copy of 

FAA Form 337 authorizing that installation is on board the aircraft. (d) No person may 

operate a civil airplane (domestic or foreign) into or out of an airport in the United States 

unless it complies with the fuel venting and exhaust emissions requirements of part 34 of 

this chapter”. The Osage Nation believes that an appropriate and current airworthiness 

certificate would not be necessary to fly a UAS given the size of the aircraft and the 

necessary level of skill needed to operate the aircraft. Before putting in to service, our UAS 

goes through our own airworthiness procedures of minimum test flight and reliability 

checks. Also, our UAS are recalibrated each at the site location before each flight to ensure 

that all systems functions as designed. The Osage Nation seeks exemption from this 

regulation because we believe this rule was not meant for a UAS and operators.

14 C.F.R. 91.405, 91.407, 91.409, and 91.417 

The Osage Nation seeks exemption from 14 C.F.R. 91.405, 91.407, 91.409, and 

91.417, which discusses required aircraft maintenance, operation after maintenance, 

preventive maintenance, rebuilding or alteration, inspections, and maintenance records. In 

the DJI Phantom 3 Professional flight manual, maintenance and inspection procedures have 

been established for the aircraft. The Osage Nation believes these regulations are meant for 

manned operated aircrafts and not unmanned systems, therefore making them 

unnecessary.

The Reasons for granting my request are entirely beneficial to the governmental operation 

of the Osage Nation as a whole. 

Granting the present Petition will further the public interest by allowing the Osage 

Nation to safely, efficiently, and economically perform aerial video and photography of 

historical sites, construction sites, real estate and inspect over certain areas of the Osage 

Nation. To assist our constituents in helping them understand and view our land from our

services.

This exemption application is expressly submitted to fulfill Congress’ goal in passing 

Section 333(a) through (c) of the Reform Act. This law directs the Secretary of 

Transportation to consider whether certain unmanned aircraft systems may operate safely 

in the national airspace system (NAS) before completion of the rule making required under 

Section 7 332 of the Reform Act. In making this determination, the Secretary is required to 

determine which types of UAS do not create a hazard to users of the NAS or the public or 

pose a threat to national security in light of the following:

• The UAS’s size, weight, speed and operational capability; 

• Operation of the UAS in close proximity to airports and populated areas; and 

• Operation of the UAS within visual line of sight of the operator. 

Reform Act § 333 (a). Lastly, id. the Secretary determines that such vehicles “may operate 

safely in the national airspace system, the Secretary shall establish requirements for the 

safe operation of such aircraft in the national airspace system.” Id. §333(c). 

Given the small size of the UAS involved and the restricted sterile environment 

within which they will operate, the applicant falls squarely within that zone of safety (an 
Osage Nation | 627 Grandview Avenue, Pawhuska, OK 74056 | Office: 918-287-5498 | Cell: 918-527-9252

equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, 

allow commercial operations of UASs to commence immediately. Also due to the size of the 

UASs and the restricted areas in which the relevant UAS will operate, approval of the 

application presents no national security issue. Given the clear direction in Section 333 of 

the Reform Act, the authority contained in the Federal Aviation Act, as amended; the strong 

equivalent level of safety surrounding the proposed operations, and the significant public 

benefit, including enhanced safety, reduction in environmental impacts, including reduced 

emissions associated with allowing UASs for movie and television operations, the grant of 

the requested exemptions is in the public interest. Accordingly, the applicant respectfully 

requests that the FAA grant the requested exemption without delay.

REASONS BENEFICIAL TO THE PUBLIC/COMMUNITY 

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

The DJI Phantom 3 Professional UA 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 Professional 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 Professional 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. 

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

Professional UAS. 

Conducting aerial acquisitions with the DJI Phantom 3 Professional 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 Professional 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 Professional 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 Professional 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 Professional 

UA (weighing approximately 2 pounds 11 ounces, at their maximum gross weights with 

length of 16 inches, widths of 16 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). 
Osage Nation | 627 Grandview Avenue, Pawhuska, OK 74056 | Office: 918-287-5498 | Cell: 918-527-9252

3. Performing Aerial Videography, Photography, and Inspections, Operations with the DJI 

Phantom 3 Professional UAS Will Benefit the Economy. 

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

economical alternative to using manned aircraft to conduct similar aerial operations. As 

such, operation of the DJI Phantom 3 Professional UAS will allow United States based 

companies 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 Professional 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. 

By operating the DJI Phantom 3 Professional UAS, companies 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 Professional 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, the Osage Nation’s proposed operation of the DJI Phantom 3 Professional UAS 

will not implicate any privacy issues. Specifically, the DJI Phantom 3 Professional UAS will 

be operated only in compliance with operating documents (i.e., Monthly Maintenance Log, 

and DJI Phantom 3 Professional Instruction Manual) 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.

The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or How The 

Exemption Would Provide A Level Of Safety At Least Equal To That Provided By The Rule 

From Which JWR Seeks Exemption. 

1. Reasons Why The DJI Phantom 3 Professional 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, the Osage Nation’s operation of the DJI Phantom 3 Professional

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

accordance with 14 C.F.R. Part 21, Subpart H. In seeking this exemption, the Osage Nation submits that 

the DJI Phantom 3 Professional UAS can operate safely in the NAS pursuant to FMRA Section 333, as 

demonstrated by: (a) the characteristics of the DJI Phantom 3 Professional UAS; (b) the specific 

operating limitations. 
Osage Nation | 627 Grandview Avenue, Pawhuska, OK 74056 | Office: 918-287-5498 | Cell: 918-527-9252

a. The Specifications Of The DJI Phantom 3 Professional UAS Demonstrate Its Safe 

Characteristics. 

The DJI Phantom 3 Professional 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 Professional UAS. 

The technical specifications of the DJI Phantom 3 Professional UAS are set 

forth by the DJI Phantom 3 Professional Specifications and Data Sheet. 

ii. The DJI Phantom 3 Professional UAS Autonomous Flight And Navigation Modes 

Enable The UAS To Remain Within A Defined Operational Area. 

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

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

navigational modes of the DJI Phantom 3 Professional UAS User Manuals. 

iii. The DJI Phantom 3 Professional and DJI Inspire 1 UASs 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 Professional UA will remain 

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

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

the UA will assume that the Control Link is lost and the UA 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 Professional UA are set forth in the DJI Phantom 3 Professional 

User Manual, attached. 

iv. The DJI Phantom 3 Professional GCS And Its Operation. 

A complete description of the operation and specifications of the DJI Phantom 

3 Professional GCS and flight control software is provided in the DJI Phantom 

3 Professional User Manual.

b. Flight Operations Of DJI Phantom 3 Professional UAS Are Limited To The Line Of 

Sight Of The Pilot in Command With A Safety Observer. 

The Osage Nation will utilize employees of the nation to act as a pilot in command (PIC) of the 

DJI Phantom 3 Professional UAS. Additionally, a safety observer will assist all pilots during 

flight time.

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

Operating Limitations. 

In seeking this exemption, the Osage Nation proposes to commercially operate DJI 

Phantom 3 Professional UAS for the 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 Professional UAS. Proposed 
Osage Nation | 627 Grandview Avenue, Pawhuska, OK 74056 | Office: 918-287-5498 | Cell: 918-527-9252

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 UA may not be flown at an indicated airspeed exceeding 20 knots. 

4. The UA must be operated at an altitude of no more than 500 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.

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 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. 
Osage Nation | 627 Grandview Avenue, Pawhuska, OK 74056 | Office: 918-287-5498 | Cell: 918-527-9252

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 UASs 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 meet or exceed all requirements as set forth by manufacturer in 

order to justifiably operate the DJI Phantom 3 Professional.

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.

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. The letter of agreement with the airport 

management must be made available to the Administrator upon request. 

21. The UA may not be operated less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC. 

22. If the UA loses communications or loses its GPS signal, it must return to a predetermined location within the planned operating area and land or be recovered in 

accordance with the operating documents. 

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

emergencies in accordance with the operating documents.
Osage Nation | 627 Grandview Avenue, Pawhuska, OK 74056 | Office: 918-287-5498 | Cell: 918-527-9252

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. 

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. Operating documents and grant exemption must be available to the PIC at the 

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

must be made available to the Administrator or any law enforcement official upon 

request. 

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

operations and activities at all times. 

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

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

persons (persons other than the PIC, SO, operator trainees or essential persons), 

vessels, vehicles, and structures unless: a. Barriers or structures are present that 

sufficiently protect nonparticipating persons from the UA and/or debris in the event 

of an accident. The operator must ensure that nonparticipating persons remain under 

such protection. If a situation arises where nonparticipating persons leave such 

protection and are within 500 feet of the UA, flight operations must cease 

immediately and/or; b. The aircraft is operated near vessels, vehicles or structures 

where the owner/controller of such vessels, vehicles or structures has granted 

permission and the PIC has made a safety assessment of the risk of operating closer 

to those objects and determined that it does not present an undue hazard, and; c. 

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

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

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

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

from land owner/controller or authorized representative will be obtained for each 

flight to be conducted. 

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

boundaries of the operational area 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

THE OSAGE NATION AFFIRMS ALL INFORMATION LISTED ABOVE TO BE TRUE AND BINDING 

UPON FAA’S FINDINGS OF EXEMPTION REGARDING COMMERCIAL OPPERATIONS OF LISTED 

UAS, UNTIL FURTHER NOTICE OF LAWS OR REGULATIONS DECIDED BY THE 

GOVERNEMENT/FAA. THANK YOU FOR YOUR CONSIDERATION.