IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

Pedro Ibanez

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 ADVANCED 

UNMANNED AIRCRAFT SYSTEM

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012 

(PUBLIC LAW 112-95) 

 Submitted on Feb 16, 2016 

 Pedro Ibanez

 13000 Vista del Norte 

 San Antonio, TX 78216 

 Tel: (210) 410-7244 

 

Page 1 of 38

UNITED STATES OF AMERICA 

DEPARTMENT OF 

TRANSPORTATION FEDERAL 

AVIATION ADMINISTRATION 

WASHINGTON, DC 

Regulatory Docket No.___________
TABLE OF CONTENTS

GLOSSARY OF ABBREVIATIONS.......................................................................3 

SUMMARY................................................................................................... 4 

INTRODUCTION AND INTERESTS OF PETITIONER..............................................4 

BACKGROUND..............................................................................................4 

BASIS FOR PETITION..................................................................................... 5 

NAME AND ADDRESS OF PETITIONER. ............................................................ 7 

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH PEDRO IBANEZ SEEKS 

EXEMPTION..................................................................................................8 

THE EXTENT OF RELIEF PEDRO IBANEZ SEEKS AND THE REASON PEDRO IBANEZ 

SEEKS THE RELIEF.......................................................................................11 

THE REASONS WHY GRANTING PEDRO IBANEZ’S REQUEST WOULD BE IN THE 

PUBLIC INTEREST........................................................................................14 

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY 

AFFECT SAFETY...........................................................................................17 

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER......................34 

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO 

SUPPORT PEDRO IBANEZ’S REQUEST..............................................................34 

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

APPENDICES................................................................................................36

Page 2 of 38
GLOSSARY OF ABBREVIATIONS 

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation 

GCS Ground Control Station 

GPS Global Positioning System 

LOL Loss of Link

NAS National Airspace System 

NOTAM Notice to Airman 

PIC Pilot In Command

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

SO Safety Observer

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing 

Page 3 of 38
SUMMARY

Pedro Ibanez 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 Pedro Ibanez 

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

purpose of conducting aerial video and photography of construction 

sites, real estate, and landscape over certain areas of the United States. 

INTRODUCTION AND INTERESTS OF THE PETITIONER 

Pedro Ibanez provides its clients with aerial photo and video. The 

objective of Pedro Ibanez aerial video and photography operations is to 

provide high quality imaging for a variety of commercial, public, and 

residential uses, specifically targeting: 

Motion Picture Filming

Aerial acquisitions used for inspections of public and private structures. 

Real Estate videography and photography 

BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 3 Advance UAS

Pedro Ibanez seeks an exemption to operate DJI systems for 

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

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 Advance has a maximum gross weight of 

approximately 2 pounds 11 ounces, while having a length of 16 inches 

width of 16 inches, height of 8 inches, and a maximum speed of 

approximately 29 knots. The DJI Phantom 3 Advance UAS is equipped 

with four main rotors; driven by Lithium Polymer battery powered 

electric motors. The DJI Phantom 3 Advance UAS that will be operated 

by Pedro Ibanez will be registered in accordance with 49 U.S.C. 44103, 

Registration of Aircraft, as well as 14 C.F.R Part 47, Aircraft 

Page 4 of 38
registration, and marked in accordance with 14 C.F.R. Part 45, 

Identification and Registration Marking. 

BASIS FOR PETITION

Petitioner, Pedro Ibanez, 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 Advance, 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, Pedro Ibanez’s 

operation of DJI Phantom 3 Advance UAS meets the conditions of 

FMRA Section 333and therefore, will not require an airworthiness 

certificate in accordance with 14 C.F.R. Part

21, Subpart H. 

Accordingly, Pedro Ibanez 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. 

Pedro Ibanez submits that the requested relief is proper since an 

equivalent level of safety will be ensured. Pedro Ibanez will use 

experienced personnel or technicians to perform maintenance, 

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

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

Monthly Maintenance Log, and DJI Phantom 3 Advance Instruction 

Manual). Furthermore, Pedro Ibanez will document and maintain all 

maintenance records for the DJI Phantom 3 Advance UAS. 

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

Private pilot privileges and limitations: Pilot in command, is requested 

Page 5 of 38
by Pedro Ibanez 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 Advance UAS in a manner consistent 

with this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from people, vessels, vehicles and 

structures.

Pedro Ibanez seeks relief from Section 91.7(a), entitled Civil aircraft 

airworthiness, because the DJI Phantom 3 Advance UAS does not 

require an airworthiness certificate in accordance with 14 C.F.R. Part 21, 

Subpart H. As such, Pedro Ibanez submits that he will ensure that the 

DJI Phantom 3 Advance UAS is in an airworthy condition, prior to every 

flight, by determining that the UAS is in compliance with the operating 

documents (i.e., MonthlyMaintenance Log, and DJI Phantom 3 Advance 

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

Pedro Ibanez also seeks an exemption from the requirements of Section 

91.121, entitled Altimeter Settings, as the DJI Phantom 3 Advance UAS 

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

information of the DJI Phantom 3 Advance UAS will be provided to the 

PIC via Global Positioning System (GPS) equipment and radio 

communications telemetry data link, which downlinks from the UA to 

the GCS for active monitoring of the flight path. This altitude 

information, combined with Pedro Ibanez’s operation of the DJI 

Phantom 3 Advance UAS within visual line of sight, at or below 500 

feet AGL, will ensure a level of safety equivalent to Section 91.121. 

Additionally, Pedro Ibanez seeks an exemption from the requirements of 

Section 91.151(b), entitled Fuel requirements for flight in VFR 

conditions. Pedro Ibanez submits that safety will not be affected by 

operation of the DJI Phantom 3 Advance UAS during daylight hours in 

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

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

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

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

Page 6 of 38
In accordance with 14 C.F.R. § 11.81, Pedro Ibanez 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: 

Pedro Ibanez

13000 Vista del Norte - Apt 838, TX 78216 Tel: (210) 410-7244

Email: pedro_io@hotmail.com 

B. The Specific Sections Of 14 C.F.R. From Which Pedro Ibanez 

Seeks Exemption. 

1. Pedro Ibanez 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. Pedro Ibanez Seeks Exemption From The Requirements Of Section 

91.7(a). 

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

the following: 

Page 7 of 38
(a) No person may operate a civil aircraft unless it is in an airworthy 

condition. 

3. Pedro Ibanez Seeks Exemption From The Requirements Of Section 

91.121. 

Section 91.121, entitled Altimeter settings, subsection (a), states the 

following, in part: 

(a) Each person operating an aircraft shall maintain the cruising altitude 

or flight level of that aircraft, as the case may be, by reference to an 

altimeter that is set, when operating-- 

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

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

within 100 nautical miles of the aircraft; 

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

of this section, the current reported altimeter setting of an appropriate 

available station; or 

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

the departure airport or an appropriate altimeter setting available before 

departure. 

4. Pedro Ibanez 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. Pedro Ibanez Seeks Exemption From The Requirement Of Section 

91.405(a). 

Page 8 of 38
Section 91.405, entitled Maintenance required, subsection (a), states the 

following: Each owner or operator of an aircraft— (a) Shall have that 

aircraft inspected as prescribed in subpart E of this part and shall 

between required inspections, except as provided in paragraph (c) of this 

section, have discrepancies repaired as prescribed in part 43 of this 

chapter[.] 

6. Pedro Ibanez 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. Pedro Ibanez 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. Pedro Ibanez Seeks Exemption From The Requirements Of Sections 

91.417(a) And 91.417(b). 

Page 9 of 38
Section 91.417, entitled Maintenance records, subsections (a) and (b), 

state the following: 

(a) Except for work performed in accordance with §§ 91.411 and 91.413, 

each registered owner or operator shall keep the following records for 

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

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

and records of the 100-hour, annual, progressive, and other required or 

approved inspections, as appropriate, for each aircraft (including the 

airframe) and each engine, propeller, rotor, and appliance of an aircraft. 

The records must include-- 

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

the work performed; and 

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

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

aircraft for return to service. 

(2) Records containing the following information: 

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

and each rotor. 

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

propeller, rotor, and appliance. 

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

which are required to be overhauled on a specified time basis. 

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

the last inspection required by the inspection program under which the 

aircraft and its appliances are maintained. 

(v) The current status of applicable airworthiness directives (AD) and 

safety directives including, for each, the method of compliance, the AD 

or safety directive number and revision date. If the AD or safety 

Page 10 of 38
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 Pedro Ibanez Seeks And The Reason Pedro 

Ibanez Seeks The Relief. 

1. Extent Of Relief Pedro Ibanez Seeks And The Reason Pedro Ibanez 

Seeks Relief From Section 61.113(a) And (b). 

Relief from Section 61.113(a) and (b) entitled Private pilot privileges 

and limitations: Pilot in command, is requested to the extent necessary to 

allow a PIC holding a private pilot or higher level certificate, as well as a 

current and valid airman medical certificate, and who has met certain 

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

flight operations for compensation or hire. 

This relief is requested since the limitations set forth in Section 

61.113(a) and (b) state that a private pilot may, for compensation or hire, 

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

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

Page 11 of 38
(2) The aircraft does not carry passengers or property for compensation 

or hire. 

As set forth more fully below, Pedro Ibanez submits that an equivalent 

level of safety will be maintained because no PIC will be allowed to 

operate the DJI Phantom 3 Advance 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 Advance 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, Pedro Ibanez submits that all flights of the DJI Phantom 3 

Advance UAS, conducted by the PIC pursuant to the grant of this 

Petition: (1) will be incidental to Pedro Ibanez’s business; and (2) will 

not carry passengers or property for compensation or hire. 

2. Extent Of Relief Pedro Ibanez Seeks And The Reason Pedro Ibanez 

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 Pedro Ibanez to determine that 

the DJI Phantom 3 Advance 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 Advance Instruction Manual). 

Pedro Ibanez seeks the requested relief because the DJI Phantom 3 

Advance UAS does not require an airworthiness certificate in 

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

will ensure that the DJI Phantom 3 Advance UAS is in airworthy 

condition based upon its compliance with the operating documents (i.e., 

Monthly Maintenance Log, and DJI Phantom 3 Advance Instruction 

Manual) prior to every flight, and further, determine that the aircraft are 

in condition for safe flight, as stated in the conditions and limitations 

below. 

Page 12 of 38
3. Extent Of Relief Pedro Ibanez Seeks And The Reason Pedro Ibanez 

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 Advance AS, 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), Pedro Ibanez seeks the requested relief because the DJI Phantom 

3 Advance UA’s altimeter may be set on the ground to zero feet AGL, 

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

flight. 

Considering the limited altitude of the proposed operations, relief from 

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

applicable conditions and limitations stated below. As more fully set 

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

DJI Phantom 3 Advance UAS is equipped with a barometric pressure 

sensor and GPS equipment, which automatically ensures that a ground 

level pressure setting will be established prior to each flight, and 

provides the PIC with altitude information of the UA on the heads-up 

display of the GCS. 

4. Extent Of Relief Pedro Ibanez Seeks And The Reason Pedro Ibanez 

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 Advance UAS during daylight hours in 

visual meteorological conditions (VMC), under visual flight rules 

(VFR), for a total duration of 13.5 minutes to the first point of intended 

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

4.5 minutes. Pedro Ibanez seeks the requested relief because without an 

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

powered DJI Phantom 3 Advance UAS will severely constrain the 

Page 13 of 38
practicality of any aerial video or still photo flight operations that Pedro 

Ibanez proposes to conduct pursuant to this Petition. 

Significantly, as set forth below, the technical specifications of the DJI 

Phantom 3 Advance UAS, the DJI Phantom 3 Advance operating 

documents, and Pedro Ibanez’s proposed operating limitations, ensure 

that Pedro Ibanez will safely operate the battery powered DJI Phantom 3 

Advance UAS during daylight hours in visual meteorological conditions 

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

fly for a total duration of 13.5 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 Pedro Ibanez Seeks And The Reason Pedro Ibanez 

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, 

Pedro Ibanez requests relief from these Sections because the DJI 

Phantom 3 Advance UAS does not require airworthiness certificates. As 

set forth more fully below, the DJI Phantom 3 UAS meets the conditions 

of FMRA Section 333for operation without an airworthiness certificate. 

Accordingly, Pedro Ibanez will use trained technicians to perform 

maintenance, alterations, or preventive maintenance on the UAS using 

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

documents (i.e., the Pedro Ibanez Aerial Operations Manual, Monthly 

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

Furthermore, Pedro Ibanez will document and maintain all maintenance 

records for the DJI Phantom 3 Advance UAS. 

D. The Reasons Why Granting Pedro Ibanez’s Request Would Be In 

The Public Interest; That Is, How It Would Benefit The Public As A 

Whole.

Granting the present Petition will further the public interest by allowing 

Pedro Ibanez to safely, efficiently, and economically perform aerial 

Page 14 of 38
video and photography of construction sites, real estate, and landscape 

over certain areas of the United States. 

Additionally, use of the DJI Phantom 3 Advance UAS will decrease 

congestion of the NAS, reduce pollution, and provide significant 

benefits to the economy. Notably, the benefits of Pedro Ibanez’s 

proposed operation of the DJI Phantom 3 Advance UAS will be realized 

without implicating any privacy issues. 

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

The DJI Phantom 3 Advance 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 Advance 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 Advance UAS does not 

require an airport to takeoff or land. Likewise, a reduction of manned 

aircraft conducting aerial video and photography missions would result 

in fewer aircraft that must be handled by air traffic control during the 

ground, takeoff, departure, arrival, and landing phases of flight 

operations. 

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

Phantom 3 Advance UAS. 

Conducting aerial acquisitions with the DJI Phantom 3 Advance 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 Advance UAS produce no 

air pollution, and is the most viable environmentally conscious 

Page 15 of 38
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 Advance UAS, while reducing the carbon footprint 

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

propelled by battery powered electric motors, rather than an internal 

combustion engine. 

By using the DJI Phantom 3 Advance 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 Advance UAS (weighing approximately 2 pounds 11 

ounces at its maximum gross weight with length of 16 inches, width 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). 

3. Performing Aerial Video and Photography Operations With The DJI 

Phantom 3 Advance UAS Will Benefit TheEconomy. 

In addition to being safe and efficient, the DJI Phantom 3 Advance UAS 

is also an economical alternative to using manned aircraft to conduct 

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

Advance UAS will allow companies and individuals, like Pedro Ibanez, 

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 Advance UAS is one such technology 

that not only allows companies greater operational flexibility compared 

Page 16 of 38
to manned aircraft, but provides such flexibility without the high 

operational cost of a traditional manned aircraft. 

By operating the DJI Phantom 3 Advance UAS, companies and 

individuals such as Pedro Ibanez, 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 Advance 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, Pedro Ibanez’s proposed operation of the DJI 

Phantom 3 Advance UAS will not implicate any privacy issues. 

Specifically, the DJI Phantom 3 Advance UAS will be operated only in 

compliance with operating documents (i.e., the Pedro Ibanez Aerial 

Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 

Advance 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. 

E. 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 

Pedro Ibanez Seeks Exemption. 

1. Reasons Why The DJI Phantom 3 Advance UAS 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, Pedro Ibanez’s 

Page 17 of 38
operation of the DJI Phantom 3 Advance 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 rule making 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 

(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. 

Page 18 of 38
In seeking this exemption, Pedro Ibanez submits that the DJI Phantom 3 

Advance UAS can operate safely in the NAS pursuant to FMRA Section 

333, as demonstrated by: (a) the characteristics of the DJI Phantom 3 

Advance UAS; (b) the pilot certification requirement; and (c) the 

specific operating limitations. 

a. The Specifications Of The DJI Phantom 3 Advance UAS Demonstrate 

Its Safe Characteristics. 

The DJI Phantom 3 Advance 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 Advance UAS. 

The technical specifications of the DJI Phantom 3 Advance UAS is set 

forth by the DJI Phantom 3 Advance Specifications and Data Sheet, 

attached hereto as Exhibit A. 

ii. The DJI Phantom 3 Advance UAS Autonomous Flight And Navigation 

Modes Enable The UAS To Remain Within A Defined Operational Area. 

The DJI Phantom 3 Advance 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 Advance UAS is provided at 

pages 25-35 of the DJI Phantom 3 Advance User Manuals, attached 

hereto as Exhibit B.

iii. The DJI Phantom 3 Advance 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 Advance UAS will 

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

DJI Phantom 3 Advance UAS 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. 

Page 19 of 38
A complete description of the Failsafe Functions of the DJI Phantom 3 

Advance UAS is set forth at pages 13 through 15 of the DJI Phantom 3 

Advance User Manual, attached hereto as Exhibit B. 

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

A complete description of the operation and specifications of the DJI 

Phantom 3 Advance GCS and flight control software is provided at 

pages 32 through 43 of the DJI Phantom 3 Advance User Manual User 

Manual. DJI Phantom 3 Advance User Manuals are attached hereto as 

Exhibits B. 

b. Flight Operations Of DJI Phantom 3 Advance UAS is Limited To The 

Line Of Sight Of A Certificated Pilot in Command With A Safety 

Observer. 

Pedro Ibanez 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 Advance UAS. Additionally, a safety observer will 

assist all pilots during flight time. 

c. Flights Of DJI Phantom 3 Advance UAS Will Be Conducted Pursuant 

To Specific Operating Limitations. 

In seeking this exemption, Pedro Ibanez proposes to commercially 

operate DJI Phantom 3 Advance 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 UAS 

weighing less than 55 pounds maximum gross weight: DJI Phantom 3 

Advance 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. 

Page 20 of 38
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 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, 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 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 

Page 21 of 38
its operating documents. It is the operator’s responsibility to track such 

revisions and present updated and revised documents to the 

Administrator upon request. The operator must also present updated and 

revised documents if it petitions for extension or amendment to the grant 

of exemption. If the operator determines that any update or revision 

would affect the basis upon which the FAA granted the exemption, then 

the operator must petition for amendment to its grant of exemption. The 

FAA’s UAS Integration Office (AFS-80) may be contacted if questions 

arise regarding updates or revisions to the operating documents. 

10. Prior to each flight the PIC must inspect the UAS to ensure that it is 

in a condition for safe flight. If the inspection reveals a condition that 

affects the safe operation of the UAS, the aircraft is prohibited from 

operating until the necessary maintenance has been performed and the 

UAS is found to be in a condition for safe flight. The Ground Control 

Station must be included in the preflight inspection. All maintenance and 

alterations must be properly documented in the aircraft records. 

11. Any UAS that has undergone maintenance or alterations that affect 

the UAS operation or flight characteristics, e.g. replacement of a flight 

critical component, must undergo a functional test flight. The PIC who 

conducts the functional test flight must make an entry in the aircraft 

records. 

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

discrepancies, e.g. inoperable components, items, or equipment, not 

already covered in the relevant sections of the operating documents. 

13. The operator must follow the UAS manufacturer’s aircraft/

component, maintenance, overhaul, replacement, inspection, and life 

limit requirements. 

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

record keeping requirements, in accordance with the operating 

Page 22 of 38
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. 

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. 

Page 23 of 38
19. UAS operations may not be conducted during night, as defined in 

14 C.F.R. § 1.1. All operations must be conducted under visual 

meteorological conditions (VMC). If flight at night is required, a special 

request will be made at the FAA office closest to proposed area of 

operations. Flights under special visual flight rules (SVFR) are not 

authorized. 

20. The UA may not operate within 5 nautical miles of an airport 

reference point as denoted on a current FAA-published aeronautical 

chart unless a letter of agreement with that airport’s management is 

obtained, and the operation is conducted in accordance with a NOTAM 

as required by the operator’s COA. The letter of agreement with the 

airport management must be made available to the Administrator upon 

request. 

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

2,000 feet horizontally from a cloud or when visibility is less than 3 

statute miles from the PIC. 

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

return to a 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. 

Page 24 of 38
25. The operator must obtain an Air Traffic Organization (ATO) issued 

Certificate of Waiver or Authorization (COA) prior to conducting any 

operations under the grant of exemption. This COA will also require the 

operator to request a Notice to Airman (NOTAM) not more than 72 

hours in advance, but not less than 48 hours prior to the operation. All 

operations shall be conducted in accordance with airspace requirements 

in the ATO issued COA including class of airspace, altitude level and 

potential transponder requirements. 

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

identified by serial number, registered in accordance with 14 C.F.R. part 

47, and have identification (N- Number) markings in accordance with 14 

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

27. Before conducting operations, the radio frequency spectrum used 

for operation and control of the UA must comply with the Federal 

Communications Commission (FCC) or other appropriate government 

oversight agency requirements. 

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

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

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

available to the Administrator or any law enforcement official upon 

request. 

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

aviation operations and activities at all times. 

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

or vehicle. 

Page 25 of 38
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 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. 

Pedro Ibanez submits that the equivalent level of safety established by 

Section 61.113(a) and (b) will be maintained because no PIC will be 

Page 26 of 38
allowed to operate the DJI Phantom 3 Advance 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 

Advance UAS in a manner consistent with the exemption, including 

evasive and emergency maneuvers and maintaining appropriate 

distances from people, vessels, vehicles and structures. 

Considering Pedro Ibanez’s 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 Advance UAS, Pedro 

Ibanez submits that the additional manned airmanship experience of a 

commercially certificated pilot would not correlate to the airmanship 

skills necessary for Pedro Ibanez’s specific proposed flight operations. 

The FAA has previously granted relief from Section 61.113(a) and (b) 

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

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

11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 

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

Pedro Ibanez will not allow any PIC to operate the DJI Phantom 3 

Advance UAS unless that PIC has demonstrated, by meeting minimum 

flight-hour requirements or the DJI Phantom 3 Advance UAS training 

and currency requirements, that the PIC is able to safely operate the DJI 

Phantom 3 Advance 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). 

Page 27 of 38
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 Pedro Ibanez’s proposed 

operations. The Administrator has held that prior documented flight 

experience that was obtained in compliance with applicable regulations 

would ensure safe operations, stating as follows: 

In Exemption No. 11062, the FAA required that prior to conducting 

operations for the purpose of motion picture filming (or similar 

operations), the PIC must have accumulated and logged, in a manner 

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

rotorcraft pilot including at least 10 hours logged as a UAS pilot with a 

multi-rotor UAS. Prior to operations under Exemption No. 11062, the 

PIC must also have accumulated and logged a minimum of 5 hours as a 

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

operations under the exemption. For clarification, the FAA considers 

these minimum hour requirements to be inclusive rather than additive; 

i.e. 5 hours make and model time may be included in the 10 hours of 

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

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

must accomplish 3 takeoffs and landings in the preceding 90 days (for 

currency purposes). The FAA finds that at a minimum, the flight-hour 

requirements in Exemption No. 11062 are appropriate to practice and 

build proficiency in the skills necessary to safely conduct the petitioner’s 

proposed operations. The FAA also finds that prior documented flight 

experience that was obtained in compliance with applicable regulations 

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

accomplish the required flight time. During training, proficiency, and 

experience-building flights the PIC is required to operate the UA with 

appropriate distances in accordance with 14 C.F.R 91.119. 

Exemption No. 11138 at page 15.

Accordingly, Pedro Ibanez will ensure safe operations by not allowing 

any 

Page 28 of 38
PIC to operate the DJI Phantom 3 Advance UAS unless that PIC has 

demonstrated, by meeting minimum flight-hour and currency 

requirements, that the PICis able to safely operate the DJI Phantom 3 

Advance 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, Pedro Ibanez will ensure that 

the DJI Phantom 3 Advance UAS is in an airworthy condition based 

upon the UAS’s compliance with its operating documents and as stated 

in the conditions and limitations herein. 

Additionally, the FAA has previously granted relief from Section 91.7(a) 

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

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

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

Advance UAS will be provided to the PIC via GPS equipment and a 

radio communications telemetry data link, which downlinks from the 

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

altitude information, combined with Pedro Ibanez’s operation of the DJI 

Phantom 3 Advance UAS within visual line of sight, at or below 500 

feet AGL, will ensure a level of safety equivalent to Section 91.121. The 

altitude information will be generated by GPS equipment installed 

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

automatically established by the UAS at ground level. 

Page 29 of 38
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 Advance UAS; (2) the limitations on 

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

operations. Accordingly, Pedro Ibanez will ensure that it will safely 

operate the battery powered DJI Phantom 3 Advance UAS during 

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

total duration of 13.5 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 Advance 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 Advance 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 Vision+ 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 is 

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

than the minimums prescribed in Section 91.151, including Exemption 

Page 30 of 38
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, Pedro Ibanez 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 Pedro Ibanez 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., the Pedro Ibanez 

Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 

3 Advance Instruction Manual). Furthermore, Pedro Ibanez will 

document and maintain all maintenance records for the DJI Phantom 3 

Advance UAS. 

Since the DJI Phantom 3 Advance UAS will be inspected as prescribed 

by the operating documents, Pedro Ibanez 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 Advance User Manual are 

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

Maintenance LOG is attached hereto as Exhibit C. 

Likewise, the exemption sought will not adversely affect safety because 

Pedro Ibanez 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), 

Page 31 of 38
because all maintenance of the DJI Phantom 3 Advance 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 is considered. 

In consideration of Pedro Ibanez’s proposed operating limitations, the 

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

Advance UAS, Pedro Ibanez submits that safety will not be adversely 

affected by granting exemption from 14 C.F.R. Sections 91.405(a), 

91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA 

has previously granted relief specific to UAS in circumstances similar, 

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

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

11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 

11161). 

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, 

Pedro Ibanez requests that the FAA prescribe special conditions for the 

intended operation of the DJI Phantom 3 Advance 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 

Page 32 of 38
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 Advance UAS, 

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

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

design features of the aircraft. Section 21.16, entitled Special 

Conditions, states the following: 

If the FAA finds that the airworthiness regulations of this subchapter do 

not contain adequate or appropriate safety standards for an aircraft, 

aircraft engine, or propeller because of a novel or unusual design feature 

of the aircraft, aircraft engine or propeller, he prescribes special 

conditions and amendments thereto for the product. The special 

conditions are issued in accordance with Part 11 of this chapter and 

contain such safety standards for the aircraft, aircraft engine or propeller 

as the FAA finds necessary to establish a level of safety equivalent to 

that established in the regulations. 

See 14 C.F.R. § 21.16.

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

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

intended operation of the DJI Phantom 3 Advance 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 Pedro Ibanez Seeks Exemption: 

Pedro Ibanez 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). 

Page 33 of 38
A Brief Description Of The Nature Of The Exemption Pedro Ibanez 

Seeks: 

This exemption will permit Pedro Ibanez 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 Pedro Ibanez’s Request. 

This Petition is made pursuant to the FAA Modernization and Reform 

Act of 2012 (FMRA) Section 333, which directs the Secretary of 

Transportation to determine if certain UAS may operate safely in the 

NAS. As such, Pedro Ibanez’s request for exemption may be granted 

pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as 

set forth above. FMRA Section 333 sets forth the requirements for 

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

the public, or otherwise pose a threat to national security; and further, 

provides the authority for such UAS to operate without airworthiness 

certification. 

As discussed in detail above, Pedro Ibanez will operate the DJI Phantom 

3 Advance 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, Pedro Ibanez 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 Advance 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 Pedro Ibanez to safely, 

efficiently, and economically operate the DJI Phantom 3 Advance UAS 

commercially within the NAS. 

Page 34 of 38
WHEREFORE, in accordance with the Federal Aviation Regulations and 

the FAA Modernization and Reform Act of 2012, Section 333, Pedro 

Ibanez 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 Leading Edge to operate the DJI 

Phantom 3 Advance UAS commercially for the purpose of conducting 

aerial video and photography over certain areas of the UnitedStates. 

Dated: February 15, 2015 

Appendices: 

Respectfully submitted, Pedro Ibanez 

Pedro Ibanez

13000 Vista del Norte - Apt 838, TX 78216 Tel: (210) 410-7244 

A – DJI Phantom 3 Advance Specifications Data Sheet

B – DJI Phantom 3 Advance Manufacturer’s User Manual

C – Monthly Maintenance Log 

Page 35 of 38
APPENDIX – A 

DJI PHANTOM 3 Advance TECHNICAL SPECIFICATIONS

Pedro Ibanez only utilizes safe and reliable UAS. DJI is an industry 

leader in small UAS production. DJI UAS is 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 Advance 

 . 1.1.1 Aircraft

1.1.1.1 Weight (Battery & Propellers Included) – 2.82lbs (1280g)

1.1.1.2 Hover Accuracy (Ready to Fly) – Vertical: .5m; Horizontal: 

1.5m 1.1.1.4 Max Yaw Angular Velocity - 2000/s

1.1.1.3 Max Tilt Angel - 350

1.1.1.5 Max Ascent Speed – 5m/s

1.1.1.6 Max Descent Speed – 3m/s

1.1.1.7 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 - 00

1.1.2.4 Maximum Angular Speed – Pitch: 900/s 

 . 1.1.3 Camera

1.1.3.1 Operating Temperature Range - 320F - 1040F (00C - 400C) 

1.1.3.2 Sensor Size – 1/2.3” 

1.1.3.3 Effective Pixels – 12.4M

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1.1.3.4 Resolution – 2704 x1520

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 – 5.728GHz – 5.85GHz

1.1.4.2 Communication Distance (unobstructed) – FCC 

Compliance: 800m 1.1.4.3 Receiver Sensitivity (1%PER) - 

-93dBm

1.1.4.4 Transmitter Power – FCC Compliance: 100mW

1.1.4.5 Working Voltage – 120mA@3.7V 

 . 1.1.5 Range Extender

1.1.5.1 Operating Frequency – 2412-2462MHz

1.1.5.2 Communication Distance (unobstructed) – 500-700m 

1.1.5.3 Transmitter Power – 20dBm

1.1.5.4 Power Consumption – 2W 

APPENDIX – C

DJI Phantom 3 Advance Manufacturer’s User Manual

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APPENDIX – E 

MONTHLY MAINTENANCE LOG 

month/year

UAS

Date (Issue Discovered) 

Date (Issue Addressed)

Issue (Description & Maintenance Conducted)

Maintenance (Performed By: ( Print & Sign)) 

Software (Updates)

Airframe:

Engines:

Propellers: 

Camera (Gimbal)

Landing (Gear)

Vibration (Dampening)

Other:

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