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UNITED	STATES	OF	AMERICA	DEPARTMENT	OF	TRANSPORTATION

FEDERAL	AVIATION	ADMINISTRATION	WASHINGTON,	DC

Regulatory	Docket	No.	_______________

IN	THE	MATTER	OF	THE	PETITION	FOR	EXEMPTION	OF:	Alexander	Lange

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,	DJI	PHANTOM	2	VISION+,	AND	DJI	

INSPIRE	1	UNMANNED	AIRCRAFT	SYSTEMS	PURSUANT	TO	SECTION	333	OF	THE	FAA	

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

Submitted	on	February	11,	2016

Alexander	Lange

Hover	With	Us |	Aerial	Imagery

13597	Tiverton	Road

San	Diego,	CA	92130

(760)	473-4546

alexander@hoverwithus.com

www.hoverwithus.com
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TABLE OF CONTENTS

TABLE OF CONTENTS 2

GLOSSARY OF ABBREVIATIONS 3

SUMMARY 4

INTRODUCTION AND INTEREST OF THE PETITIONER 4

BACKGROUND: DJI PHANTOM 3 5

BASIS FOR PETITION 6

SUPPORT OF PETITION 8

NAME & ADDRESS OF THE PETITIONER. 8

SPECIFIC SECTION EXEMPTIONS REQUESTS 8

RECORD KEEPING 11

EXTENT OF RELIEF 11

PUBLIC INTEREST 15

SAFETY CONSIDERATION 17

CONCLUSION 29

APPENDICES 30
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Glossary of Abbreviations

AGL Above	Ground	Level

AOI Area	of	Interest

ATC Air	Traffic	Control

ATO Air	Traffic	Organization

AV Aerial	Vehicle

CFR Code	of	Federal	Regulations

COA Certificate	of	Authorization

FAA Federal	Aviation	Administration

FAR Federal	Aviation	Regulation	

GCS Ground	Control	Station	

GPS Global	Positioning	System

LOL Loss	of	Link	

NAS National	Airspace	System

NOTAM Notice	to	Airman

PIC Pilot	In	Command

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

SO Safety	Observer

SOP Standard	Operating	Procedures

UA Unmanned	Aircraft

UAS Unmanned	Aircraft	System

VFR Visual	Flight	Rules

VLOS Visual	Line	of	Site

VMC Visual	Meteorological	Conditions

VTOL Vertical	Takeoff	and	Landing
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Summary

Alexander	Lange of	Hover	With	Us hereafter	referred	to	as	Alexander	Lange seeks	exemption	

from	the	requirements	of	14	C.F.R	§§	61.113(a)	&	(b),	91.7(a),	91.121,	91.151(b),	91.405(a),	

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

System	(DJI	Phantom	3) pursuant	to	Section	333	of	the	FAA	Modernization	and	Reform	Act	

of	 2012	 (FMRA).	 This	 exemption	 will	 permit	 Alexander	 Lange to	 operate	 an	 Unmanned	

Aircraft	 System	 (UAS)	 for	 the	 commercial	 purpose	 of	 conducting	 aerial	 video	 and	

photography	of	construction	sites,	residential	and	commercial	real	estate,	civil	landscapes	

and	events over	certain	areas	of	the	United	States.	

Introduction and Interest of the Petitioner

Alexander	 Lange with	 his	 part	 time	 staff	 collectively	 have over	 16	 years	 of	 aviation	

experience and	 five	 years’ experience	 providing	 clients	with	 expertise	 and	 knowledge	in	

multimedia	marketing, advertising, events	and	public	relations.	Alexander	Lange has	worked	

dozens of	commercial	productions	in the	past	in	a	variety of	locations with	a	perfect	client	

and	 employee	 safety	 record.	 	 In	 the	 past we	 have	 supplied our	 clients	 aerial	 video	 and	

photography using	 commercial	 aircraft.	 The	 objective	 of	 Alexander	 Lange and	 our	

Unmanned	Aircraft	System	(DJI	Phantom	3) aerial	operations	is	to	provide	a more	affordable,

high-quality	 production	 system	 for	 a	 variety	 of	 governmental,	 commercial,	 public,	 and	

residential	uses,	specifically	targeting:

• Construction	sites	before	and	after

• Appraisals

• Real-estate	marketing

• Economic	development

• Civic landmarks

• Special	event	coverage

• Private	and	governmental	training	

• Live	event	video	for	concerts	and	events

• Surf	and	dive	conditions
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Background: DJI Phantom 3

Alexander	Lange seeks	an	exemption	to	operate	DJI	Phantom	3	system for	compensation	or	

hire	within	the	NAS.	The	DJI	Phantom	3 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 has	a	maximum	gross	weight	 of	approximately	2.8 lb. while	

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

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

by	Lithium	Polymer	battery	powered	electric	motors.	

The	DJI	Phantom	3 that	will	be	operated	by	Alexander	Lange will	be	registered	in	accordance	

with	49	U.S.C.	44103,	Registration	of	Aircraft,	as	well	as	14	C.F.R	Part	47,	Aircraft	Registration,	

and	marked	in	accordance	with	14	C.F.R.	Part	45,	Identification	and	Registration	Marking.
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Basis for Petition

Petitioner,	Alexander	Lange,	pursuant	to	the	provisions	of	the	Federal	Aviation	Regulations	

(14	C.F.R.	§	11.61)	and	the	FAA	Modernization	and	Reform	Act	of	2012	(FMRA),	Section	333,	

Special	Rules	for	Certain	Unmanned	Aircraft	Systems,	hereby	petitions	the	Administrator	to	

commercially	operate	the	DJI	Phantom	3,	UAS in	the	National	Airspace	System	(NAS),	and	for	

an	 exemption	 from	 the	 requirements	 of	 14	 C.F.R	 §§	 61.113(a)	 &	 (b),	 91.7(a),	 91.121,	

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

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

unmanned	aircraft	and	its	operation,	Alexander	Lange operation	of	DJI	Phantom	3 UAS meets	

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

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

Accordingly,	 Alexander	 Lange 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.	

Alexander	 Lange submits	 that	 the	 requested	 relief	 is	 proper	 since	 an	 equivalent	 level	 of	

safety	will	be	ensured.	Alexander	 Lange 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 Instruction	Manual).	Furthermore,	Alexander	Lange will	document	

and	maintain	all	maintenance	records	for	the	DJI	Phantom	3 UAS.	

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

and	limitations:	Pilot	in	command,	is	requested	by	Alexander	Lange 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	 flighthour	and	currency	requirements,	that	the	PIC	is	able	to	safely	operate	the	DJI	Phantom	UAS	

in	a	manner	consistent	with	 this	exemption,	including	evasive	and	emergency	maneuvers	

and	maintaining	appropriate	distances	from	people,	vessels,	vehicles	and	structures.	

Alexander	 Lange seeks	 relief	 from	 Section	 91.7(a),	 entitled	 Civil	 aircraft	 airworthiness,	

because	 the	DJI	Phantom	3	UAS	do	not	require	an	airworthiness	certificate	in	accordance	

with	14	C.F.R.	Part	21,	Subpart	H.	As	such,	Alexander	Lange submits	that	they will	ensure	

that	the	DJI	Phantom	3 UAS is in	an	airworthy	condition,	prior	to	every	flight,	by	determining	

that	the	UAS are	in	compliance	with	the	operating	documents	(i.e.,	Monthly	Maintenance	Log,	

and	DJI	Phantom	3	Instruction	Manual),	and	that	the	aircraft	are	in	a	condition	for	safe	flight.	

Alexander	Lange also	seeks	an	exemption	from	the	requirements	of	Section	91.121,	entitled	

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

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

via	Global	Positioning	System	(GPS)	equipment	and	radio	communications	telemetry	data	
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link,	which	downlinks	from	the	UA	to	the	GCS	for	active	monitoring	of	the	flight	path.	This	

altitude	information,	combined	with	Alexander	Lange’s	operation	of	the	DJI	Phantom	3	UAS	

within	visual	line	of	sight,	at	or	below	400	feet	AGL,	will	ensure	a	level	of	safety	equivalent	

to	Section	91.121.	

Additionally,	 Alexander	 Lange seeks	 an	 exemption	 from	 the	 requirements	 of	 Section	

91.151(b),	entitled	Fuel	requirements	for	flight	in	VFR	conditions.	Alexander	Lange submits	

that	safety	will	not	be	affected	by	operation	of	the	DJI	Phantom	3 UAS during	daylight	hours	

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

battery	 power	 to	 fly	 for	 a	 total	 duration	 of	 approximately	 23 minutes.	 	 Battery	 power	

indicators	are	also	able	to	show	exactly	how	much	battery	power	is	left,	as	well	as	how	much	

time	is	needed	to	return	safely	back	to	point	of	take	off.
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Support of Petition

In	accordance	with	14	C.F.R.	§	11.81,	Alexander	Lange provides	the	following	information	

in	support	of	its	petition	for	exemption:

Name & Address of the Petitioner. 

Alexander	Lange

Owner

Hover	With	Us |	Aerial	Imagery

13597	Tiverton	Road

San	Diego,	CA	92130

760-473-4546

alexander@hoverwithus.com

Specific Section Exemptions Requests 

1.	Alexander	Lange 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.	Alexander	Lange Seeks	Exemption	from The	Requirements	of Section	91.7(a).

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

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

3. Alexander	Lange Seeks	Exemption	from The	Requirements	of Section	91.121.	

Section	91.121,	entitled	Altimeter	settings,	subsection	(a),	states	the	following,	in	part:	
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(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. Alexander	Lange 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. Alexander	Lange Seeks	Exemption	from The	Requirement	of Section	91.405(a).

Section	91.405,	entitled	Maintenance	 required,	 subsection	 (a),	 states	 the	 following:	

Each	owner	or	operator	of	an	aircraft—

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

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

section,	have	discrepancies	repaired	as	prescribed	in	part	43	of	this	chapter[.]	

6.	Alexander	Lange 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[.]	
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7.	Alexander	Lange 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.	Alexander	Lange Seeks	Exemption	from The	Requirements	of Sections	91.417(a)	

And	91.417(b).	

Section	 91.417,	 entitled	 Maintenance	 records,	 subsections	 (a)	 and	 (b),	 state	 the	

following:	

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

registered	 owner	 or	 operator	 shall	 keep	 the	 following	 records	 for	 the	 periods	

specified	in	paragraph	(b)	of	this	section:	

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

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

inspections,	as	appropriate,	for	each	aircraft	(including	the	airframe)	and	each	

engine,	 propeller,	 rotor,	 and	 appliance	 of	 an	 aircraft.	 The	 records	 must	

include--

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

the	work	performed;	and	

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

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

aircraft	for	return	to	service.	

(2)	Records	containing	the	following	information:	

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

each	rotor.	

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

propeller,	rotor,	and	appliance.	
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(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	 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.	

Record Keeping

The	 owner	 or	 operator	 shall	 retain	 the	 following	 records	 for	 the	 periods	

prescribed:	

1. The	records	specified	in	the	above 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	the	above 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.	

Extent of Relief

1.	 Extent	 of Relief	Alexander	 Lange Seeks	 and The	 Reason	Alexander	 Lange 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	
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certain	 flight-hour	 and	 currency	 requirements,	 to	 conduct	 the	 proposed	 UAS flight	

operations	for	compensation	or	hire.	

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

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

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

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

As	set	forth	more	fully	below,	Alexander	Lange submits	that	an	equivalent	level	of	safety	will

be	maintained	because	no	PIC	will	be	allowed	to	operate	the	DJI	Phantom	3 UAS	unless	that	

PIC	has	met	certain	 flight-hour	and	currency	requirements,	demonstrating	 that	 the	PIC	is	

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

operations	specifications	as	described	in	this	exemption,	including	evasive	and	emergency	

maneuvers,	as	well	as	maintaining	appropriate	distances	from	people,	vessels,	vehicles	and	

structures.

Further,	Alexander	Lange submits	that	all	flights	of	the	DJI	Phantom	3 UAS,	conducted	by	the	

PIC	 pursuant	 to	 the	 grant	 of	 this	 Petition:	 (1)	 will	 be	 incidental	 to	 Alexander	 Lange’s	

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

2.	 Extent	 of Relief	Alexander	 Lange Seeks	 and The	 Reason	Alexander	 Lange 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	Alexander	Lange to	determine	that	the	DJI	Phantom	3	UAS are	in	airworthy	

condition	prior	to	every	flight	by	ensuring	that	the	UAS	is	in	compliance	with	the	operating	

documents	(i.e.,	the	Hover	With	Us Aerial	Operations	Manual,	Monthly	Maintenance	Log,	and	

DJI	Phantom	3 Instruction	Manual).	

Alexander	Lange seeks	the	requested	relief	because	the	DJI	Phantom	3	UAS do	not	require	

an	 airworthiness	 certificate	 in	 accordance	 with	 14	 C.F.R.	 Part	 21,	 Subpart	 H.	 Therefore,	

Alexander	Lange will	ensure	that	the	DJI	Phantom	3	UAS are	in	airworthy	condition	based	

upon	its	compliance	with	the	operating	documents	(i.e.,	Monthly	Maintenance	Log,	and	DJI	

Phantom	3)	prior	to	every	flight,	and	further,	determine	that	the	aircraft	are	in	condition	for	

safe	flight,	as	stated	in	the	conditions	and	limitations	below.

3.	 Extent	 of Relief	Alexander	 Lange Seeks	 and The	 Reason	Alexander	 Lange Seeks	

Relief	from Section	91.121.	

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

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

equipment,	 and	 a	 radio	 communications	 telemetry	 data	 link	 to	 downlink	 altitude	

information	 from	 the	 UA	 to	 the	 PIC	 at	 the	 ground	 control	 station	 (GCS).	 Since	 the	 FAA	
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requires	that	any	altitude	information concerning	UAS	operations	be	reported	to	air	traffic	

control	(ATC)	in	feet	above	ground	level	(AGL),	Alexander	Lange seeks	the	requested	relief	

because	the	DJI	Phantom	3	UA’s	altimeter	may	be	set	on	the	ground	to	zero	feet	AGL,	rather	

than	the	local	barometric	pressure	or	field	altitude,	before	each	flight.	

Considering	 the	limited	altitude	of	 the	proposed	operations,	 relief	 from	14	CFR	91.121	is	

sought	 to	 the	 extent	 necessary	 to	 comply	 with	 the	 applicable	 conditions	 and	 limitations	

stated	below.	As	more	fully	set	forth	herein,	an	equivalent	level	of	safety	will	be	maintained	

since	 the	 DJI	 Phantom	 3	 UAS 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.	

4.	 Extent	 of Relief	Alexander	 Lange Seeks	 and The	 Reason	Alexander	 Lange Seeks	

Relief	from Section	91.151(b).	

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

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

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

(VFR),	for	a	total	duration	of	23 minutes. Alexander	Lange seeks	the	requested	relief	because	

without	 an	 exemption	 from	 Section	 91.151(b),	 the	 flight	 time	 duration	 of	 the	 battery	

powered	DJI	Phantom	3	UAS will	severely	constrain	the	practicality	of	any	aerial	video	or	

still	 photo	 flight	 operations	 that	 Alexander	 Lange proposes	 to	 conduct	 pursuant	 to	 this	

Petition.	

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

DJI	Phantom	3	operating	documents,	and	Alexander	Lange’s	proposed	operating	limitations,	

ensure	 that	Alexander	 Lange will	safely	 operate	 the	battery	powered	DJI	Phantom	3	UAS

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

(VFR),	with	enough	battery	power	to	fly	for	a	total	duration	of	23 minutes.

5.	 Extent	 of Relief	Alexander	 Lange Seeks	 and The	 Reason	Alexander	 Lange 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,	 Alexander	 Lange requests	 relief	 from	

these	Sections	because	the	DJI	Phantom	3	UAS do	not	require	airworthiness	certificates.	As	

set	forth	more	fully	below,	the	DJI	Phantom	3	UAS meet	the	conditions	of	FMRA	Section	333	

for	 operation	without	an	airworthiness	 certificate.	Accordingly,	Alexander	 Lange 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	
14

documents	(i.e.,	the	Alexander	Lange Aerial	Operations	Manual,	Monthly	Maintenance	Log,	

and	DJI	Phantom	3	Instruction	Manual).	Furthermore,	Alexander	Lange will	document	and	

maintain	all	maintenance	records	for	the	DJI	Phantom	3	UAS.	
15

Public Interest

Granting	the	present	Petition	will	further	the	public	interest	by	allowing	Alexander	Lange to	

safely,	efficiently,	and	economically	perform	aerial	video	and	photography	of	construction	

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

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

pollution,	and	provide	significant	benefits	to	the	economy.	Notably,	the	benefits	of	Alexander	

Lange’s	proposed	operation	of	the	DJI	Phantom	3	UAS will	be	realized	without	implicating	

any	privacy	issues.	

1.	The	Public	Will	Benefit	from Decreased	Congestion	of The	NAS.	

The	DJI	Phantom	3	UAS are	battery	powered	and	serve	as	a	safe,	efficient,	and	economical	

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

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

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

reduce	noise	and	air	pollution,	as	well	as	increase	the	safety	of	life	and	property	in	the	air	

and	on	the	ground.	

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

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

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

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

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

phases	of	flight	operations.

2.	The	Public	Will	Benefit	from The	Safety	and Efficiency	of The	DJI	Phantom	3	UAS.	

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

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

generated	during	traditional	aerial	video	and	still	photography	 flight	operations.	By	using	

battery	power	and	electric	motors,	the	DJI	Phantom	3	UAS produce	no	air	pollution,	and	is	

the	 most	 viable	 environmentally	 conscious	 alternative	 to	 the	 cabin	 class,	 six-cylinder

internal	 combustion	 engine	 aircraft	 that	 are	 typically	 utilized	 for	 aerial	 video	 and	

photography,	while	burning	approximately	20-30	gallons	per	hour	of	leaded	aviation	fuel.	

The	DJI	 Phantom	 3	 UAS,	 while	 reducing	 the	 carbon	 footprint	 of	 aerial	 acquisitions,	 also	

eliminates	 noise	 pollution,	 as	 the	UAS are	 propelled	 by	 battery	 powered	 electric	motors,	

rather	than	an	internal	combustion	engine.	
16

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

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

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

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

(weighing	 approximately	 2.8 pounds at	 their	 maximum	 gross	 weight with	 diagonal	

dimension	of	23.2	inches,	and	with	no	fuel	on	board),	has	less	physical	potential	for	collateral	

damage	to	life	and	property	on	the	ground,	and	in	the	air,	compared	to	the	manned	aircraft	

that	 typically	 conduct	 similar	 operations	 (weighing	 approximately	 6,000	 pounds	 with	 a	

wingspan	of	approximately	42	feet,	a	length	of	34	feet,	and	a	fuel	capacity	of	180	gallons).	

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

Will	Benefit	the Economy.	

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

alternative	to	using	manned	aircraft	to	conduct	similar	aerial	operations.	As	such,	operation	

of	the	DJI	Phantom	3	UAS will	allow	United	States	based	companies,	like	Alexander	Lange,	to	

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

cost	of	aviation	 fuel	and	 the	Environmental	Protection	Agency	 (“EPA”)	regulatory	actions	

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

alternative	technology	in	order	to	remain	competitive.	Operating	the	battery	powered	DJI	

Phantom	3	UAS is	one	such	technology	that	not	only	allows	companies	greater	operational	

flexibility	 compared	 to	 manned	 aircraft,	 but	 provides	 such	 flexibility	 without	 the	 high	

operational	cost	of	a	traditional	manned	aircraft.	

By	 operating	 the	 DJI	 Phantom	 3	 UAS,	 companies	 such	 as	 Alexander	 Lange,	 can	 remain	

competitive	 and	 profitable,	 and	 therefore,	 provide	greater	job	 stability	 to	 employees	 and	

contractors,	 which	 will	 ultimately	 contribute	 to	 growth	 of	 the	 U.S.	 economy.	 Improved	

financial	performance	of	U.S.	companies,	through	commercial	use	of	the	DJI	Phantom	3	UAS,	

provides	a	stable	workforce	 that	increases	consumer	spending;	improves	local,	state,	and	

federal	tax	revenues;	and	allows	companies	to	invest	in	research	and	development	in	order	

to	remain	competitive	both	in	the	United	States	and	abroad.	

4.	There	Are	No	Privacy	Issues.	

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

decades,	Alexander	Lange’s	proposed	operation	of	the	DJI	Phantom	3	UAS will	not	implicate	

any	privacy	issues.	Specifically,	the	DJI	Phantom	3	UAS will	be	operated	only	in	compliance	

with	 operating	 documents	 (i.e.,	 the	 Hover	 With	 Us Aerial	 Operations	 Manual,	 Monthly	

Maintenance	Log,	and	DJI	Phantom	3	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.	
17

Safety Consideration

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

and	Reform	Act	of	2012	(FMRA)	Section	333.	

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

unmanned	aircraft	and	its	operation,	Alexander	Lange’s	operation	of	the	DJI	Phantom	3	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.	

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

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

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

333	states	the	following,	in	part:	

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

later	 than	 180	 days	 after	 the	 date	 of	 enactment	 of	 this	 Act,	 the	 Secretary	 of	

Transportation	shall	determine	if	certain	unmanned	aircraft	systems	may	operate	

safely	in	the	national	airspace	system	before	completion	of	the	plan	and	rulemaking	

required	by	section	332	of	this	Act	or	the	guidance	required	by	section	334	of	this	

Act.	

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

subsection	(a),	the	Secretary	shall determine,	at	a	minimum--

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

weight,	 speed,	 operational	capability,	 proximity	 to	 airports	 and	 populated	

areas,	 and	 operation	 within	 visual	line	 of	 sight	 do	 not	 create	 a	 hazard	to	

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

national	security;	and

(2)	 whether	 a	 certificate	 of	 waiver,	 certificate	 of	 authorization,	 or	

airworthiness	 certification	 under	 section	 44704	 of	 title	 49,	 United	 States	

Code,	is	required	for	the	operation	of	unmanned	aircraft	systems	identified	

under	paragraph	(1).	

(c)	Requirements	for	Safe	Operation.	--If	the	Secretary	determines	under	this	section	

that	certain	unmanned	aircraft	systems	may	operate	safely	in	the	national	airspace	

system,	 the	 Secretary	 shall	 establish	 requirements	for	 the	 safe	 operation	 of	 such	

aircraft	systems	in	the	national	airspace	system.	

In	seeking	this	exemption,	Alexander	Lange submits	that	the	DJI	Phantom	3	UAS can	operate	

safely	in	the	NAS	pursuant	to	FMRA	Section	333,	as	demonstrated	by:	(a)	the	characteristics	

of	 the	 DJI	 Phantom	 3	 UAS;	 (b)	 the	 pilot	 certification	 requirement;	 and	 (c)	 the	 specific	

operating	limitations.	
18

a.	The	Specifications	of The	DJI	Phantom	3	UAS Demonstrate	Its	Safe	Characteristics.

The	 DJI	 Phantom	 3	 UAS does not	 create	 a	 hazard	 to	 users	 of	 the	 NAS	 or	 the	 public,	 or	

otherwise	 pose	 a	 threat	 to	 national	 security	 considering	 its	 size,	 weight,	 speed,	 and	

operational	capability.	

i.	Technical	Specifications	of The	DJI	Phantom	3	UAS.	

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

Manual,	attached	hereto	as	Appendix	A.	

ii.	The	DJI	Phantom	3	UAS Global	Positioning	Modes	Enable	The	UAS to Remain	

Within	a Defined	Operational	Area.	

The	DJI	Phantom 3	UAS may	be	operated	in	both	manual	and	global	positioning	flight	modes.	

A	 complete	 description	 of	 the	 flight	and	 navigational	modes	 of	 the	DJI	 Phantom	 3	UAS is	

provided	at	pages	11	of	the	DJI	Phantom	3 User	Manual attached	hereto	as	Appendix	A.	

iii.	The	DJI	Phantom	3	UAS Are	Designed	for Automatic	Return	to Home	Point	

or Hover	in The	Event	of Loss	of the Control	Link	or Navigation.	

When	the	Control	Link	is	lost,	the	DJI	Phantom	3	UAS will	remain	stationary,	in	flight,	for	3	

seconds	or	more.	If,	after	3	seconds,	the	DJI	Phantom	3	UAS does not	reacquire	control link	

data	from	the	GCS,	the	UAS will	assume	that	the	Control	Link	is	lost	and	the will	return	to	the	

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

shutdown.	

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

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

iv.	The	DJI	Phantom	3	GCS	and Its	Operation.

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

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

DJI	Phantom	3	User	Manual is attached	hereto	as	Appendix	A.	

b.	Flight	Operations	of DJI	Phantom	3	UAS Is Limited	to The	Line	of Sight	of a

Certificated	Pilot	in	Command	with A	Safety	Observer.	

Alexander	 Lange’s video	 production	 staff	 will	 be	 the	 only	 persons to	 act	 as	 a	 pilot	 in	

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

all	times	during	flight	time.	

c.	Flights	of DJI	Phantom	3	UAS Will	Be	Conducted	Pursuant	to Specific	Operating	

Limitations.	

In	seeking	this	exemption,	Alexander	Lange proposes	to	commercially	operate	DJI	Phantom	

3	UAS for	the	special	purpose	of	conducting	aerial	video	and	photography	over	certain	

areas	of	United	States,	pursuant	to	the	following	specific	operating	limitations.
19

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

aircraft	described	in	the	operating	documents,	rotorcraft	UAS weighing	less	than	

55	pounds’ maximum	gross	weight:	DJI	Phantom	3	Unmanned	Aircraft	Systems.	

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

to	amend	this	grant.	

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

for	the	purpose	of	aerial	video	and	photography.	

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

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

level	(AGL),	as	indicated	by	the	procedures	specified	in	the	operating	documents	

unless	a	special	request	is	made	and	approved	by	ATC.	All	altitudes	reported	 to	

ATC	must	be	in	feet	AGL.	

5.	The	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	 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	
20

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	 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	
21

qualification	flight	hours	must	be	logged	in	a	manner	consistent	with	14	C.F.R.	§	

61.51(b).	Flights	 for	 the purposes	of	 training	 the	operator’s	PICs	are	permitted	

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

conducted	 during	 dedicated	 training	 sessions.	During	 training,	 proficiency,	and	

experience-building	 flights,	 all	 persons	 not	 essential	 for	 flight	 operations	 are	

considered	nonparticipants,	and	 the	PIC	must	operate	 the	UA	with	appropriate	

distance	from	nonparticipants	in	accordance	with	14	C.F.R.	§	91.119.	

19.	UAS	operations	may	not	be	conducted	during	night,	as	defined	in	14	C.F.R.	§	

1.1.	 All	 operations	 must	 be	 conducted	 under	 visual	 meteorological	 conditions	

(VMC).	If	flight	at	night	is	required,	a	special	request	will	be	made	at	the	FAA	office	

closest	 to	 proposed	 area	 of	 operations.	 Flights	 under	 special	 visual	 flight	 rules	

(SVFR)	are	not	authorized.	

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

as	 denoted	 on	 a	 current	 FAA-published	 aeronautical	 chart	 unless	 a	 letter	 of	

agreement	 with	 that	 airport’s	 management	 is	 obtained,	 and	 the	 operation	 is	

conducted	in	accordance	with	a	NOTAM	as	required	by	the	operator’s	COA.	The	

letter	of	agreement	with	the	airport	management	must	be	made	available	to	the	

Administrator	upon	request.	

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

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

PIC.	

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

in	accordance	with	the	operating	documents.	

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

emergencies	in	accordance	with	the	operating	documents.	

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

forecast	 weather	 conditions)	 there	 is	 enough	 power	 to	 fly	 at	 normal	 cruising	

speed	 to	 the	intended	landing	 point	 and	land	 the	UA	with	 25%	 battery	 power	

remaining.	

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

of	Waiver	or	Authorization	(COA)	prior	to	conducting	any	operations	under	the	

grant	of	exemption.	This	COA	will	also	require	the	operator	to	request	a	Notice	to	

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

prior	 to	 the	 operation.	 All	 operations	 shall	 be	 conducted	 in	 accordance	 with	

airspace	requirements	in	the	ATO	issued	COA	including	class	of	airspace,	altitude	

level	and	potential	transponder	requirements.	
22

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

serial	 number,	 registered	 in	 accordance	 with	 14	 C.F.R.	 part	 47,	 and	 have	

identification	(N- Number)	markings	in	accordance	with	14	C.F.R.	part	45,	Subpart	

C.	Markings	must	be	as	large	as	practicable.	

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

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

Commission	 (FCC)	 or	 other	 appropriate	 government	 oversight	 agency	

requirements.	

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

available	to	the	PIC	at	the	Ground	Control	Station	of	the	UAS	any	time	the	UAS	is	

operating.	These	documents	must	be	made	available	to	the	Administrator	or	any	

law	enforcement	official upon	request.	

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

operations	and	activities	at	all	times.	

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

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

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

vessels,	vehicles,	and	structures	unless:	

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	
23

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.

Alexander	Lange submits	that	the	equivalent	level	of	safety	established	by	Section	61.113(a)	

and	(b)	will	be	maintained	because	no	PIC	will	be	allowed	to	operate	the	DJI	Phantom	3	UAS

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

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

consistent	 with	 the	 exemption,	 including	 evasive	 and	 emergency	 maneuvers	 and	

maintaining	appropriate	distances	from	people,	vessels,	vehicles	and	structures.	

Considering	Alexander	Lange’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 UAS,	Alexander	Lange submits	that	the	

additional	manned	 airmanship	 experience	 of	 a	 commercially	 certificated	 pilot	 would	 not	

correlate	to	the	airmanship	skills	necessary	for	Alexander	Lange’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).	

Alexander	Lange will	not	allow	any	PIC	to	operate	the	DJI	Phantom	3 UAS	unless	that	PIC	has	

demonstrated,	 by	meeting	minimum	 flight-hour	 requirements	 or	 the	DJI	 Phantom	3 UAS	

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

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

maneuvers	 and	 maintaining	 appropriate	 distances	 from	 people,	 vessels,	 vehicles	 and	

structures.	

Specifically,	the	PIC	must	have	accumulated	and	logged,	in	a	manner	consistent	with	14	C.F.R.	

§	61.51(b),	25	hours	of	total	time	as	a	UAS	rotorcraft	pilot	(with	a	minimum	of	5	hours	of	

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

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

accomplish	3	takeoffs	and	landings	in	the	preceding	90	days	(for	currency	purposes).	

As	in	Exemption	Nos.	11062,	11138,	and	11153,	prior	documented	flight	experience	that	was	

obtained	in	compliance	with	applicable	regulations	will	ensure	an	equivalent	level	of	safety	

during	 Alexander	 Lange’s	 proposed	 operations.	 The	 Administrator	 has	 held	 that	 prior	
24

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	experience-building	 flights	can	also	be	

conducted	 under	 the	 grant	 of	 exemption	 to	 accomplish	 the	 required	 flight	 time.	

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

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

Exemption	No.	11138	at	page	15.	

Accordingly,	Alexander	Lange will	ensure	safe	operations	by	not	allowing	any	PIC	to	operate	

the	DJI	Phantom	3 UAS	unless	that	PIC	has	demonstrated,	by	meeting	minimum	flight-hour	

and	currency	requirements,	that	the	PIC	is	able	to	safely	operate	the	DJI	Phantom	3 UAS	in	a	

manner	 consistent	with	 the	exemption,	including	evasive	and	emergency	maneuvers	and	

maintaining	appropriate	distances	from	people,	vessels,	vehicles	and	structures.	

3.	Reasons	Why	an Exemption	from The	Requirements	of Section	91.7(a)	Would	Not	

Adversely	Affect	Safety.	

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

to	every	flight,	Alexander	Lange will	ensure	that	the	DJI	Phantom	3 UAS	is	in	an	airworthy	

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

the	conditions	and	limitations	herein.	

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

circumstances	 similar,	in	all	material	 respects,	 to	 those	 presented	 herein	 (e.g.	 Exemption	
25

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	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	

Alexander	Lange’s	operation	of	the	DJI	Phantom	3	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.	

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

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

11063,	11064,	11065,	11066,	11067,	11080,	11109,	11112,	11136,	11138,	11150,	11153,	

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

5.	Reasons	Why	an Exemption	from The	Requirements	of Section	91.151(b)	Would	Not	

Adversely	Affect	Safety.

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

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

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

operations.	Accordingly,	Alexander	Lange will	ensure	that	it	will	safely	operate	the	battery	

powered	DJI	Phantom	3	UAS during	daylight	hours	in	VFR	conditions,	with	enough	battery	

power	to	fly	for	a	total	duration	of	23 minutes.	

Here,	as	in	Exemption	No.	11109,	the	technical	specifications	of	the	DJI	Phantom	3	UAS;	the	

limitations	on	the	proposed	flight	operations;	and	the	location	of	the	proposed	operations,	

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

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

warnings	 to the	 PIC	 at	 the	 GCS	 when	 the	 UAS experiences	 low	 battery	 voltage,	 the	 first	

warning	 occurring	 at	 approximately	 33%	 remaining	 battery	 power,	 and	 again	 at	

approximately	 10%	 remaining	 battery	 power.	 At	 the	 critically	 low battery	 level,	 the	 DJI	

Phantom 3	UAS	will	descend	and	land	automatically.	

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

that	 safety	 is	 not	 adversely	 affected	 when	 the	 technical	 characteristics	 and	 operating	

limitations	of	the	UAS	are	considered.	Relief	has	been	granted	for	manned	aircraft	to	operate	

at	less	 than	 the	minimums	 prescribed	in	Section	 91.151,	including	Exemption	Nos.	 2689,	
26

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,	Alexander	Lange 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	

Alexander	 Lange 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	 Hover	 With	 Us Aerial	 Operations	 Manual,	 Monthly	

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

will	document	and	maintain	all	maintenance	records	for	the	DJI	Phantom	3	UAS.	

Since	the	DJI	Phantom	3	UAS will	be	inspected	as	prescribed	by	the	operating	documents,	

Alexander	 Lange will	 maintain	 the	 equivalent	 level	 of	 safety	 established	 by	 Sections	

91.405(a),	91.409(a)(1),	and	91.409(a)(2).	A	copy	of	the	DJI	Phantom	3	User	Manuals	are	

attached	hereto	as	Appendix	A	and B;	a	copy	of	the	DJI	Phantom	3	UAS	Maintenance	LOG	is	

attached	hereto	as	Appendix	C.	

Likewise,	the	exemption	sought	will	not	adversely	affect	safety	because	Alexander	Lange will	

use	trained	technicians	to	perform	maintenance,	alterations	or	preventive	maintenance	on	

the	 UAS	 using	 the	 methods,	 techniques,	 and	 practices	 prescribed	 by	 the	 operating	

documents.	

Furthermore,	the	exemption	sought	would	maintain	an	equivalent	level	of	safety	established	

by	Sections	91.407,	91.417(a)	and	91.417(b),	because	all	maintenance	of	the	DJI	Phantom	3	

UAS will	 be	 performed	 by	 trained	 technicians.	 Maintenance	 will	 be	 documented	 and	

maintained	utilizing	the	monthly	maintenance	log.	

Significantly,	 previous	 exemptions	 granted	 by	 the	 FAA	 concerning	 Sections	 91.405(a),	

91.407(a)(1),	 91.409(a)(1)	 &	 (a)(2),	 and	 91.417(a)	 &	 (b)	 establish	 that	 safety	 is	 not	

adversely	affected	when	the	technical	characteristics	and	operating	limitations	of	the	UAS	

are	considered.	

In	 consideration	 of	 Alexander	 Lange’s	 proposed	 operating	 limitations,	 the	 operating	

documents,	and	the	technical	aspects	of	the	DJI	Phantom	3	UAS,	Alexander	Lange 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	
27

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,	Alexander	 Lange requests	 that	 the	 FAA	

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

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

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

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

and	91.417(a)	&	(b).	Such	special	conditions	will	permit	safe	operation	of	the	UAS for	the	

limited	purpose	of	conducting	aerial	video	and	photography	over	certain	areas	of	the	United	

States	 for	 compensation	 or	 hire.	 FMRA	 Section	 333	 sets	 forth	 the	 requirements	 for	

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

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

without	 airworthiness	 certification	 in	 accordance	 with	 any	 requirements	 that	 must	 be	

established	for	the	safe	operation	of	the	UAS	in	the	NAS.	

Likewise,	 the	 Administrator	 may	 prescribe	 special	 conditions	 pursuant	 to	 14	 C.F.R.

§	21.16,	for	operation	of	the	DJI	Phantom	3	UAS,	since	the	airworthiness	regulations	of	14	

C.F.R.	Part	21	do	not	contain	adequate	or	appropriate	safety	standards,	due	to	the	novel	or	

unusual	design	features	of	the	aircraft.	Section	21.16,	entitled	Special	Conditions,	states	the	

following:	

If	the	FAA	finds	that	the	airworthiness	regulations	of	this	subchapter	do	not	contain	

adequate	or	appropriate	safety	standards	for	an	aircraft,	aircraft	engine,	or	propeller	

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

propeller,	he	prescribes	special	conditions	and	amendments	thereto	for	the	product.	

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

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

finds	 necessary	 to	 establish	 a	 level	 of	 safety	 equivalent	 to	 that	 established	 in	 the	

regulations.	

See	14	C.F.R.	§	21.16.

Therefore,	 in	 accordance	 with	 FMRA	 Section	 333	 and	 14	 C.F.R.	 §	 21.16,	 the	 FAA	 may	

prescribe	special	conditions	for	Leading	Edge’s	intended	operation	of	the	DJI	Phantom	3	UAS,	

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

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

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

&	(a)(2),	and	91.417(a)	&	(b).
28

A	Summary	That	Can	Be	Published	in The	Federal	Register,	stating:	The	Rules	from

Which	Alexander	Lange Seeks	Exemption:	

Alexander	 Lange seeks	 exemption	 from	 the	 requirements	 of	 14	 C.F.R	 Sections	

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

(a)(2),	and	91.417(a)	&	(b).	

A	Brief	Description	of the Nature	of the Exemption	Alexander	Lange Seeks:	

This	 exemption	 will	 permit	Alexander	 Lange to	 commercially	 operate	 an	 Unmanned	

Aircraft	System	(UAS)	for	the	purpose	of	conducting	aerial	video	and	photography	over	

certain	areas	of	the	United	States.

Any	 Additional	 Information,	 Views,	 Or	 Arguments	 Available	 to Support	 Alexander	

Lange’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,	Alexander	Lange’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,	Alexander	Lange will	operate	the	DJI	Phantom	3	UAS safely	in	

the	NAS,	without	creating	a	hazard	to	users	of	the	NAS,	or	the	public,	or	otherwise	pose	a	

threat	to	national	security.	
29

CONCLUSION

As	set	forth	herein,	Alexander	Lange seeks	an	exemption	pursuant	to	14	C.F.R.	§	11.61	and	

Section	333	of	the	FAA	Modernization	and	Reform	Act	of	2012	(FMRA),	which	will	permit	

safe	operation	of	the	DJI	Phantom	3	UAS commercially,	without	an	airworthiness	certificate,	

for	the	limited	purpose	of	conducting	aerial	video	and	photography	over	certain	areas	of	the	

United	 States. By	 granting	 this	 Petition,	 the	 FAA	 Administrator	 will	 be	 fulfilling	 the	

Congressional	 mandate	 of	 the	 FAA	 Modernization	 and	 Reform	 Act	 of	 2012,	 while	 also	

advancing	the	interests	of	the	public,	by	allowing	Alexander	Lange to	safely,	efficiently,	and	

economically	operate	the	DJI	Phantom	3	UAS commercially	within	the	NAS.	

WHEREFORE,	 in	 accordance	 with	 the	 Federal	 Aviation	 Regulations	 and	 the	 FAA	

Modernization	and	Reform	Act	of	2012,	Section	333,	Alexander	Lange 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	UAS

commercially	for	the	purpose	of	conducting	aerial	video	and	photography	over	certain	areas	

of	the	United	States.

Dated:	August	19,	2015

Respectfully	submitted,

Alexander	Lange

Owner

Hover	With	Us |	Aerial	Imagery

13597	Tiverton	Road

San	Diego,	CA	92130

760-473-4546

alexander@hoverwithus.com
30

Appendices

1. Link	to	DJI	Phantom	3 Manual:

http://download.djiinnovations.com/downloads/phantom_3/en/Phantom_3_Professional_

User_Manual_v1.2_en.pdf