UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC

Regulatory Docket No. _______________

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

Paul Remde

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF 

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS

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

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

OPERATION OF DJI PHANTOM 3 PROFESSIONAL, DJI INSPIRE 1 AND DJI 

INSPIRE 1 PRO UNMANNED AIRCRAFT SYSTEMS

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012 

(PUBLIC LAW 112-95)

Submitted on December 20, 2015

Paul Remde

Cumulus Soaring, Inc

8661 Connelly Place

Savage, MN 55378-2169

Tel: (952) 445-9033
2

TABLE OF CONTENTS

Page 

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

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

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

BACKGROUND....................................................................................................................5

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

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

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH PAUL REMDE

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

THE EXTENT OF RELIEF PAUL REMDE SEEKS AND THE REASON PAUL

REMDE SEEKS THE RELIEF......................... 12

THE REASONS WHY GRANTING PAUL REMDE’S REQUEST WOULD BE 

IN THE PUBLIC INTEREST ......................................................... 15

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT 

ADVERSELY AFFECT SAFETY..........................................................................19

CONCLUSION....................................................................................................................33

APPENDICES........................................................................................35
3

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
4

SUMMARY

PAUL REMDE 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 Unmanned Aircraft Systems pursuant to Section 333 of the 

FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit PAUL

REMDE, owner of Cumulus Soaring, inc) to operate an Unmanned Aircraft System (UAS) 

for the commercial purpose of conducting aerial video and photography of construction 

sites, Energy Inspections, real estate, special events, corporate marketing and landscape 

over certain areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

PAUL REMDE is the Owner of Cumulus Soaring Inc. and is looking to expand the 

services he provides his clients to include aerial photography and videography. He 

currently holds a private pilot license for Gliders and has held this since 1990. PAUL

REMDE is looking to share his expertise and knowledge in advanced technologies and 

solutions to increase efficiency, productivity and effectiveness. PAUL REMDE also 

provides his clients with the highest quality digital content for use in their commercial, 

personal, and non-profit multimedia projects. PAUL REMDE has over 500-hours aerial 

expertise with gliders and has worked with small model aircraft and simulators since 1982. 

He has several years recreational/hobby experience in all aspects of aerial video and 

photography. The objective of PAUL REMDE’s aerial video and photography operations 

is to provide high quality imaging (under 400 ft) for real estate, construction, Energy
5

inspections, special events, corporate marketing, landscape and recreational markets in 

Minnesota and the surrounding states. 

BACKGROUND

Unmanned Aircraft System: DJI Phantom 3 Professional 

PAUL REMDE seeks an exemption to operate DJI systems for compensation or 

hire within the NAS. DJI Phantom 3 Professional is a vertical takeoff and landing (VTOL) 

Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet 

or smart phone systems. The DJI PHANTOM 3 PROFESSIONAL has a maximum gross 

weight of approximately 35.5 oz, while having a length of 17.25 inches width of 17.75

inches, height of 12 inches, and a maximum speed of approximately 20 knots. The DJI 

Phantom 3 Professional UAs are equipped with four main rotors; driven by Lithium 

Polymer battery powered electric motors.

DJI Phantom 3 Professional UAs that will be operated by PAUL REMDE has been 

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. (N#: N472PR – Serial NumberP76DCJ21A26303)

BASIS FOR PETITION

Petitioner, PAUL REMDE, 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 Professional UAS

in the National Airspace System (NAS), and for an exemption from the requirements of 14 
6

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, PAUL REMDE’s operation of the DJI 

Phantom 3 Professional 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, PAUL REMDE 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. 

PAUL REMDE submits that the requested relief is proper since an equivalent level 

of safety will be ensured. PAUL REMDE 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 Professional Instruction Manual). Furthermore, 

PAUL REMDE will document and maintain all maintenance records for the DJI Phantom 

3 Professional UAS.

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

privileges and limitations: Pilot in command, is requested by PAUL REMDE 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 Professional UAS in a manner consistent with this exemption, including 
7

evasive and emergency maneuvers and maintaining appropriate distances from people, 

vessels, vehicles and structures. 

PAUL REMDE seeks relief from Section 91.7(a), entitled Civil aircraft 

airworthiness, because the DJI Phantom 3 Professional UAS does not require an 

airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, PAUL 

REMDE submits that he will ensure that the DJI Phantom 3 Professional 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 

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

PAUL REMDE also seeks an exemption from the requirements of Section 91.121, 

entitled Altimeter Settings, as DJI Phantom 3 Professional UA will not have a typical 

barometric altimeter onboard. However, altitude information of DJI Phantom 3 

Professional 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 

PAUL REMDE’s operation of DJI Phantom 3 Professional UASs within visual line of 

sight, at or below 400 feet AGL, will ensure a level of safety equivalent to Section 91.121. 

Additionally, PAUL REMDE seeks an exemption from the requirements of Section 

91.151(b), entitled Fuel requirements for flight in VFR conditions. PAUL REMDE submits 

that safety will not be affected by operation of DJI Phantom 3 Professional 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 
8

first point of intended landing and, assuming normal cruising speed, to fly after that for at 

least 4.5 minutes.

In accordance with 14 C.F.R. § 11.81, PAUL REMDE 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:

PAUL REMDE

Cumulus Soaring, Inc.

8661 Connelly Place

Savage, MN 55378-2169

Tel: (952) 445-9033

Email: Paul@remde.us

B. The Specific Sections Of 14 C.F.R. From Which PAUL REMDE Seeks Exemption. 

1. PAUL REMDE 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. PAUL REMDE Seeks Exemption From The Requirements Of Section 

91.7(a).

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

following: 
9

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

3. PAUL REMDE 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. PAUL REMDE 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. PAUL REMDE 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—
10

(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. PAUL REMDE 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. PAUL REMDE 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. PAUL REMDE 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 
11

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 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. 
12

(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 PAUL REMDE Seeks And The Reason PAUL REMDE

Seeks The Relief. 

1. Extent Of Relief PAUL REMDE Seeks And The Reason PAUL REMDE

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

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

limitations: Pilot in command, is requested to the extent necessary to allow a PIC holding a 

private pilot or higher level certificate, as well as a current and valid airman medical 

certificate, and who has met certain flight-hour and currency requirements, to conduct the 

proposed UAS flight operations for compensation or hire. 

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

state that a private pilot may, for compensation or hire, act as PIC of an aircraft in 

connection with any business or employment if: (1) The flight is only incidental to that 

business or employment; and (2) The aircraft does not carry passengers or property for 

compensation or hire. 

As set forth more fully below, PAUL REMDE submits that an equivalent level of 

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

PROFESSIONAL UAS unless that PIC has met certain flight-hour and currency

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

Professional UAS in a manner consistent with the operations specifications as described in 

this exemption, including evasive and emergency maneuvers, as well as maintaining 

appropriate distances from people, vessels, vehicles and structures.
13

Further, PAUL REMDE submits that all flights of DJI Phantom 3 Professional

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

PAUL REMDE’s business (Cumulus Soaring, Inc); and (2) will not carry passengers or 

property for compensation or hire.

2. Extent Of Relief PAUL REMDE Seeks And The Reason PAUL REMDE

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 PAUL REMDE to determine that DJI Phantom 3 Professional

UASs are in airworthy condition prior to every flight by ensuring that the UAS is in 

compliance with the operating documents (i.e., the Aerial Operations Manual, Monthly

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

PAUL REMDE seeks the requested relief because DJI Phantom 3 Professional

UASs do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, 

Subpart H. Therefore, PAUL REMDE will ensure that DJI Phantom 3 Professional UAS 

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

Monthly Maintenance Log, and DJI Phantom 3 Professional 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.

3. Extent Of Relief PAUL REMDE Seeks And The Reason PAUL REMDE

Seeks Relief From Section 91.121. 

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

flight operations of DJI Phantom 3 Professional UASs, 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 
14

traffic control (ATC) in feet above ground level (AGL), PAUL REMDE seeks the 

requested relief because DJI Phantom 3 Professional UAs 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 DJI Phantom 3 Professional 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 PAUL REMDE Seeks And The Reason PAUL REMDE

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 Professional 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. PAUL REMDE seeks the requested relief because without an exemption from 

Section 91.151(b), the flight time duration of the battery powered DJI Phantom 3 

Professional UAs will severely constrain the practicality of any aerial video or still photo 

flight operations that PAUL REMDE proposes to conduct pursuant to this Petition.

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

Professional UASs operating documents, and PAUL REMDE’s proposed operating 
15

limitations, ensure that PAUL REMDE will safely operate the battery powered DJI 

Phantom 3 Professional 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 PAUL REMDE Seeks And The Reason PAUL REMDE

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, PAUL REMDE requests relief from 

these Sections because DJI Phantom 3 Professional UAS do not require airworthiness 

certificates. As set forth more fully below, DJI Phantom 3 Professional UAS meet the 

conditions of FMRA Section 333 for operation without an airworthiness certificate. 

Accordingly, PAUL REMDE 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., Aerial Operations Manual, 

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

Furthermore, PAUL REMDE will document and maintain all maintenance records for DJI 

Phantom 3 Professional UASs. 

D. The Reasons Why Granting PAUL REMDE’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 PAUL

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

construction sites, Energy Inspections, real estate, special events, and landscape over 

certain areas of the United States.
16

Additionally, use of DJI Phantom 3 Professional UAS will decrease congestion of 

the NAS, reduce pollution, and provide significant benefits to the economy. Notably, the 

benefits of PAUL REMDE’s proposed operation of DJI Phantom 3 Professional UAS will 

be realized without implicating any privacy issues.

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

DJI Phantom 3 Professional 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 PROFESSIONAL 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. DJI 

Phantom 3 Professional 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 DJI Phantom 3 

ProfessionalUASs. 

Conducting aerial acquisitions with DJI Phantom 3 Professional UAS, instead of 

manned aircraft, will greatly benefit the public by drastically reducing the levels of air and 

noise pollution generated during traditional aerial video and still photography flight 

operations. By using battery power and electric motors, DJI Phantom 3 Professional UAS 

produce no air pollution, and is the most viable environmentally conscious alternative to 
17

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. DJI Phantom 3 Professional 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. 

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

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

associated with traditional manned aircraft flight operations, will be substantially reduced 

or completely eliminated. Aside from the lack of flight crew members located onboard the 

aircraft, DJI Phantom 3 Professional UAs (DJI Phantom 3 Professional weighing 

approximately 35.5 ounces at its maximum gross weight with DJI PHANTOM 3 

PROFESSIONAL lengths of 18.3 inches and a width of 18.3 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 DJI Phantom 3 

Professional UAS Will Benefit The Economy.

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

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

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

companies, like PAUL REMDE, 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. 
18

owned and operated companies must adopt new and alternative technology in order to 

remain competitive. Operating the battery powered DJI Phantom 3 Professional UAS is 

one such technology that not only allows companies greater operational flexibility

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

cost of a traditional manned aircraft. 

By operating DJI Phantom 3 Professional UAS, companies such as PAUL 

REMDE, 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 

DJI Phantom 3 Professional UAS, provides a stable workforce that increases consumer 

spending; improves local, state, and federal tax revenues; and allows companies to invest 

in research and development in order to remain competitive both in the United States and 

abroad.

4. There Are No Privacy Issues. 

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

decades, PAUL REMDE’s proposed operation of DJI Phantom 3 Professional UASs will 

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

operated only in compliance with operating documents (i.e., the Aerial Operations Manual, 

Monthly Maintenance Log, and DJI Phantom 3 Professional Instruction Manual) which 

requires property owner involvement as well as local law enforcement notification, and in 

accordance with the Federal Aviation Regulations, including the minimum altitude 

requirements of 14 C.F.R. § 91.119. 
19

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 PAUL REMDE Seeks Exemption. 

1. Reasons Why DJI Phantom 3 Professional UAs Meet the Conditions of the 

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

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

with the unmanned aircraft and its operation, PAUL REMDE’s operation of DJI Phantom 

3 Professional UAS meet the conditions of FMRA Section 333, and will not require an 

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

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 
20

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, PAUL REMDE submits that DJI Phantom 3 

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

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

certification requirement; and (c) the specific operating limitations. 

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

Safe Characteristics.

DJI Phantom 3 Professional UAS do 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 DJI Phantom 3 Professional UAS. 

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

DJI Phantom 3 Professional Specifications and Data Sheet, attached hereto as Exhibit A.

ii. DJI Phantom 3 Professional UAS Autonomous Flight And 

Navigation Modes Enable The UASs To Remain Within A Defined 

Operational Area. 

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

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

DJI Phantom 3 Professional UAS is provided at page 8 of the DJI PHANTOM 3 

PROFESSIONAL User Manuals. 

iii. DJI Phantom 3 Professional 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, DJI Phantom 3 Professional UAs will remain 

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

UAs do not reacquire control link data from the GCS, the UAs will assume that the Control 
21

Link is lost and the UAs will return to the home position (i.e., failsafe mode) via GPS, and 

will descend to the takeoff position and shutdown.

A complete description of the Failsafe Functions of the DJI PHANTOM 3 

PROFESSIONAL UAS are set forth at pages 27 through 29 Professional User Manuals. 

iv. DJI Phantom 3 Professional GCS And Its Operation.

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

Professional GCS and flight control software is provided at pages 1 through 18 of the DJI 

PHANTOM 3 PROFESSIONAL User Manual.

b. Flight Operations Of DJI Phantom 3 Professional, DJI Inspire 1 and DJI 

Inspire 1 Pro UASs Are Limited To The Line Of Sight Of A Certificated 

Pilot in Command With A Safety Observer. 

PAUL REMDE will only utilize certificated pilots who possess a current and valid 

airman medical certificate to act as a pilot in command (PIC) of DJI Phantom 3 

Professional UAS. Additionally, a safety observer will assist all pilots during flight time. 

c. Flights Of DJI Phantom 3 Professional, DJI Inspire 1 and DJI Inspire 1 

Pro UASs Will Be Conducted Pursuant To Specific Operating 

Limitations. 

In seeking this exemption, PAUL REMDE proposes to commercially operate DJI 

Phantom 3 Professional UAS for the special purpose of conducting aerial video and 

photography over certain areas of United States, pursuant to the following specific 

operating limitations:

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

aircraft described in the operating documents, rotorcraft UASs weighing less 

than 55 pounds maximum gross weight: DJI Phantom 3 Professional UAS.

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.
22

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 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. 

7. The operating documents and the grant of exemption must be accessible during 

UAS operations and made available to the Administrator upon request. If a 

discrepancy exists between the conditions and limitations contained in the grant 

of exemption and the procedures outlined in the operating documents, the 

conditions and limitations contained in the grant of exemption take precedence 

and must be followed. Otherwise, the operator must follow the procedures as 

outlined in its operating documents. The operator may update or revise its 

operating documents. It is the operator’s responsibility to track such revisions 

and present updated and revised documents to the Administrator upon request. 

The operator must also present updated and revised documents if it petitions for 

extension or amendment to the grant of exemption. If the operator determines 

that any update or revision would affect the basis upon which the FAA granted 

the exemption, then the operator must petition for amendment to its grant of 

exemption. The FAA’s UAS Integration Office (AFS-80) may be contacted if 

questions arise regarding updates or revisions to the operating documents. 

8. 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.

9. 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. 

10. 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. 
23

11. The operator must follow the UAS manufacturer’s aircraft/component, 

maintenance, overhaul, replacement, inspection, and life limit requirements. 

12. 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. 

13. Each UASs operated under this exemption must comply with all manufacturer 

Safety Bulletins. 

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

corrective action taken against discrepancies discovered between inspections. 

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

third- class medical certificate. 

16. 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. 

17. 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. 

18. 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. 
24

19. 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. 

20. 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. 

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

emergencies in accordance with the operating documents.

22. 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. 

23. 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. 

24. 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. 

25. 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. 

26. 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. 

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

operations and activities at all times. 

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

29. 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: 
25

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). 

30. 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.

31. 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.

PAUL REMDE 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 DJI 

Phantom 3 Professional 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 PROFESSIONAL UAS in a manner consistent with the exemption, 

including evasive and emergency maneuvers and maintaining appropriate distances from 

people, vessels, vehicles and structures. 

Considering PAUL REMDE’s proposed area of operations, and the operating 

limitations set forth-above; the parallel nature of private pilot aeronautical knowledge 
26

requirements to those of commercial pilot requirements (See Exemption No. 11062); and 

the airmanship skills necessary to safely operate the DJI PHANTOM 3 PROFESSIONAL

UAS, PAUL REMDE submits that the additional manned airmanship experience of a 

commercially certificated pilot would not correlate to the airmanship skills necessary for 

PAUL REMDE’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). 

PAUL REMDE will not allow any PIC to operate the DJI PHANTOM 3 

PROFESSIONAL UAS unless that PIC has demonstrated, by meeting minimum flighthour requirements or the training and currency requirements, that the PIC is able to safely 

operate the DJI PHANTOM 3 PROFESSIONAL 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 
27

equivalent level of safety during PAUL REMDE’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 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. 

Accordingly, PAUL REMDE will ensure safe operations by not allowing any PIC to 

operate the DJI Phantom 3 Pro 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 Pro 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, PAUL REMDE will ensure that the DJI Phantom 3 Pro, DJI
28

Inspire 1 or the DJI Inspire 1 Pro 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 DJI Phantom 3 Professional 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 PAUL REMDE’s operation of DJI Phantom 3 

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

of safety equivalent to Section 91.121. The altitude information will be generated by GPS 

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

is automatically established by the UASs at ground level. 

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

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

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

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

5. Reasons Why An Exemption From The Requirements Of Section 91.151(b) 

Would Not Adversely Affect Safety.
29

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 DJI Phantom 3 

Professional UAS; (2) the limitations on the proposed flight operations; and (3) the 

location of the proposed flight operations. Accordingly, PAUL REMDE will ensure that it 

will safely operate the battery powered DJI Phantom 3 Professional 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, the technical specifications of DJI Phantom 3 Professional 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 DJI Phantom 3 Professional 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 Professional UAS will descend and land automatically.

Significantly, previous exemptions granted by the FAA concerning Section 91.151 

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

operating limitations of the UAS are considered. Relief has been granted for manned 

aircraft to operate at less than the minimums prescribed in Section 91.151, including 

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

from Section 91.151 specific to UAS, in circumstances similar, in all material respects, to 

those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063, 
30

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, PAUL REMDE 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 PAUL REMDE 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 Aerial Operations Manual, Monthly

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

PAUL REMDE will document and maintain all maintenance records for the DJI Phantom 

3 Pro UASs. 

Since DJI Phantom 3 Professional UAS will be inspected as prescribed by the 

operating documents, PAUL REMDE 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 DJI Phantom 

3 Professional UAS Maintenance Log is attached hereto as Exhibit B. 

Likewise, the exemption sought will not adversely affect safety because PAUL

REMDE 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 DJI 
31

Phantom 3 Professional 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 PAUL REMDE’s proposed operating limitations, the operating 

documents, and the technical aspects of DJI Phantom 3 Professional UAS, PAUL REMDE

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, PAUL REMDE requests that 

the FAA prescribe special conditions for the intended operation of DJI Phantom 3 

Professional 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 
32

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 DJI Phantom 3 Professional 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 DJI Phantom 3 

Professional 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 PAUL REMDE Seeks Exemption: 
33

PAUL REMDE 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 PAUL REMDE Seeks: 

This exemption will permit PAUL REMDE 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 PAUL 

REMDE’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, PAUL REMDE’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, PAUL REMDE will operate DJI Phantom 3 

Professional 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, PAUL REMDE 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 DJI Phantom 3 Professional UAS commercially, without an airworthiness certificate, 
34

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 PAUL REMDE to safely, efficiently, and economically operate DJI 

Phantom 3 Professional UAS commercially within the NAS. 

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

Modernization and Reform Act of 2012, Section 333, PAUL REMDE 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 PAUL REMDE to operate DJI Phantom 3 Professional UAS 

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

United States.

Dated: December 20, 2015

Respectfully submitted,

PAUL REMDE

Cumulus Soaring, Inc

8661 Connelly Place

Savage, MN 55378-2169

Tel: (952) 445-9033

Email: Paul@remde.us

 
35

Appendices:

A – DJI PHANTOM 3 PROFESSIONAL Specifications Data Sheet

B - Monthly Maintenance Log
36

APPENDIX – A

DJI PHANTOM 3 PROFESSIONAL SPECIFICATIONS

PAUL REMDE only utilizes safe and reliable UAS. DJI Phantom 3 Pro is an industry

leader in small UAS production. DJI Phantom 3 Pro UAS are loaded with ground breaking 

software enabling the user to set parameters which will not allow flight into controlled 

airspace. Parameters can also be set to limit flight to no higher than a predetermined and 

set altitude as well as limit flight to a predetermined and set distance. In addition, DJI

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

monitor (smart phone/tablet devices).

Aircraft

Supported Battery – 3000mAh 3S 11.1V 20C Li-Po Battery

Weight (Battery & Propellers Included) – 35.5 oz (1280 g)

Hover Accuracy (Ready to Fly) – Vertical: .5m; Horizontal: 1.5m

Max Yaw Angular Velocity - 2000/s

Max Tilt Angel - 350

Max Ascent Speed – 5m/s

Max Descent Speed – 3m/s

Max Flight Speed – 16m/s (NOT RECOMMENDED), no wind

Camera

Video Resolution: Up to 4K @ 30 fps

Photo Resolution: 12 Megapixal

Video Format:MP4 or MOV

Photo Format: Adobe DNG RAW and JPEG

Features: Adjustable White Balance, ISO, Exposure, Shutter Speed and 

color filters

Gimbal Controllable range: Pitch -90 to +30 degrees
37

APPENDIX – B

DJI Phantom Professional 3 Maintenance Log 

month:_________(year:________

UAS$#:$___________

Date(Issue(

Discovered

Date(Issue(

Addressed

Software(Updates

Airframe(

Engines

Propellers

Camera(Gimbal

Landing(Gear

Vibration(Dampening

Other:

MONTHLY$MAINTENANCE$LOG

Issue(Description(&(Maintenance(Conducted

Maintenance(Performed(By:(((

Print(&(Sign