Petition for Section 333 Exemption

e‐Partner, LLC.

Page 1 of 15

July 24, 2015 

U.S. Department of Transportation 

Docket Operations 

West Building Ground Floor, Room w12-140 

1200 New Jersey Ave., SE 

Washington, DC 20590 

RE: Petition for Section 333 Exemption Under FAA Modernization and Reform Act of 2012 

Petitioner : e-Partner, LLC 

Petitioner’s sUAS(s) Models : DJI Phantom 3 

Petitioner’s sUAS(s) Operations : Aerial Photographic and Video Imagery 

Regulations Requiring Exemption : 14 CFR §§ 61.23(a) and (c); 

14 C.F.R. §§ 61.101(e)(4) and (5)

14 C.F.R. § 61.113(a); 

14 C.F.R. §61.315(a)

14 C.F.R. § 91.7(a); 

14 C.F.R. § 91.119(c)

14 C.F.R. §91.121; 

14 C.F.R. §91.151(a)(1)

14 C.F.R. §91.405(a); 

14 C.F.R. §91.407(a)(1)

14 C.F.R. §§ 91.409(a)(1) and (2); and 

14 C.F.R. 91.417(a) and (b)

To whom it may concern, 

On behalf of e-Partner, LLC (hereinafter referred to as “e-Partner”), a web development firm 

located in Prescott, Arizona, specializing in aerial photography and video imagery, the undersigned 

counsel for e-Partner hereby applies for Section 333 exemption pursuant to the FAA 

Modernization and Reform Act of 2012, Public Law 112-95 (P.L. 112-95), and 14 C.F.R. Part 11. 

The owner of e-Partner, Donald Teel, holds a single engine, airplane, private pilot certificate and 

rating (Certificate #: 3237283). As such, e-Partner, through the careful oversight and tutelage of 

Mr. Teel, will ensure that all sUAS flight operations are conducted in the safest possible manner. 
Petition for Section 333 Exemption

e‐Partner, LLC.

Page 2 of 15

To that end, e-Partner will comply with any flight or atmospheric condition limitations imposed 

upon the commercial operation of e-Partner’s DJI Phantom 3. 

This petition will address the following topics, as they relate to e-Partner’s commercial sUAS 

flight operations: the nature of e-Partner’s commercial drone operations, as well as the DJI 

Phantom 3 for which e-Partner seeks exemption; e-Partner’s proposed sUAS flight operations and 

conditions; privacy concerns; public interest and safety concerns; and, the above specified F.A.R.s 

requiring exemption. Under Section 333(b)(1), e-Partner’s petition will give the FAA good cause 

to issue a Certificate Of Waiver or Authorization by showing that the size, weight, speed, 

operational capacity, proximity to airports and populated areas, and operations within the Visual 

Line of Sight of the Pilot in Command and Visual Observer of e-Partner’s DJI Phantom 3 neither 

creates a hazard to users of the National Airspace System or public nor poses a threat to national 

security. 

Additionally, this petition will prove that e-Partner’s flight operations for the commercial usage of 

the DJI Phantom 3 provides an equivalent level of safety when compared to the F.A.R.s requiring 

exemption. To that end, this petition will highlight some of the numerous, granted petitions for 

Section 333 exemption for similar commercial operations of the DJI Phantom 3. 

Please refer to the “Table of Contents” beginning on page three (3) to assist your review of ePartner’s petition for Section 333 exemption. If we may provide additional insight or information 

regarding e-Partner’s petition, please do not hesitate to contact The Ison Law Group at 863-712-

9475 or Christopher@thepilotlawyer.com. 

 Sincerely, 

THE ISON LAW GROUP 

 Christopher Ison, Esq. 

Enclosures 
Petition for Section 333 Exemption

e‐Partner, LLC.

Page 3 of 15

TABLE OF CONTENTS

I. Glossary of Terms ................................................................................4 

II. Publishable Summary ................................................................................5 

III. Petitioner’s Contact Information ..............................................................6 

IV. e-Partner, LLC’s Petition for Section 333 Exemption ...................................6 

a. The DJI Phantom 3 sUAS Overview .....................................................6 

b. DJI Phantom 3 Specifications .....................................................8 

V. Flight Conditions and Operating Procedures .....................................................9

VI. Privacy .......................................................................................12 

VII. Public Interest and Safety .....................................................................12 

VIII. Regulations from Which Exemption is Requested ..........................................12 

a. 14 CFR §§ 61.23(a) and (c): Medical Certificates Requirement and Duration ...............12 

b. 14 C.F.R. §§ 61.101(e)(4) and (5): Recreational Pilot Privileges and Limitations ...............13

c. 14 C.F.R. § 61.113(a): Private Pilot Privileges and Limitations: Pilot in Command ......13

d. 14 C.F.R. §61.315(a): What Are The Privileges and 

Limits of My Sport Pilot Certificate? ...................................................13

e. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness ...................................................14 

f. 14 C.F.R. § 91.119(c): Minimum Safe Altitude: General ..........................................14

g. 14 C.F.R. §91.121: Altimeter Settings ............................................................14

h. 14 C.F.R. §91.151(a)(1): Fuel Requirements For Flight In VFR Conditions ...............14

i. 14 C.F.R. §91.405(a): Maintenance Required ...................................................15

j. 14 C.F.R. §91.407(a)(1): Operation After Maintenance, 

Preventative Maintenance, Rebuilding, Or Alteration ..................................15

k. 14 C.F.R. §§ 91.409(a)(1) and (2): Inspections ...................................................15

l. 14 C.F.R. 91.417(a) and (b): Maintenance Records ..........................................15 
Petition for Section 333 Exemption

e‐Partner, LLC.

Page 4 of 15

GLOSSARY OF TERMS 

Aircraft: any contrivance invented, used, or designed to navigate, or fly in, the air (Title 49, United 

States Code (49 USC) § 40102). 

National Airspace System (NAS): the common network of U.S. airspace; air navigation facilities, 

equipment and services, airports or landing areas; aeronautical charts, information and services; 

rules, regulations and procedures, technical information, and manpower and material. 

Operational Control: with respect to a flight, means the exercise of authority over initiating, 

conducting or terminating a flight (14 CFR § 1.1). 

Pilot in Command (PIC): the person who has final authority and responsibility for the operation 

and safety of the flight; has been designated as PIC before or during the flight; and holds the 

appropriate category class and type-rating, if appropriate, for the conduct of the flight (14 CFR § 

1.1). 

Small Unmanned Aircraft System (sUAS): an unmanned aircraft and associated elements, 

including communication links and the components that control the unmanned aircraft, that are 

required for the pilot in command to operate safely and efficiently in the national airspace system 

(P.L. 112-95, Section 331), weighing less than 55 pounds, including payload. 

UAS Certificate of Waiver or Authorization (COA): an authorization issued by the Air Traffic 

Organization to an operator for a specific unmanned aircraft activity. 

Visual Line of Sight (VLOS): unaided (corrective lenses and/or sunglasses excepted) visual

contact between a pilot in command and an unmanned aircraft sufficient to maintain safe 

operational control of the aircraft, know its location, and be able to scan the airspace in which it is 

operating to see and avoid other air traffic or objects aloft or on the ground. 
Petition for Section 333 Exemption

e‐Partner, LLC.

Page 5 of 15

PUBLISHABLE SUMMARY

Pursuant to 14 C.F.R §11.81(f), should the FAA require a publishable summary for the Federal 

Register, e-Partner, LLC (e-Partner), submits the following information: 

e-Partner seeks exemption for the commercial operation of Small Unmanned Aircraft Systems 

(sUAS) from the following Federal Aviation Regulations (F.A.R.s): 

14 CFR §§ 61.23(a) and (c); 14 C.F.R. §§ 61.101(e)(4) and (5); 14 C.F.R. § 

61.113(a); 14 C.F.R. §61.315(a); 14 C.F.R. § 91.7(a); 14 C.F.R. § 91.119(c); 14 

C.F.R. §91.121; 14 C.F.R. §91.151(a)(1); 14 C.F.R. §91.405(a); 14 C.F.R. 

§91.407(a)(1); 14 C.F.R. §§ 91.409(a)(1) and (2); and 14 C.F.R. 91.417(a) and (b). 

As such, e-Partner seeks exemption from the above listed F.A.R.s for the purpose of commercially 

operating the following sUAS: DJI Phantom 3. This petition will prove that e-Partner’s flight 

operations for the commercial usage of the DJI Phantom 3 for aerial photography and video 

imagery provides an equivalent level of safety when compared to the F.A.R.s requiring exemption. 

To that end, the FAA has already granted numerous exemptions for similar commercial operations 

of the DJI Phantom 3, such as: 

Exemption 

Number 

Regulatory 

Docket Number 

Flight Operation 

11399A FAA-2015-0147 Aerial Photography/Videography for Real Estate Services 

11845 FAA-2015-0806 Aerial Photography/Videography for Real Estate Services 

12042 FAA-2015-1552 Aerial Photography/Videography 

12046 FAA-2015-1534 Aerial Photography/Videography 

11802 FAA-2015-1050 Aerial Photography/Videography for Real Estate Services 

11977 FAA-2015-1478 Aerial Videography/Photogrammetry 

11953 FAA-2015-1407 Aerial Mapping/Inspection/Photography 

11711 FAA-2015-0777 Aerial Photography/Photogrammetry 

11938 FAA-2015-1390 Aerial Photography/Video 

11172A FAA-2014-0787 Aerial Photography and Wildlife Preservation 

11899 FAA-2015-1249 Aerial Photography/Videography/Mapping 

1306A FAA-2014-1023 Aerial Photogrammetry/Inspection/Analysis 

Under Section 333(b)(1) of the FAA Modernization and Reform Act of 2012, e-Partner’s petition 

will give the FAA good cause to issue a Certificate Of Authorization by showing that the size, 

weight, speed, operational capacity, proximity to airports and populated areas, and operations 

within the Visual Line of Sight of the Pilot in Command and Visual Observer of e-Partner’s DJI 

Phantom 3 does not create a hazard to users of the National Airspace System or public or pose a 

threat to national security. To that end, e-Partner seeks exemption from the above specified 

F.A.R.s as e-Partner’s flight operations provide an equivalent level of safety when compared to 

the F.A.R.s to be exempted. e-Partner will adhere to any flight or atmospheric condition limitation 

imposed by the FAA. 
Petition for Section 333 Exemption

e‐Partner, LLC.

Page 6 of 15

PETITIONER’S CONTACT INFORMATION 

Petitioner: Counsel for Petitioner: 

Donald Teel, Owner/Member The Ison Law Group 

e-Partner, LLC 2073 US Hwy 92 West, Suite 104 

PO Box 3205 Winter Haven, FL 33881 

Prescott, Arizona 86302 Phone: 863-712-9475 

Phone: 928-777-8100 Email: Christopher@thepilotlawyer.com 

E-PARTNER, LLC’s PETITION 

FOR SECTION 333 EXEMPTION 

e-Partner, LLC, (hereinafter “e-Partner”) is a web development firm located in Prescott, Arizona. 

As such, e-Partner provides a wide assortment of services to various businesses, especially 

businesses competing in the real estate and graphic designing markets. Consequently, e-Partner 

will have the need to commercially operate the DJI Phantom 3 to provide aerial photographic and 

video imagery to its customers. 

As detailed below, e-Partner will only allow commercial sUAS operations of the DJI Phantom 3 

by certificated airmen, holding at the bare minimum a sport pilot certificate. Currently, Donald 

Teel, Owner/Member of e-Partner, holds a single engine, airplane, private pilot certificate and 

rating (Certificate #: 3237283). Under the guidance and tutelage of Mr. Teel, a certificated airman, 

e-Partner will practice safe, commercial sUAS operations. 

Based upon e-Partner’s intended use and proposed flight operations and atmospheric conditions 

limitations, e-Partner would like an exemption from the following Federal Aviation Regulations 

(F.A.R.s) to commercially operate the DJI Phantom 3: 14 CFR §§ 61.23(a) and (c); 14 C.F.R. §§ 

61.101(e)(4) and (5); 14 C.F.R. § 61.113(a); 14 C.F.R. §61.315(a); 14 C.F.R. § 91.7(a); 14 C.F.R. 

§ 91.119(c); 14 C.F.R. §91.121; 14 C.F.R. §91.151(a)(1); 14 C.F.R. §91.405(a); 14 C.F.R. 

§91.407(a)(1); 14 C.F.R. §§ 91.409(a)(1) and (2); and 14 C.F.R. 91.417(a) and (b). 

DJI Phantom 3 

Overview 

The DJI Phantom 3 is a quad-boom, four (4) motor sUAS, capable of providing hover flight in 

both the vertical and horizontal planes. As such, the DJI Phantom 3 provides excellent 

maneuverability and ease of control for the PIC. The ease with which a PIC can control this sUAS 

model is evidenced by the fact that the DJI Phantom 3 is commercially available for RC hobbyists, 

requiring little to no training or experience prior to recreational usage. 

Like previous DJI Phantom predecessors, the DJI Phantom 3 provides innovative features that 

culminate in a safe flying experience. For example, the Phantom 3 now uses DJI’s Intelligent Flight 

Battery, featuring upgraded battery cells and an advanced power management system. Likewise, 

the flight controller found in the Phantom 3 has been updated to provide a safer, more reliable 

experience through a newly implemented flight recorder. Moreover, the flight controller now uses 

a Vision Positioning System, which, when combined with the remote controller’s flight recorder, 

enhances hovering precision when flying in environments where GPS is unavailable. 
Petition for Section 333 Exemption

e‐Partner, LLC.

Page 7 of 15

In an effort to ensure the safety of each flight, e-Partner chose the DJI Phantom 3 due to the 

enhanced safety features found in this sUAS. The DJI Phantom 3 boasts various Return-to-Home 

(RTH) modes which bring the sUAS back to the last recorded Home point, allowing for the safe 

landing and return of the sUAS, should an unforeseen emergency arise. As such, the DJI Phantom 

3 allows for Smart RTH, Low Battery RTH, and Failsafe RTH. 

In Smart RTH, the DJI Phantom 3 will automatically return to the last recorded Home Point. 

During this operation, the PIC may use the remote controller’s control sticks to control the sUAS 

to avoid any collisions. The Low Battery RTH failsafe is triggered when the DJI Intelligent Flight 

Battery is depleted to a point that may affect the safe return on the sUAS. When the DJI Pilot App 

notifies the PIC that the battery is low, the sUAS will begin the RTH procedure, unless otherwise 

prompted by the PIC. Lastly, the Failsafe RTH allows the sUAS to return to a pre-recorded location 

if the remote controller signal is lost for more than three (3) seconds. If the PIC regains remote 

controller connectivity, the PIC may resume control of the sUAS and continue the flight. 

In addition to the above safety features, the DJI Phantom 3 also incorporates an anti-drop kit for 

the gimbal. The anti-drop kit ensures that the gimbal and camera remain connected to the sUAS, 

so as to preclude the possibility of the gimbal/camera from disconnecting during flight operations. 

Moreover, the DJI Pilot App provides an incredible wealth of information that will supplement the 

PIC’s situational awareness while operating the DJI Phantom 3. To that end, the DJI Pilot App 

provides the PIC with the following information: current flight mode, GPS signal strength, system 

status, battery level indicator, remote controller signal strength, flight telemetry (height, distance, 

and airspeed), and area map. By enhancing the PIC’s situational awareness, the PIC will be able 

to focus on safe flight operations, thereby reducing the likelihood of an incident which would lead 

to property damage or injury to persons. 

The FAA has already granted numerous petitions for Section 333 exemption to commercial sUAS 

operators of the DJI Phantom 3. Below is an abbreviated list of granted Section 333 petitions for 

the commercial operation of the DJI Phantom 3, as well as the petitioner’s proposed commercial 

usage of the sUAS: 

Exemption 

Number 

Regulatory 

Docket Number 

Proposed 

Flight Operation(s) 

11399A FAA-2015-0147 Aerial Photography/Videography for Real Estate Services 

11845 FAA-2015-0806 Aerial Photography/Videography for Real Estate Services 

12042 FAA-2015-1552 Aerial Photography/Videography 

12046 FAA-2015-1534 Aerial Photography/Videography 

11802 FAA-2015-1050 Aerial Photography/Videography for Real Estate Services 

11977 FAA-2015-1478 Aerial Videography/Photogrammetry 

11953 FAA-2015-1407 Aerial Mapping/Inspection/Photography 

11711 FAA-2015-0777 Aerial Photography/Photogrammetry 

11938 FAA-2015-1390 Aerial Photography/Video 

11172A FAA-2014-0787 Aerial Photography and Wildlife Preservation 

11899 FAA-2015-1249 Aerial Photography/Videography/Mapping 

1306A FAA-2014-1023 Aerial Photogrammetry/Inspection/Analysis 
Petition for Section 333 Exemption

e‐Partner, LLC.

Page 8 of 15

DJI Phantom 3 

Specifications 

Aircraft: 

Weight: 1280 g 

Maximum Ascent Speed: 5 m/s 

Maximum Descent Speed: 3 m/s 

Maximum Speed: 16 m/s 

Maximum Flight Altitude: 6000 m 

Maximum Flight Time: 23 minutes (Approximately) 

Operating Temperature Range: 0֯C to 40֯C 

GPS: GPS/GLONASS 

Gimbal:

Controllable Range: Pitch: -90֯ to +30֯

Vision Positioning: 

Velocity Range: <8 m/s (Altitude 2 m) 

Altitude Range: 30 cm – 300 cm 

Operating Range: 30 cm – 300 cm 

Operating Environment: Surface w/Clear Pattern and 

Adequate Lighting (Lux > 15) 

Camera:

Sensor: Sony Exmor 1/2.3” 

Operating Temperature Range: 0֯C to 40֯C 

Remote Controller: 

Operating Frequency: 2.400 GHz – 2.483 GHz 

Maximum Transmission Distance: 2 km (outdoors and unobstructed) 

Operating Temperature Range: 0֯C to 40֯C 

Battery: 6000 mAh LiPo 2S 

Mobile Device Holder: Tablets and smartphones 

Transmitter Power (EIRP): FCC: 20 dbm; CE: 16 dbm 

Working Voltage: 1.2 A @ 7.4 V 

Intelligent Flight Battery (PH3-4480 mAh 15.2V) : 

Capacity: 4480 mAh 

Voltage: 15.2 V 

Battery Type: LiPo 4S 

Energy: 68 Wh 

Net Weight: 365 g 

Operating Temperature: -10֯C to 40֯C 

Max Charging Power: 100 W
Petition for Section 333 Exemption

e‐Partner, LLC.

Page 9 of 15

FLIGHT CONDITIONS AND OPERATING PROCEDURES 

e-Partner’s primary objective with every flight is the safe return of the DJI Phantom 3 without 

injury to property or person. In order to obtain this desired objective, e-Partner will abide by the 

following flight and atmospheric conditions limitations when performing commercial flight 

operations with the DJI Phantom 3: 

1. e-Partner will not operate the sUAS models when weighing more than 55 pounds, 

including payload. 

2. e-Partner will not operate the sUAS models at a speed exceeding 87 knots (100 

miles per hour). e-Partner will use either groundspeed or calibrated airspeed to 

determine compliance with the 87 knot speed restriction. 

3. e-Partner will not operate the sUAS models at an altitude of more than 400 feet 

above ground level (AGL). e-Partner will monitor altitude in feet AGL via GPS 

technology and monitoring. 

4. e-Partner will only operate the sUAS models within VLOS of the PIC at all times. 

e-Partner will require 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 or U.S. driver’s license. 

5. e-Partner requires the utilization of a visual observer (VO) on all commercial sUAS 

flights. The sUAS models will be operated within VLOS of the PIC and VO at all 

times. The VO may be used to satisfy the VLOS requirement as long as the PIC 

always maintains VLOS capability. e-Partner requires that the VO and PIC be able 

to communicate verbally at all times. e-Partner does not permit electronic 

messaging or texting during flight operations. e-Partner requires the sUAS PIC to 

be designated before the flight and does not allow transfer of his or her designation 

during the flight. The PIC must ensure that the VO can perform the duties required 

of the VO. 

6. e-Partner requires that all operating documents (defined as the granted exemption 

and all documents needed to operate the UAS model and conduct its operations in 

accordance with all grants conditions and limitations) must be accessible during 

sUAS operations and made available to the Administrator upon reasonable request. 

7. e-Partner will require a functional test should any sUAS model undergo 

maintenance or alterations that affect that sUAS model’s operation or flight 

characteristics, e.g., replacement of a flight critical component, must undergo a 

functional test flight prior to conducting further operations under this exemption. 

e-Partner requires that all function flights be conducted by a PIC with a VO and 

remain at least 500 feet from other people. e-Partner further requires that the 

functional test flight be conducted in such a manner so as to not pose an undue 

hazard to persons and property. 
Petition for Section 333 Exemption

e‐Partner, LLC.

Page 10 of 15

8. e-Partner will be responsible for maintaining and inspecting the sUAS model to 

ensure that the sUAS model is in a condition for safe operation. 

9. e-Partner requires that, prior to each flight, the PIC conduct a pre-flight inspection 

and determine whether the sUAS model is in a condition for safe flight. e-Partner 

requires that the pre-flight inspection must account for all potential discrepancies, 

e.g., inoperable components, items, or equipment. Should the inspection reveal a 

condition that affects the safe operation of the sUAS model, e-Partner prohibits the 

aircraft from operating until the necessary maintenance has been performed and the 

sUAS is found to be in a condition for safe flight. 

10. e-Partner requires compliance with the component manufacturer’s maintenance, 

overhaul, replacement, inspection, and life limit requirements for the components 

that combine to assemble the sUAS models. 

11. e-Partner requires compliance with all sUAS model manufacture’s safety bulletins 

for the sUAS model. 

12. e-Partner requires all sUAS model PICs to hold either an airline transport, 

commercial, private, recreational, or sport pilot certificate. Further, e-Partner 

requires the PIC to also hold a current FAA airman medical certificate or a valid 

U.S. driver’s license issued by a state, the District of Columbia, Puerto Rico, a 

territory, a possession, or the Federal Government. The PIC must also meet the 

flight review requirements specified in 14 CFR § 61.56 in an aircraft in which the 

PIC is rated on his or her pilot certificate. 

13. e-Partner prohibits any PIC to operate the sUAS model unless the PIC demonstrates 

the ability to safely operate the sUAS model in a manner consistent with how the 

sUAS will be operated under this petition for exemption, including evasive and 

emergency maneuvers and maintaining appropriate distances from persons, vessels, 

vehicles and structures. To that end, e-Partner requires the PIC’s qualification flight 

hours and currency to be logged in a manner consistent with 14 CFR § 61.51(b). 

14. e-Partner prohibits flight operations of the sUAS models during night, as defined 

in 14 CFR § 1.1. All flight operations will be conducted under visual meteorological 

conditions (VMC). e-Partner will not allow the sUAS model to be flown during 

special visual flight rules (SVFR). 

15. e-Partner will not operate the sUAS model within 5 nautical miles of an airport 

reference point (ARP) as denoted in the current FAA Airport/Facility Directory 

(AFD) or for airports not denoted with an ARP, the center of the airport symbol as 

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

agreement with that airport’s management is obtained or otherwise permitted by a 

COA issued to the exemption holder. e-Partner will make the letter of agreement 

with the airport management available to the Administrator or any law enforcement 

official upon request. 
Petition for Section 333 Exemption

e‐Partner, LLC.

Page 11 of 15

16. e-Partner will operate the sUAS model at least 500 feet below and/or no more than 

2,000 feet horizontally from a cloud. e-Partner will not operate the sUAS model 

when visibility is less than 3 statute miles. 

17. Should the sUAS model lose communications or lose its GPS signal, e-Partner 

requires the sUAS model to return to a pre-determined location within the private 

or controlled-access property. 

18. e-Partner requires the PIC of any sUAS model to abort the flight in the event of 

unpredicted obstacles or emergencies. 

19. e-Partner prohibits the PIC of any sUAS model from beginning a flight unless 

(considering wind and forecast weather conditions) there is enough available power 

for the sUAS model to conduct the intended operation and to operate after that for 

at least 5 minutes or with the reserve power recommended by the manufacturer if 

greater. 

20. e-Partner requires that all documents used to ensure safe operation and flight of the 

sUAS model and any documents required under 14 CFR §§ 91.9 and 91.203 to be 

available to the PIC at the Ground Control Station of the sUAS model any time the 

aircraft are operating. e-Partner will make these documents available to the 

Administrator or any law enforcement official upon reasonable request. 

21. e-Partner requires that during all flights, the sUAS model PIC remain clear and give 

way to all manned aviation operations and activities at all times. 

22. e-Partner prohibits the PIC of any sUAS model from operating the sUAS model 

from any moving device or vehicle. 

23. e-Partner requires all flight operations of all sUAS models to be conducted at least 

500 feet from all nonparticipating persons, vessels, vehicles, and structures unless: 

a. Barriers or structures are present that sufficiently protect nonparticipating 

persons from the sUAS and/or debris in the event of an accident. e-Partner 

will 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 sUAS, e-Partner requires flight operations to 

cease immediately in a manner ensuring the safety of nonparticipating 

persons; and 

b. The owner/controller of any vessels, vehicles or structures has granted 

permission for operating closer to those objects 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. 

24. e-Partner will operate all sUAS models flights over private or controlled-access 

property with permission from the property owner/controller or authorized 
Petition for Section 333 Exemption

e‐Partner, LLC.

Page 12 of 15

representative. e-Partner will obtain permission from the property owner/controller 

or authorized representative prior to each flight to be conducted. 

PRIVACY

e-Partner’s use of the DJI Phantom 3 for aerial photography and video imagery, as specified above, 

will not implicate any privacy concerns. Since e-Partner will only commercially operate the sUAS 

models at the request of the property and/or business owner(s), e-Partner will have the express 

consent and permission of the property and/or business owner(s) prior to flying over private 

property. Nevertheless, e-Partner’s use of the DJI Phantom 3 poses no greater privacy concerns 

than the use of traditional fixed wing or rotorcraft aircraft for similar commercial operations. 

Should e-Partner’s commercial sUAS activity require aerial based photographic and video 

imagery, images taken will be of individuals who have consented to being photographed/filmed or 

otherwise have agreed to be in the area where aerial photographic or video imagery will take place. 

PUBLIC INTEREST AND SAFETY

Unlike traditional fixed wing or rotorcraft aircraft, the use of the DJI Phantom 3 for aerial 

photographic and video imagery promotes public interest and safety. Whereas a traditional fixed 

wing or rotorcraft aircraft is large, heavy, noisy, require flammable fuels and manned operators 

(placing the pilot’s life in jeopardy should there be an emergency), the DJI Phantom 3 is small, 

light, quite, does not require flammable fuels or a manned operator (i.e. not risking human life for 

the purpose of operation). 

The use of e-Partner’s DJI Phantom 3 also benefits the public from a safety perspective since this 

sUAS model does not run on fossil fuels. Since the DJI Phantom 3 is battery powered, the use of 

the DJI Phantom 3 over the traditional fixed wing or rotorcraft aircraft will be more 

environmentally and ecologically friendly. In addition to the non-use of flammable fuels, given 

the extremely light weight of the DJI Phantom 3, should an emergency result in a forced landing, 

injury to property or persons would be negligible compared to the catastrophic injury to property 

or persons that would result in an emergency landing of a traditional fixed wing or rotorcraft 

aircraft. 

Apart from the added safety benefits of sUAS flight operations, the use of the DJI Phantom 3 for 

the above noted aerial based applications creates new economic opportunities that could fuel the 

continued growth of aviation and aviation related interests. Consequently, the public will benefit 

from the use of sUAS models for commercial purposes as companies like e-Partner will provide 

new jobs and economic opportunities, fueling innovation and creativity. 

REGULATIONS FROM WHICH EXEMPTION IS REQUESTED 

14 CFR §§ 61.23(a) and (c): Medical Certificates Requirement and Duration 

e-Partner requests exemption from 14 CFR §§ 61.23(a) and (c) which provides for certain flight 

operations requiring medical certificates. e-Partner’s petition for exemption provides an equivalent 

level of safety in that e-Partner would require a DJI Phantom 3 PIC to hold either a current medical 
Petition for Section 333 Exemption

e‐Partner, LLC.

Page 13 of 15

certificate, of any class, or a valid U.S. Driver’s License. e-Partner’s petition for exemption 

provides an equivalent level of safety as provided in 14 C.F.R. §§61.23(a) and (c). 

14 C.F.R. §§ 61.101(e)(4) and (5): Recreational Pilot Privileges and Limitations; 14 C.F.R. § 

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

§61.315(a): What Are The Privileges and Limits of My Sport Pilot Certificate? 

e-Partner requests exemption from 14 C.F.R. §§ 61.101(e)(4) and (5) which prohibits recreational 

pilots from receiving compensation for hire or providing flight services in furtherance of a 

business, respectively. In addition, e-Partner requests exemption from 14 C.F.R. §61.113(a), 

which prohibits a certificated private pilot from receiving compensation or flying for hire when 

acting as PIC; and from 14 C.F.R. §61.315(a), which provides the holder of a sport pilot certificate 

may only act as pilot in command of a light-sport aircraft. 

e-Partner’s petition for exemption provides an equivalent level of safety in that e-Partner requires 

the DJI Phantom 3 PIC, at the bare minimum, to hold the privileges of a sport pilot certificate 

under 14 C.F.R. §61 Subpart J, hold either a medical certificate or valid U.S. Driver’s License, and 

to demonstrate proficiency in the PIC’s ability to safely operate the DJI Phantom 3 in a manner 

consistent with how the sUAS will be operated under this petition for exemption.

Distinct comparisons between the commercial activities of e-Partner and other businesses 

operating traditional fixed wing or rotorcraft aircraft expose the unnecessary limitations placed 

upon sport, recreational and private certificated pilots when considering PIC privileges of 

commercial sUAS flight operations. Whereas requiring pilots of traditional fixed wing and 

rotorcraft aircraft to hold commercial and Airline Transport Pilot (ATP) ratings ensures that the 

pilots possess the necessary skills, training and experience to safely transport persons and/or cargo 

from the point of departure to the intended point of destination, the same correlation for sUAS 

pilots and should not apply to the sUAS flight operations of e-Partner. In the case of e-Partner’s 

sUAS flight operations, no persons or third-party cargo will be carried by the DJI Phantom 3 during 

e-Partner’s aerial based commercial operations. 

Additionally, unlike traditional fixed wing or rotorcraft aircraft, which must traverse over a greater 

distance, greater amount of property, and a greater amount of people in order to get from the point 

of departure to the intended point of destination, e-Partner’s sUAS will only fly over property 

authorized by e-Partner’s clients. In other words, the DJI Phantom 3 will not have to originate 

flight from a different location and traverse over the properties of disinterested parties in order to 

fulfill the purpose of e-Partner’s flight operations. As such, the risk of injury to disinterested parties 

is substantially decreased by the use of a sUAS for aerial based agricultural applications, as well 

as search and rescue operations. 

Consequently, e-Partner’s requirement that the DJI Phantom 3 PIC hold, at least, a sport pilot 

certificate provides an equivalent level of safety to the requirement that a commercial or ATP rated 

pilot transport persons and/or cargo for hire in manned aircraft. 
Petition for Section 333 Exemption

e‐Partner, LLC.

Page 14 of 15

14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness 

e-Partner requests an exemption from 14 C.F.R. §91.7(a) which prohibits the operation of civil 

aircraft unless it is in airworthy condition. As there will be no airworthiness certificate issued for 

e-Partner’s DJI Phantom 3 models, no standard will exist for determining airworthiness. In any 

event, e-Partner ’s proposed Flight Conditions and Operating Procedure will ensure an equivalent 

level of safety with 14 C.F.R. §91.7(a). 

14 C.F.R. § 91.119(c): Minimum Safe Altitude: General 

e-Partner requests an exemption from 14 C.F.R §91.119(c) which provides that except when 

necessary for takeoff or landing, no person may operate an aircraft below an altitude of 500 feet 

above the surface. Furthermore, this section provides that an aircraft may not be operated closer 

than 500 feet to any person, vessel, vehicle, or structure. e-Partner ’s petition requests that the DJI 

Phantom 3 be flown at an altitude no higher than 400 feet AGL and, when complying with the 

conditions set forth in §23(b) of e-Partner’s Flight Conditions and Operating Procedures, at 

distances closer than 500 feet from any person, vessel, vehicle, or structure. 

The requirement that the DJI Phantom 3 maintain 400 feet or less AGL helps ensure that signal 

connectivity between the transmitter and receiver will not be lost. In addition, this height restriction 

ensures that the PIC will be able to maintain VLOS while simultaneously limiting the possibility 

of the sUAS models’ interference with other NAS traffic. 

Traditional principles requiring a 500 foot AGL minimum for fixed-wing or rotorcraft aircraft 

stemmed from a desire to protect the public should the need for a forced landing arise due to an 

unforeseen emergency situation or loss of power. These same concerns are not present with the 

DJI Phantom 3. e-Partner’s sUAS models are extremely lightweight and small. Any injury to 

property or person would be negligible when compared to the catastrophic damage that a fixed 

wing or rotorcraft aircraft would inflict due to a forced landing. Consequently, e-Partner’s Flight 

Conditions and Operating Procedures provide for an equivalent level of safety when compared to 

14 C.F.R §91.119(c). 

14 C.F.R. §91.121: Altimeter Settings 

e-Partner requests exemption from 14 C.F.R. §91.121 which provides guidelines for the use of 

altimeter settings while operating an aircraft. e-Partner’s petition for exemption provides an 

equivalent level of safety such that the DJI Phantom 3 PIC will be able to determine the AGL 

height of the sUAS model due to GPS technology. The AGL height of the sUAS will be displayed 

for the PIC during all flight operations. As such, the PIC will be able to maintain the requirement 

that the DJI Phantom 3 fly no higher than 400 feet AGL during all flight operations. 

14 C.F.R. §91.151(a)(1): Fuel Requirements For Flight In VFR Conditions 

e-Partner requests exemption from 14 C.F.R. §91.151(a)(1) which provides that no person may 

begin a flight in an airplane under VFR conditions with less than 30 minutes of reserve fuel. ePartner’s petition for exemption provides an equivalent level of safety due to e-Partner’s 

prohibition against the PIC from beginning a flight unless (considering wind and forecast weather 
Petition for Section 333 Exemption

e‐Partner, LLC.

Page 15 of 15

conditions) there is enough available power for the sUAS model to conduct the intended operation 

and to operate after that for at least 5 minutes or with the reserve power recommended by the 

manufacturer if greater. 

Given the design and technology of the DJI Phantom 3, e-Partner’s PIC will have access to all 

relevant information concerning the sUAS model’s battery life. The PIC will be able to make an 

accurate determination as to whether the PIC can comply with e-Partner’s “fuel” requirements for 

each flight. Consequently, e-Partner’s Flight Conditions and Operating Procedures provide for an 

equivalent level of safety when compared to 14 C.F.R §91.151(a)(1). 

14 C.F.R. §91.405(a): Maintenance Required; 14 C.F.R. §91.407(a)(1): Operation After 

Maintenance, Preventative Maintenance, Rebuilding, Or Alteration; 14 C.F.R. §§ 

91.409(a)(1) and (2): Inspections; 14 C.F.R. 91.417(a) and (b): Maintenance Records

e-Partner requests exemption from the following F.A.Rs: 14 C.F.R. §91.405(a), which provides 

the owner or operator of aircraft shall have the aircraft inspected pursuant to Subpart E of 14 C.F.R; 

14 C.F.R. §91.407(a)(1), which provides that no person may operate any aircraft having undergone 

preventive maintenance unless approved for return to service by a person authorized under §43.7; 

14 C.F.R. §§91.409(a)(1) and (2), which provides that no person may operate an aircraft within 

the preceding 12 calendar months unless an annual inspection has been performed; and 14 C.F.R. 

§§91.417(a) and (b), which provides for the recording of an aircraft’s maintenance if the aircraft 

holds an airworthiness certificate. 

e-Partner’s petition for exemption provides an equivalent level of safety since e-Partner requires 

compliance with the sUAS manufacturer’s maintenance, overhaul, replacement, inspection, and 

life limit requirements for the DJI Phantom 3. Due to the nature of a sUAS, compliance with certain 

maintenance requirements under Subpart E of 14 C.F.R. are either impossible or cost prohibitive 

to implement when applied to a sUAS. As such, e-Partner should be exempt from these regulations 

as e-Partner’s Flight Conditions and Operating Procedures provide for an equivalent level of safety 

when compared to these F.A.R.s.