December, 15 2015 

Attn: 

U. S. Department of Transportation Docket Operations 

West Building Ground Floor, Room w12-140 1200 

New Jersey Ave, SE Washington, DC 20590 

RE: JOHN RUSSO PHOTOGRAPHY INC.

REQUEST AN EXEMPTION 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 UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF 

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

John Russo 

CEO 

John Russo Photography Inc.

9663 Santa monica Blvd #626

Beverly Hills, CA 90210

323-653-7774

dustin@johnrussophoto.com

1 
TABLE OF CONTENTS 

Page 

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

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

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

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

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

NAME AND ADDRESS OF PETITIONER.........................................................................6 

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH THE ALTEK MEDIA GROUP 

SEEKS EXEMPTION............................................................................................................7 

THE EXTENT OF RELIEF THE ALTEK MEDIA GROUP SEEKS AND THE REASON THE 

ALTEK MEDIA GROUP SEEKS THE RELIEF..............................................................10 

THE REASONS WHY GRANTING THE ALTEK MEDIA GROUP’S REQUEST WOULD BE 

IN THE PUBLIC INTEREST ............................................................................................12 

THE REASONS WHY GRANTING THE EXEMPTION TO THE ALTEK MEDIA GROUP 

WOULD NOT ADVERSELY AFFECT SAFETY..............................................................14 

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER...................25 

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO 

SUPPORT THE ALTEK MEDIA GROUP’S REQUEST..................................................25 

CONCLUSION.....................................................................................................................25 

APPENDICES......................................................................................... 26 

2 
GLOSSARY OF ABBREVIATIONS 

AGL Above Ground Level 

AOI Area of Interest 

ATC Air Traffic Control 

ATO Air Traffic Organization 

AV Aerial Vehicle 

CFR Code of Federal Regulations 

COA Certificate of Authorization 

FAA Federal Aviation Administration 

FAR Federal Aviation Regulation 

GCS Ground Control Station 

GPS Global Positioning System 

LOL Loss of Link 

NAS National Airspace System 

NOTAM Notice to Airman 

PIC Pilot In Command 

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

Safety Observer 

SOP Standard Operating Procedures 

UA Unmanned Aircraft 

UAS Unmanned Aircraft System 

VFR Visual Flight Rules 

VLOS Visual Line of Site 

VMC Visual Meteorological Conditions 

VTOL Vertical Takeoff and Landing 

3 
SUMMARY 

JOHN RUSSO PHOTOGRAPHY INC.

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

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

an Unmanned Aircraft System (DJI Phantom 3) pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit JOHN RUSSO 

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

purpose of conducting aerial video and photography of construction sites, residential and commercial real estate, civil landscapes and events over certain areas of the United States. 

INTRODUCTION AND INTERESTS OF THE PETITIONER 

JOHN RUSSO PHOTOGRAPHY INC. has for over eighteen years provided their clients (which 

include private sector businesses and non-profits, along with local state and federal agencies) with expertise and knowledge in video and multimedia marketing, advertising, public 

relations and training using advanced technologies and solutions. JOHN RUSSO PHOTOGRAPHY INC. has worked on thousands of productions over the past 18 years in all types of 

locations with a perfect client and employee safety record. In the past we have supplied 

our clients aerial video and photography using commercial aircraft. The objective of JOHN 

RUSSO PHOTOGRAPHY INC. and our Unmanned Aircraft System (DJI Phantom 3) aerial 

operations is to provide a more affordable, high-quality production system for a variety of 

governmental, commercial, public, and residential uses, specifically targeting 

• Construction sites before and after 

• Appraisals 

• Real-estate marketing 

• Economic development 

• Civic landmarks 

• Special event coverage 

• Private and governmental training

• Aerial film and photography

My staff has safely flown small RC electric quadcopters recreationally for approximately 3 years 

without incident.

BACKGROUND 

Unmanned Aircraft Systems: DJI Phantom 3, UAS 

JOHN RUSSO PHOTOGRAPHY INC. seeks an exemption to operate DJI Phantom 3 system for compensation or hire within the NAS. The DJI Phantom 3 is vertical takeoff and 

landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. The DJI Phantom 3 has a maximum gross 

weight of approximately 2.8 lb. while having a diagonal dimension of 23.2”, a maximum 

speed of approximately 16.4’fps and a maximum flying height of 400’. The DJI Phantom 3 is 

equipped with four main rotors; driven by Lithium Polymer battery powered electric motors. 

4 
The DJI Phantom 3 that will be operated by JOHN RUSSO PHOTOGRAPHY INC will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft, as well as 14 C.F.R Part 47, 

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

BASIS FOR PETITION 

Petitioner, JOHN RUSSO PHOTOGRAPHY INC, pursuant to the provisions of the Federal 

Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 

(FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems, hereby petitions the Administrator to commercially operate the DJI Phantom 3, UAS in the National Airspace 

System (NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 

91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). 

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

unmanned aircraft and its operation, JOHN RUSSO PHOTOGRAPHY INC operation of DJI Phantom 3 UAS meets the conditions of FMRA Section 333 and therefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. 

Accordingly, JOHN RUSSO PHOTOGRAPHY INC 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. 

JOHN RUSSO PHOTOGRAPHY INC submits that the requested relief is proper since an 

equivalent level of safety will be ensured. JOHN RUSSO PHOTOGRAPHY INC will use experienced personnel or technicians to perform maintenance, alterations, or preventive maintenance on 

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

(i.e., Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual). Furthermore, JOHN 

RUSSO PHOTOGRAPHY INC will document and maintain all maintenance records for the DJI 

Phantom 3 UAS. 

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

limitations: Pilot in command, is requested by JOHN RUSSO PHOTOGRAPHY INC to the extent 

necessary to allow a Pilot in Command (PIC) holding a private pilot or higher level certificate, 

as well as an airman medical certificate, and who has demonstrated, by meeting minimum flighthour and currency requirements, that the PIC is able to safely operate the DJI Phantom UAS in 

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

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

JOHN RUSSO PHOTOGRAPHY INC seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, because the DJI Phantom 3 UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, JOHN RUSSO PHOTOGRAPHY 

INC submits that they will ensure that the DJI Phantom 3 UAS is in an airworthy condition, prior 

to every flight, by determining that the UAS are in compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual), and that the 

aircraft are in a condition for safe flight. 

5 
JOHN RUSSO PHOTOGRAPHY INC also seeks an exemption from the requirements of Section 

91.121, entitled Altimeter Settings, as the DJI Phantom 3 UAS will not have a typical 

barometric altimeter onboard. However, altitude information of the DJI Phantom 3 UAS will be 

provided to the PIC via Global Positioning System (GPS) equipment and radio communications 

telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight 

path. This altitude information, combined with JOHN RUSSO PHOTOGRAPHY INC’s operation of the DJI Phantom 3 UAS within visual line of sight, at or below 400 feet AGL, will 

ensure a level of safety equivalent to Section 91.121. 

Additionally, JOHN RUSSO PHOTOGRAPHY INC seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions. JOHN 

RUSSO PHOTOGRAPHY INC submits that safety will not be affected by operation of the DJI 

Phantom 3 UAS during daylight hours in visual meteorological conditions (VMC) under visual 

flight rules (VFR), with enough battery power to fly for a total duration of approximately 23 

minutes. Battery power indicators are also able to show exactly how much battery power is left, 

as well as how much time is needed to return safely back to point of take off. 

In accordance with 14 C.F.R. § 11.81, JOHN RUSSO PHOTOGRAPHY INC 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: 

John Russo 

CEO 

John Russo Photography Inc.

9663 Santa monica Blvd #626

Beverly Hills, CA 90210

323-653-7774

dustin@johnrussophoto.com

6 
B. The Specific Sections Of 14 C.F.R. From Which JOHN RUSSO PHOTOGRAPHY INC

Seeks Exemption. 

1. The JOHN RUSSO PHOTOGRAPHY INC 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. JOHN RUSSO PHOTOGRAPHY INC Seeks Exemption From The Requirements Of 

Section 91.7(a). 

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

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

3. JOHN RUSSO PHOTOGRAPHY INC 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. 

7 
4. JOHN RUSSO PHOTOGRAPHY INC 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. The JOHN RUSSO PHOTOGRAPHY INC Seeks Exemption From The Requirement Of 

Section 91.405(a). 

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

owner or operator of an aircraft— 

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

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

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

6. JOHN RUSSO PHOTOGRAPHY INC 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. JOHN RUSSO PHOTOGRAPHY INC 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 
8. JOHN RUSSO PHOTOGRAPHY INC Seeks Exemption From The Requirements Of Sections 

91.417(a) And 91.417(b). 

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

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

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

in paragraph (b) of this section: 

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

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

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

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

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

work performed; and 

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

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

for return to service. 

(2) Records containing the following information: 

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

rotor. 

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

rotor, and appliance. 

(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. 

9 
(b) The owner or operator shall retain the following records for the periods prescribed: 

(1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by other work or for 1 year after the work is 

performed. 

(2) The records specified in paragraph (a)(2) of this section shall be retained and 

transferred with the aircraft at the time the aircraft is sold. 

(3) A list of defects furnished to a registered owner or operator under § 43.11 of 

this chapter shall be retained until the defects are repaired and the aircraft is 

approved for return to service. 

C. The Extent Of Relief JOHN RUSSO PHOTOGRAPHY INC Seeks And The Reason JOHN 

RUSSO PHOTOGRAPHY INC Seeks The Relief. 

1. Extent Of Relief JOHN RUSSO PHOTOGRAPHY INC Seeks And The Reason JOHN 

RUSSO PHOTOGRAPHY INC 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, JOHN RUSSO PHOTOGRAPHY INC submits that an equivalent 

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

UAS unless that PIC has met certain flight-hour and currency requirements, demonstrating 

that the PIC is able to safely operate either the DJI Phantom 3 UAS in a manner consistent with the operations specifications as described in this exemption, including evasive and 

emergency maneuvers, as well as maintaining appropriate distances from people, vessels, 

vehicles and structures. 

Further, JOHN RUSSO PHOTOGRAPHY INC submits that all flights of the DJI Phantom 3 

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

RUSSO PHOTOGRAPHY INC’s business; and (2) will not carry passengers or property for compensation or hire. 

10 
2. Extent Of Relief JOHN RUSSO PHOTOGRAPHY INC Seeks And The Reason JOHN 

RUSSO PHOTOGRAPHY INC 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 JOHN RUSSO PHOTOGRAPHY INC to determine that the DJI Phantom 3 UAS 

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

with the operating documents (i.e., JOHN RUSSO PHOTOGRAPHY INC Aerial Operations 

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

JOHN RUSSO PHOTOGRAPHY INC seeks the requested relief because the DJI Phantom 3 UAS 

do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, JOHN RUSSO PHOTOGRAPHY INC will ensure that the DJI Phantom 3 UAS are 

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

Maintenance Log, and DJI Phantom 3) prior to every flight, and further, determine that the 

aircraft are in condition for safe flight, as stated in the conditions and limitations below. 

3. Extent Of Relief JOHN RUSSO PHOTOGRAPHY INC Seeks And The Reason JOHN 

RUSSO PHOTOGRAPHY INC seeks Relief From Section 91.121. 

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

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

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

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

ground level (AGL), JOHN RUSSO PHOTOGRAPHY INC seeks the requested relief because 

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

barometric pressure or field altitude, before each flight. 

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

to the extent necessary to comply with the applicable conditions and limitations stated below. As 

more fully set forth herein, an equivalent level of safety will be maintained since the DJI 

Phantom 3 UAS are equipped with a barometric pressure sensor and GPS equipment, which 

automatically ensures that a ground level pressure setting will be established prior to each flight, 

and provides the PIC with altitude information of the UA on the heads-up display of the GCS. 

4. Extent Of Relief JOHN RUSSO PHOTOGRAPHY INC Seeks And The Reason JOHN 

RUSSO PHOTOGRAPHY INC Seeks Relief From Section 91.151(b). 

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

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

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

(VFR), for a total duration of 23 minutes. JOHN RUSSO PHOTOGRAPHY INC seeks the 

requested relief because without an exemption from Section 91.151(b), the flight time duration of the 

11 
battery powered DJI Phantom 3 UAS will severely constrain the practicality of any aerial video or 

still photo flight operations that JOHN RUSSO PHOTOGRAPHY INC proposes to conduct pursuant to this Petition. 

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

Phantom 3 operating documents, and JOHN RUSSO PHOTOGRAPHY INC’s proposed operating limitations, ensure that JOHN RUSSO PHOTOGRAPHY INC will safely operate the 

battery powered DJI Phantom 3 UAS during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery power to fly for a total duration 

of 23 minutes. 

5. Extent Of Relief JOHN RUSSO PHOTOGRAPHY INC Seeks And The Reason JOHN 

RUSSO PHOTOGRAPHY INC 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, JOHN RUSSO PHOTOGRAPHY INC requests relief 

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

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

operation without an airworthiness certificate. Accordingly, JOHN RUSSO PHOTOGRAPHY INC

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

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

(i.e., the JOHN RUSSO PHOTOGRAPHY INC Aerial Operations Manual, Monthly Maintenance 

Log, and DJI Phantom 3 Instruction Manual). Furthermore, JOHN RUSSO PHOTOGRAPHY 

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

D. The Reasons Why Granting JOHN RUSSO PHOTOGRAPHY INC 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 JOHN RUSSO PHOTOGRAPHY INC to safely, efficiently, and economically perform aerial video and photography 

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

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

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

PHOTOGRAPHY INC’s proposed operation of the DJI Phantom 3 UAS will be realized 

without implicating any privacy issues. 

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

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

12 
amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of 

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

air pollution, as well as increase the safety of life and property in the air and on the ground. 

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

around airports caused by arriving and departing aircraft will be reduced. The DJI Phantom 3 

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

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

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

flight operations. 

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

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

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

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

and electric motors, the DJI Phantom 3 UAS produce no air pollution, and is the most viable 

environmentally conscious alternative to the cabin class, six cylinder internal combustion engine 

aircraft that are typically utilized for aerial video and photography, while burning approximately 

20-30 gallons per hour of leaded aviation fuel. The DJI Phantom 3 UAS, while reducing the 

carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UAS are propelled by 

battery powered electric motors, rather than an internal combustion engine. 

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

property in the air and on the ground, which is usually associated with traditional manned aircraft flight operations, will be substantially reduced or completely eliminated. Aside from the lack 

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

approximately 2.8 pounds at their maximum gross weight with diagonal dimension of 23.2 

inches, and with no fuel on board), has less physical potential for collateral damage to life and 

property on the ground, and in the air, compared to the manned aircraft that typically conduct similar operations (weighing approximately 6,000 pounds with a wingspan of approximately 42 feet, 

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

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

Will Benefit The Economy. 

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

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

DJI Phantom 3 UAS will allow United States based companies, like JOHN RUSSO PHOTOGRAPHY INC, to remain competitive and contribute to growth of the U.S. economy. Specifically, with 

the rising cost of aviation fuel and the Environmental Protection Agency (“EPA”) regulatory actions phasing out leaded aviation fuels, U.S. owned and operated companies must adopt new 

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

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

13 
flexibility compared to manned aircraft, but provides such flexibility without the high operational cost of a traditional manned aircraft. 

By operating the DJI Phantom 3 UAS, companies such as JOHN RUSSO PHOTOGRAPHY INC, 

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

and contractors, which will ultimately contribute to growth of the U.S. economy. Improved financial performance of U.S. companies, through commercial use of the DJI Phantom 3 UAS, provides 

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

revenues; and allows companies to invest in research and development in order to remain 

competitive both in the United States and abroad. 

4. There Are No Privacy Issues. 

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

JOHN RUSSO PHOTOGRAPHY INC’s proposed operation of the DJI Phantom 3 UAS will 

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

only in compliance with operating documents (i.e., JOHN RUSSO PHOTOGRAPHY INC 

Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual) which requires property owner involvement as well as local law enforcement notification, 

and in accordance with the Federal Aviation Regulations, including the minimum altitude 

requirements of 14 C.F.R. § 91.119. 

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 JOHN RUSSO PHOTOGRAPHY INC Seeks Exemption. 

1. Reasons Why The DJI Phantom 3 UAS Meet The Conditions Of The FAA Modernization and Reform Act of 2012 (FMRA) Section 333. 

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

unmanned aircraft and its operation, JOHN RUSSO PHOTOGRAPHY INC’s operation of the 

DJI Phantom 3 UAS meet the conditions of FMRA Section 333, and will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. 

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

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

public, or otherwise pose a threat to national security. Specifically, FMRA Section 333 states the 

following, in part: 

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

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

shall determine if certain unmanned aircraft systems may operate safely in the 

national airspace system before completion of the plan and rulemaking required by section 332 of this Act or the guidance required by section 334 of this Act. 

14 
(b) Assessment of Unmanned Aircraft Systems.--In making the determination under 

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

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

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

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

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

security; and 

(2) whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, United States Code, 

is required for the operation of unmanned aircraft systems identified under 

paragraph (1). 

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

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

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

aircraft systems in the national airspace system. 

In seeking this exemption, JOHN RUSSO PHOTOGRAPHY INC submits that the DJI Phantom 3 

UAS can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: 

(a) the characteristics of the DJI Phantom 3 UAS; (b) the pilot certification requirement; and 

(c) the specific operating limitations. 

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

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

pose a threat to national security considering its size, weight, speed, and operational capability. 

i. Technical Specifications Of The DJI Phantom 3 UAS. 

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

Manual, attached hereto as Appendix A. 

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

Within A Defined Operational Area. 

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

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

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

iii. The DJI Phantom 3 UAS Are Designed For Automatic Return To Home Point Or 

Hover In The Event Of Loss Of The Control Link Or Navigation. 

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

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

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

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

15 
A complete description of the Failsafe Functions of the DJI Phantom 3 UAS are set forth at 

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

iv. The DJI Phantom 3 GCS And Its Operation. 

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

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

Phantom 3 User Manual is attached hereto as Appendix A. 

b. Flight Operations Of DJI Phantom 3 UAS Is Limited To The Line Of Sight Of A 

Certificated Pilot in Command With A Safety Observer. 

JOHN RUSSO PHOTOGRAPHY INC video production staff will be the only persons to act as a 

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

at all times during flight time. 

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

Limitations. 

In seeking this exemption, JOHN RUSSO PHOTOGRAPHY INC proposes to commercially operate DJI Phantom 3 UAS for the special purpose of conducting aerial video and photography over 

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

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

aircraft described in the operating documents, rotorcraft UAS weighing less than 55 

pounds maximum gross weight: DJI Phantom 3 Unmanned Aircraft Systems. Proposed operations of any other aircraft will require a new petition or a petition to amend 

this grant. 

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

purpose of aerial video and photography. 

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

4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL), as indicated by the procedures specified in the operating documents unless a 

special request is made and approved by ATC. All altitudes reported to ATC must be in 

feet AGL. 

5. The UAS must be operated within visual line of sight (VLOS) of the PIC at all 

times. This requires the PIC to be able to use human vision unaided by any device 

other than corrective lenses, as specified on the PIC’s FAA-issued airman medical 

certificate. 

6. The use of first person view (FPV) by the PIC or safety observer (SO) is not 

permitted. 

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7. All operations must utilize a safety observer (SO). The SO may be used to satisfy the 

VLOS requirement as long as the PIC always maintains VLOS capability. The SO and 

PIC must be able to communicate verbally at all times. Electronic messaging or texting 

is not permitted during flight operations. The PIC must be designated before the flight 

and cannot transfer his or her designation for the duration of the flight. The PIC must 

ensure that the SO can perform the functions prescribed in the operating documents. 

8. The SO must not perform any other duties beyond assisting the PIC with seeing and 

avoiding other air traffic and other ground based obstacles/obstructions and is not 

permitted to operate the camera or other instruments. 

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

during UAS operations and made available to the Administrator upon request. 

If a discrepancy exists between the conditions and limitations contained in the 

grant of exemption and the procedures outlined in the operating documents, the conditions and limitations contained in the grant of exemption take precedence and must be 

followed. Otherwise, the operator must follow the procedures as outlined in its 

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

It is the operator’s responsibility to track such revisions and present updated and 

revised documents to the Administrator upon request. The operator must also present 

updated and revised documents if it petitions for extension or amendment to the 

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

affect the basis upon which the FAA granted the exemption, then the operator must 

petition for amendment to its grant of exemption. The FAA’s UAS Integration Office 

(AFS-80) may be contacted if questions arise regarding updates or revisions to 

the operating documents. 

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

for safe flight. If the inspection reveals a condition that affects the safe operation of the 

UAS, the aircraft is prohibited from operating until the necessary maintenance has been 

performed and the UAS is found to be in a condition for safe flight. The Ground Control Station must be included in the preflight inspection. All maintenance and 

alterations must be properly documented in the aircraft records. 

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

operation or flight characteristics, e.g. replacement of a flight critical component, 

must undergo a functional test flight. The PIC who conducts the functional test flight 

must make an entry in the aircraft records. 

12. The pre-flight inspection must account for all potential discrepancies, e.g. 

inoperable components, items, or equipment, not already covered in the relevant 

sections of the operating documents. 

13. The operator must follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements. 

17 
14. The operator must carry out its maintenance, inspections, and record keeping 

requirements, in accordance with the operating documents. Maintenance, inspection, 

alterations, and status of replacement/overhaul component parts must be noted in the 

aircraft records, including total time in service, description of work accomplished, 

and the signature of the authorized person returning the UAS to service. 

15. Each UAS operated under this exemption must comply with all manufacturer 

Safety Bulletins. 

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

action taken against discrepancies discovered between inspections. 

17. The PIC must possess at least a private pilot certificate and at least a current thirdclass medical certificate. 

18. The operator may not permit any PIC to operate unless the PIC meets the 

operator’s qualification criteria and demonstrates the ability to safely operate the 

UAS in a manner consistent with how the UAS will be operated under the exemption, 

including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours must 

be logged in a manner consistent with 14 C.F.R. § 61.51(b). Flights for the purposes 

of training the operator’s PICs are permitted under the terms of the exemption. 

However, training operations may only be conducted during dedicated training 

sessions. During training, proficiency, and experience-building flights, all persons not 

essential for flight operations are considered nonparticipants, and the PIC must 

operate the UA with appropriate distance from nonparticipants in accordance with 14 

C.F.R. § 91.119. 

19. UAS operations may not be conducted during night, as defined in 14 C.F.R. § 1.1. 

All operations must be conducted under visual meteorological conditions (VMC). If 

flight at night is required, a special request will be made at the FAA office closest to 

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

authorized. 

20. The UA may not operate within 5 nautical miles of an airport reference point as denoted on a current FAA-published aeronautical chart unless a letter of agreement with 

that airport’s management is obtained, and the operation is conducted in accordance with a NOTAM as required by the operator’s COA. The letter of agreement with the airport management must be made available to the Administrator upon 

request. 

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

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

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

accordance with the operating documents. 

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

in accordance with the operating documents. 

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

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

the intended landing point and land the UA with 25% battery power remaining. 

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

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

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

(NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the 

operation. All operations shall be conducted in accordance with airspace requirements 

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

transponder requirements. 

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

number, registered in accordance with 14 C.F.R. part 47, and have identification (NNumber) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must be 

as large as practicable. 

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

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

(FCC) or other appropriate government oversight agency requirements. 

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

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

These documents must be made available to the Administrator or any law enforcement official upon request. 

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

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

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

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

vessels, vehicles, and structures unless: 

a. Barriers or structures are present that sufficiently protect nonparticipating 

persons from the UA and/or debris in the event of an accident. The operator must 

ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 

500 feet of the UA, flight operations must cease immediately and/or; 

b. The aircraft is operated near vessels, vehicles or structures where the 

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

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

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

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

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

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

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

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

flight to be conducted. 

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

boundaries of the operational area as defined by the applicable COA must be reported to the FAA’s UAS Integration Office (AFS-80) within 24 hours. Accidents must 

be reported to the National Transportation Safety Board (NTSB) per instructions 

contained on the NTSB Web site: www.ntsb.gov. 

2. Reasons Why An Exemption From The Requirements Of Section 61.113(a) And (b) 

Would Not Adversely Affect Safety. 

JOHN RUSSO PHOTOGRAPHY INC submits that the equivalent level of safety established by 

Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate the DJI 

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

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

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

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

Considering JOHN RUSSO PHOTOGRAPHY INC’s proposed area of operations, and the 

operating limitations set forth-above; the parallel nature of private pilot aeronautical knowledge requirements to those of commercial pilot requirements (See Exemption No. 11062); 

and the airmanship skills necessary to safely operate the DJI Phantom 3 UAS, JOHN 

RUSSO PHOTOGRAPHY INC submits that the additional manned airmanship experience of 

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

RUSSO PHOTOGRAPHY INC’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). 

JOHN RUSSO PHOTOGRAPHY INC will not allow any PIC to operate the DJI Phantom 3 

UAS unless that PIC has demonstrated, by meeting minimum flight-hour requirements or the DJI 

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

Phantom 3 UAS in a manner consistent with this exemption, including evasive and emergency 

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

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

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

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hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption). In addition to the hour requirements, the PIC must accomplish 3 takeoffs and 

landings in the preceding 90 days (for currency purposes). 

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

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

during JOHN RUSSO PHOTOGRAPHY INC’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. 

Exemption No. 11138 at page 15. 

Accordingly, JOHN RUSSO PHOTOGRAPHY INC will ensure safe operations by not allowing 

any PIC to operate the DJI Phantom 3 UAS unless that PIC has demonstrated, by meeting minimum flight-hour and currency requirements, that the PIC is able to safely operate the DJI 

Phantom 3 UAS in a manner consistent with the exemption, including evasive and emergency 

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

3. Reasons Why An Exemption From The Requirements Of Section 91.7(a) Would Not 

Adversely Affect Safety. 

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

every flight, JOHN RUSSO PHOTOGRAPHY INC will ensure that the DJI Phantom 3 UAS 

is in an airworthy condition based upon the UAS’s compliance with its operating documents 

and as stated in the conditions and limitations herein. 

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

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

11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 

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

4. Reasons Why An Exemption From The Requirements Of Section 91.121 Would Not 

Adversely Affect Safety. 

The equivalent level of safety established by Section 91.121 will be maintained because 

the altitude information of the DJI Phantom 3 UAS will be provided to the PIC via GPS equipment and a radio communications telemetry data link, which downlinks from the UA to the GCS 

for active monitoring of the flight path and altitude. This altitude information, combined with 

JOHN RUSSO PHOTOGRAPHY INC’s operation of the DJI Phantom 3 UAS within visual line of 

sight, at or below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121. The altitude information will be generated by GPS equipment installed onboard the aircraft. Prior to 

each flight, a zero altitude initiation point is automatically established by the UAS at ground level. 

The FAA has previously granted relief from Section 91.121 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 

11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 

11158, 11159, 11160, 11161). 

5. Reasons Why An Exemption From The Requirements Of Section 91.151(b) Would Not 

Adversely Affect Safety. 

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

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

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

operations. Accordingly, JOHN RUSSO PHOTOGRAPHY INC will ensure that it will safely operate the battery powered DJI Phantom 3 UAS during daylight hours in VFR conditions, with 

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

Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom 3 UAS; the limitations on the proposed flight operations; and the location of the proposed operations, will ensure 

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

will be ensured as the DJI Phantom 3 UAS provide audible and visual warnings to the PIC at the 

GCS when the UAS experiences low battery voltage, the first warning occurring at approximately 33% remaining battery power, and again at approximately 10% remaining battery 

22 
power. At the critically low battery level, the DJI Phantom 3 UAS will descend and land 

automatically. 

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

safety is not adversely affected when the technical characteristics and operating limitations of the 

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

the minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 

10650. Moreover, the FAA has previously granted relief from Section 91.151 specific to 

UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 

11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). 

6. Reasons Why An Exemption From The Requirements Of Sections 91.405(a), 

91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would Not Adversely Affect 

Safety. 

In seeking this exemption, JOHN RUSSO PHOTOGRAPHY INC 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 JOHN RUSSO PHOTOGRAPHY INC 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., JOHN RUSSO PHOTOGRAPHY INC 

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

Furthermore, JOHN RUSSO PHOTOGRAPHY INC will document and maintain all maintenance records for the DJI Phantom 3 

UAS. 

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

RUSSO PHOTOGRAPHY INC will maintain the equivalent level of safety established by 

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

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

Likewise, the exemption sought will not adversely affect safety because JOHN RUSSO PHOTOGRAPHY INC will use trained technicians to perform maintenance, alterations or preventive 

maintenance on the UAS using the methods, techniques, and practices prescribed by the 

operating documents. 

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

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

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

utilizing the monthly maintenance log. 

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

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

affected when the technical characteristics and operating limitations of the UAS are considered. 

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In consideration of JOHN RUSSO PHOTOGRAPHY INC’s proposed operating limitations, the 

operating documents, and the technical aspects of the DJI Phantom 3 UAS, JOHN RUSSO PHOTOGRAPHY INC 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, JOHN RUSSO PHOTOGRAPHY INC requests 

that 

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

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

safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) & 

(b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) 

& (b). Such special conditions will permit safe operation of the UAS for the limited purpose of 

conducting aerial video and photography over certain areas of the United States for compensation or hire. FMRA Section 333 sets forth the requirements for considering whether a UAS 

will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and further, provides the authority for such UAS to operate without airworthiness certification in accordance with any requirements that must be established for the safe operation of the 

UAS in the NAS. 

Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, 

for operation of the DJI Phantom 3 UAS, since the airworthiness regulations of 14 C.F.R. 

Part 21 do not contain adequate or appropriate safety standards, due to the novel or unusual design features of the aircraft. Section 21.16, entitled Special Conditions, states the 

following: 

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

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

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

prescribes special conditions and amendments thereto for the product. The special 

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

standards for the aircraft, aircraft engine or propeller as the FAA finds necessary to 

establish a level of safety equivalent to that established in the regulations. 

See 14 C.F.R. § 21.16. 

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

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

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

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

24 
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 Summary That Can Be Published In The Federal Register, stating: The 

Rules From Which JOHN RUSSO PHOTOGRAPHY INC Seeks Exemption: 

JOHN RUSSO PHOTOGRAPHY INC 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 JOHN RUSSO PHOTOGRAPHY 

INC Seeks: 

This exemption will permit JOHN RUSSO PHOTOGRAPHY INC to commercially 

operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial 

video and photography over certain areas of the United States. 

• Any Additional Information, Views, Or Arguments Available To Support 

JOHN RUSSO PHOTOGRAPHY INC’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, JOHN RUSSO PHOTOGRAPHY INC’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, JOHN RUSSO PHOTOGRAPHY INC will operate the DJI 

Phantom 3 UAS safely in the NAS, without creating a hazard to users of the NAS, or the 

public, or otherwise pose a threat to national security. 

CONCLUSION 

As set forth herein, JOHN RUSSO PHOTOGRAPHY INC seeks an exemption pursuant to 14 

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

which will permit safe operation of the DJI Phantom 3 UAS commercially, without an 

airworthiness certificate, for the limited purpose of conducting aerial video and photography over 

certain areas of the United States. By granting this Petition, the FAA Administrator will be 

fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, 

while also advancing the interests of the public, by allowing JOHN RUSSO PHOTOGRAPHY INC to safely, efficiently, and economically operate the DJI Phantom 3 UAS commercially 

within the NAS. 

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WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, JOHN RUSSO PHOTOGRAPHY INC respectfully requests that the Administrator grant this Petition for an exemption from the requirements 

of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 

91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit Leading Edge to operate the DJI Phantom 

3 UAS commercially for the purpose of conducting aerial video and photography over certain areas of the United States. 

Dated: December 15, 2015 

Respectfully submitted, 

John Russo 

CEO 

John Russo Photography Inc.

9663 Santa monica Blvd #626

Beverly Hills, CA 90210

323-653-7774

dustin@johnrussophoto.com

Appendices: 

A – Link to DJI Phantom 3 Manual: Click on link below 

http://download.djiinnovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual_v1.2_en.pdf 

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