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October 21, 2015 

U.S. Department of Transportation 

Docket Operations 

West Building Ground Floor, Room w12-140 

1200 New Jersey Ave., SE 

Washington, DC 20590 

RE: Request for Amendment to Exemption No. 12898 Under FAA Modernization and 

Reform Act of 2012 (Regulatory Docket No. FAA−2015−2661)

To whom it may concern, 

Image in Flight (hereinafter “IIF”) requests an amendment to its existing Section 333 Exemption 

No. 12898, to include additional aircraft to IIF’s list of authorized small unmanned aircraft systems 

(“sUAS”). The conditions set forth in Docket No. FAA-2015-2661 have not changed since 

Exemption No. 12898 was granted to IIF on September 17, 2015. 

IIF seeks amendment to Section 333 Exemption No. 12898 to include authorization to operate the 

DJI Phantom 3, thereunder. This sUAS model meets the size and performance characteristics as 

required under IIF’s exemption and Section 333 of the 2012 FAA Modernization and Reform Act.

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 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 
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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. 

In an effort to ensure the safety of each flight, IIF 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 by providing 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 a portion 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

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

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

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 40C֯

GPS: GPS/GLONASS

Gimbal:

Controllable Range: Pitch: -90֯to +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 40C֯

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

Charger:

Voltage: 17.4 V

Rated Power: 57 W

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

Capacity: 4480 mAh

Voltage: 15.2 V
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Battery Type: LiPo 4S

Energy: 68 Wh

Net Weight: 365 g

Operating Temperature: -10֯C to 40֯C

Max Charging Power: 100 W

IIF’s existing safety standard and procedures as outlined in Exemption No. 12898 will apply to the 

operation of the additional sUAS model. IIF will follow the recommended maintenance and 

operations parameters set forth by the respective sUAS manufacturer.

If we may provide additional insight or information regarding IIF’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.