UNITED STATES OF AMERICA 

DEPARTMENT OF 

TRANSPORTATION FEDERAL 

AVIATION ADMINISTRATION 

WASHINGTON, DC 

IN THE MATTER OF THE PETITION FOR EXEMPTION 

OF:

Swords Building 

Consultants, 

LLC

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS 

OF TITLE 14 OF THE CODE OF FEDERAL REGULATIONS

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

91.407(a)(1),

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

OPERATION OF DJI PHANTOM 3 UNMANNED AIRCRAFT SYSTEM

PURSUANT TO SECTION 333 

OF

THE FAA MODERNIZATION AND REFORM ACT OF 

2012 (PUBLIC LAW 112-95)

Submitted on October 26, 2015

Kris Swords 

Swords Building Consultants, LLC 

679 Country Road 1200E 

Eureka, IL 61530
2

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.................................................................7 

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH Swords Building 

Consultants, LLC SEEKS EXEMPTION......................................................................8

THE EXTENT OF RELIEF Swords Building Consultants, LLC SEEKS AND THE 

REASON SWORDS BUILDING CONSULTANTS, LLC SEEKS THE 

RELIEF...........................................................................................11

THE REASONS WHY GRANTING Swords Building Consultants, LLC's 

REQUEST WOULD BE IN THE PUBLIC INTEREST .......................................15 

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT 

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

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER..........34

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS 

AVAILABLE TO SUPPORT Swords Building Consultants, LLC's REQUEST........34

CONCLUSION....................................................................................................................35 

APPENDICES.........................................................................................36
3

GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level 

AOI Area of Interest 

ATC Air Traffic Control 

ATO Air Traffic Organization 

AV Aerial Vehicle

CFR Code of Federal Regulations 

COA Certificate Of Authorization 

FAA Federal Aviation Administration 

FAR Federal Aviation Regulation 

GCS Ground Control Station 

GPS Global Positioning System 

LOL Loss Of Link 

NAS National Airspace System 

NOTAM Notice To Airman 

PIC Pilot In Command 

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

SO Safety Observer 

SOP Standard Operating Procedures 

UA Unmanned Aircraft 

UAS Unmanned Aircraft System 

VFR Visual Flight Rules 

VLOS Visual Line Of Site 

VMC Visual Meteorological Conditions 

VTOL Vertical Take-Off and Landing 
4 

SUMMARY

Swords Building Consultants, LLC 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 pursuant to Section 

333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will 

permit to operate an Unmanned Aircraft System (UAS) for the commercial purpose 

of conducting aerial video and photography of construction sites, real estate and landscape 

over certain areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

Swords Building Consultants, LLC is a construction & inspection company as well as the 

building inspector for the Village of Goodfield in Illinois. Swords Building Consultants, LLC 

wishes to utilize a business strategy of growing into other areas as well due to pent up demand 

and requests for other offerings based on research the company has been performing. Swords 

Building Consultants, LLC has an interest in using the DJI Phantom 3 unmanned aircraft 

system (UAS) to provide consumers with high quality imaging and aerial data for a variety of 

commercial, public, and residential uses such as: 

Construction sites before, after and during 

Home/ Building Inspections 

Inspections for any high work a consumer would request, including but not limited to 

towers, windmills, grain silos 

Land survey & appraisals 

Real-estate marketing 

Aerial photography 

Videography 

Mapping 

Crop surveying 
5 

Weddings 

 Search and Rescue operations 

 UAS operator training 

BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 3 UAS 

Swords Building Consultants, LLC seeks an exemption to operate DJI Phantom 3 for 

compensation or hire within the NAS. The DJI Phantom 3 is a vertical takeoff and landing 

(VTOL) Unmanned Aircraft (UA) utilizing a 2.4 GHz Remote Control system. The DJI Phantom 

3 has a maximum gross weight of approximately 2.8 pounds, while having a diagonal size of 2.2 

feet, and a maximum speed of approximately 16 knots. 

The DJI Phantom 3 UAS that will be operated by Swords Building Consultants, 

LLC 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, Swords Building Consultants, LLC, 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 
6 

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, Swords Building Consultants, LLC operation of DJI 

Phantom 3 UAS meets the conditions of FMRA Section 333 and therefore, will not require an 

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

Accordingly, Swords Building Consultants, LLC 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. 

Swords Building Consultants, LLC submits that the requested relief is proper since an 

equivalent level of safety will be ensured. Swords Building Consultants, LLC will use 

experienced personnel or technicians to perform maintenance, alterations, or preventive 

maintenance on the UAS's using the methods, techniques, and practices prescribed in the 

operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual). 

Furthermore, Swords Building Consultants, LLC will document and maintain all maintenance 

records for the DJI Phantom 3 UAS 's. Relief from certain requirements of Section 61.113(a) and 

(b), entitled Private pilot privileges and limitations: Pilot in command, is requested by Swords 

Building Consultants, LLC to the extent necessary to allow a Pilot in Command (PIC) holding a 

private pilot or higher level certificate, as well as an airman medical certificate, and who has 

demonstrated, by meeting minimum flight- hour and current 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.
7 

Swords Building Consultants, LLC seeks relief from Section 91.7(a), entitled Civil 

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

certificate in ordnance with 14 C.F.R. Part 21, Subpart H. As such, Swords Building Consultants, 

LLC submits that he will ensure that the Phantom 3 UAS is in an airworthy condition, prior to 

every flight, by determining that the UAS is in compliance with the operating documents (i.e., 

Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual), and that the aircraft is in a 

condition for safe flight. Swords Building Consultants, LLC 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 and 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 UAS to the GCS for active 

monitoring of the flight path. This altitude information, combined with Swords Building 

Consultants, LLC'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, Swords Building Consultants, LLC seeks an exemption from the 

requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions. 

Swords Building Consultants, LLC submits that safety will not be affected by operation of the 

and 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 

13.5 minutes for the intended photo shoot and, assuming normal cruising speed, to fly after that 

for at least 4.5 minutes for recovery and landing. In accordance with 14 C.F.R. § 11.81, Swords 

Building Consultants, LLC provides the following information in support of its petition for 

exemption: 
8 

A. Name and Address of the Petitioner

The name and address of the Petitioner and point of contact is: 

Kris Swords 

Swords Building Consultants, LLC 

649 Country Road 1200E 

Eureka, IL 61530 

Email: swordsbc@gmail.com 

B. The Specific Sections Of 14 C.F.R. From Which Swords Building Consultants, LLC 

seeks Exemption

1. Swords Building Consultants, LLC 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. Swords Building Consultants, LLC 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. Swords Building Consultants, LLC 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-- 
9 

(1) Below 18,000 feet MSL, to-- 

(i) The current reported altimeter setting of a station along the route and 

within 100 nautical miles of the aircraft; 

(ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this 

section, the current reported altimeter setting of an appropriate available 

station; or 

(iii) In the case of an aircraft not equipped with a radio, the elevation of the 

departure airport or an appropriate altimeter setting available before 

departure. 

4. Swords Building Consultants, LLC seeks Exemption From The Requirements Of 

Section91.151(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. Swords Building Consultants, LLC seeks Exemption From The Requirement Of 

Section91.405(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. Swords Building Consultants, LLC 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. Swords Building Consultants, LLC seeks Exemption From The Requirements Of 

Sections 91.409(a)(1) And 91.409(a)(2).
10 

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. Swords Building Consultants, LLC 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. 
11 

(v) The current status of applicable airworthiness directives (AD) and safety 

directives including, for each, the method of compliance, the AD or Safety 

directive number and revision date. If the AD or safety directive involves 

recurring action, the time and date when the next action is required. 

(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major 

alteration to the airframe and currently installed engines, rotors, propellers, 

and appliances. 

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

prescribed: 

(1) The records specified in paragraph (a)(1) of this section shall be retained until the 

work is repeated or superseded by other work or for 1 year after the work is 

performed.(2) The records specified in paragraph (a)(2) of this section shall be 

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

(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 Swords Building Consultants, LLC seeks And The Reason Swords 

Building Consultants, LLC seeks The Relief.

1. Extent Of Relief Swords Building Consultants, LLC seeks And The 

Swords Building Consultants, LLC 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. 
12 

As set forth more fully below, Swords Building Consultants, LLC 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 current requirements, 

demonstrating that the PIC is able to safely operate 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, Swords Building Consultants, LLC submits that all flights of 

the DJI Phantom 3 UAS 's, conducted by the PIC pursuant to the grant of this Petition: (1) will 

be incidental to Swords Building Consultants, LLC business; and (2) will not carry passengers 

or property for compensation or hire. 

2. Extent Of Relief Swords Building Consultants, LLC seeks And The Reason 

Swords Building Consultants, LLC 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 Swords Building Consultants, LLC to determine that the DJI 

Phantom 3 UAS are in airworthy condition prior to every flight by ensuring that the UAS is 

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

Phantom 3 manuals. 

Swords Building Consultants, LLC seeks the requested relief because the DJI Phantom 

3 UAS does not require an airworthiness certificate in accordance with 14 

C.F.R. Part 21, Subpart H. Therefore, Swords Building Consultants, LLC 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 Instruction Manual) prior to 

every flight, and further, determine that the aircraft are in condition for safe flight, as stated in 

the conditions and limitations below. 
13 

3. Extent Of Relief Swords Building Consultants, LLC seeks And The Reason 

Swords Building Consultants, LLC 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 controller. Since the FAA requires that any 

altitude information concerning UAS operations be reported to air traffic control (ATC) in 

feet above ground level (AGL), Swords Building Consultants, LLC seeks the requested 

relief because the DJI Phantom 3 UAS altimeter may be set on the ground to zero feet AGL, 

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

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

91.121 is sought to the extent necessary to comply with the applicable conditions and 

limitations stated below. As more fully set forth herein, an equivalent level of safety 

will 

be maintained since 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 controller. 

4. Extent Of Relief Swords Building Consultants, LLC seeks And The Reason 

Swords Building Consultants, LLC 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 13.5 minutes to the first point of intended landing and, assuming normal 

cruising speed, to fly after that for at least 4.5 minutes. Swords Building Consultants, LLC seeks 
14 

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

of the battery powered and DJI Phantom 3 UAS will severely constrain the practicality of any 

aerial video or still photo flight operations that Swords Building Consultants, LLC proposes to 

conduct pursuant to this Petition. 

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

and the DJI Phantom 3 operating documents and Swords Building Consultants, LLC proposed 

operating limitations, ensure that Swords Building Consultants, LLC 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 

10 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after 

that for at least 2.5 minutes. 

5. Extent Of Relief Swords Building Consultants, LLC seeks And The 

Reason Swords Building Consultants, LLC 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, Swords Building Consultants, LLC requests 

relief from these Sections because the DJI Phantom 3 UAS does 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, Swords Building 

Consultants, LLC will use trained technicians to perform maintenance, alterations, or preventive 

maintenance on the UAS's using the methods, techniques, and practices prescribed in the UAS 

operating documents (i.e., the Aerial Operations Manual, Monthly Maintenance Log, and DJI 

Phantom 3 Instruction Manual). Furthermore, Swords Building Consultants, LLC will document 

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

D. The Reasons Why Granting Swords Building Consultants, LLC Request Would Be In 

The Interest; That Is, How It Would Benefit The Public As A Whole. 

Granting the present Petition will further the public interest by allowing Swords Building 

Consultants, LLC to safely, efficiently, and economically perform aerial video and photography 

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 Swords Building Consultants, LLC’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 is battery powered and serves as a safe, efficient, and 

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

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

allowing the use of the 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 does 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. 
16 

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 's, while 

reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as 

the UA's 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 1280g with Battery and Propellers respectively, at their 

maximum gross weights with respectively (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, 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, 
17 

operation of the DJI Phantom 3 UAS will allow United States based companies, like Swords 

Building Consultants, LLC to remain competitive and contribute to growth of the U.S. 

economy. Specifically, with the rising cost of aviation fuel and the Environmental Protection 

Agency (“EPA”) regulatory actions phasing out leaded aviation fuels, U.S. owned and 

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

competitive. Operating the battery powered DJI Phantom 3 UAS is one such technology that 

not only allows companies greater operational flexibility compared to manned aircraft, but 

provides such flexibility without the high operational cost of a traditional manned aircraft. 

By operating the DJI Phantom 3 UAS, companies such as Swords Building 

Consultants, LLC 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, 

Swords Building Consultants, LLC 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. Aerial Operations Manual, Monthly Maintenance 

Log, and the DJI Phantom 3 Instruction Manual's) 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. 
18 

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 Swords Building Consultants, LLC 

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, Swords Building Consultants, LLC’s 

operation of the DJI Phantom 3 UAS meet the conditions of FMRA Section 333, and 

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

Subpart H. 

Section 333 provides authority for a UAS to operate without airworthiness 

certification and sets forth requirements for considering whether a UAS will create a 

hazard to users of the NAS or the public, or otherwise pose a threat to national 

security. Specifically, FMRA Section 333 states the following, in part: 

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

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

Transportation shall determine if certain unmanned aircraft systems may 

operate safely in the national airspace system before completion of the plan 

and rulemaking required by section 332 of this Act or the guidance required 

by section 334 of this Act.(b) Assessment of Unmanned Aircraft Systems.--In 

making the determination under subsection (a), the Secretary shall 

determine, at a minimum--

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

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

populated areas, and operation within visual line of sight does 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).
19 

(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, Swords Building Consultants, LLC 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 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. 

ii. The DJI Phantom 3 UAS Autonomous Flight And Navigation 

Modes Enable The UAS To Remain Within A Defined Operational 

Area.

The DJI Phantom 3 may be operated in both manual and fully autonomous flight 

modes. The DJI Phantom 3 may be operated in manual flight mode only. A complete 

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

23-32 of the DJI and pages 8 & 11 of the DJI Phantom 3 User Manuals attached hereto as 

Exhibit C and D. 

iii. The DJI Phantom 3 UAS is 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 will remain stationary in flight, for 

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

from the GCS, the UAS will assume that the Control Link is lost and the UAS will return to 
20 

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

shutdown. 

A complete description of the Failsafe Functions of the DJI Phantom 3 AP UAS is set forth 

at pages 23 through 32 of the DJI Phantom 3 User Manual, attached hereto as Exhibit C and D. 

iv. The DJI Phantom 3 GCS And Its Operation.

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

and flight control software is provided at pages 23 through 32 of the DJI User Manual and pages 

8 and 11 of the DJI Phantom 3 QCAP User Manual. The DJI Phantom 3 User Manuals are 

attached hereto as Exhibits C and D. 

b. Flight Operations Of DJI Phantom 3 UAS Are Limited To The Line Of 

Sight Of A Certificated Pilot in Command With A Safety Observer.

Swords Building Consultants, LLC will only utilize certificated pilots who possess a 

current and valid U.S. driver’s license to act as a pilot in command (PIC) of the DJI Phantom 3 

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

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

Operating Limitations.

In seeking this exemption, Swords Building Consultants, LLC proposes to 

commercially operate the 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's weighing less than 

55 pounds maximum gross weight: the 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 UA may not be flown at an indicated airspeed exceeding 20 knots. 
21 

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 UA's must be operated within visual line of sight (VLOS) of the PIC at all 

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

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

certificate. 

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

permitted. 

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

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

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

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

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

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

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

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

permitted to operate the camera or other instruments. 

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

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

exists between the conditions and limitations contained in the grant of exemption and 

the procedures outlined in the operating documents, the conditions and limitations 

contained in the grant of exemption take precedence and must be followed. 

Otherwise, the operator must follow the procedures as outlined in its operating 

documents. The operator may update or revise its operating documents. It is the 

operator’s responsibility to track such revisions and present updated and revised 

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

and revised documents if it petitions for 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. 
22 

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

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

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

flight must make an entry in the aircraft records. 

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

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

relevant sections of the operating documents. 

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

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

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

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

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

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

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

15. Each UAS's operated under this exemption must comply with all manufacturers 

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 PIC's 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 
23 

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

accordance with a NOTAM as required by the operator’s COA. The letter of 

agreement with the airport management must be made available to the Administrator 

upon request. 

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

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

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

accordance with the operating documents. 

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

emergencies in accordance with the operating documents. 

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

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

intended landing point and land the UAS 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 

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

must be as large as practicable. 

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

control of the UAS 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 UAS 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: 
24 

a. Barriers or structures are present that sufficiently protect nonparticipating 

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

must ensure that nonparticipating persons remain under such protection. If a 

situation arises where nonparticipating persons leave such protection and are 

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

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

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

permission and the PIC has made a safety assessment of the risk of 

operating closer to those objects and determined that it does not present an 

undue hazard, and; 

c. Operations nearer to the PIC, SO, operator trainees or essential persons do 

not present an undue hazard to those persons per § 91.119(a). 

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

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

Permission from land owner/controller or authorized representative will be 

obtained for each flight to be conducted. 

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

boundaries of the operational area as defined by the applicable COA must 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.

Swords Building Consultants, LLC 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 Swords Building Consultants, LLC’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 
25 

Exemption No. 11062); and the airmanship skills necessary to safely operate the DJI 

Phantom 3 UAS, Swords Building Consultants, LLC submits that the additional 

manned airmanship experience of a commercially certificated pilot would not correlate 

to the airmanship skills necessary for Swords Building Consultants, LLC’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). 

Swords Building Consultants, LLC will not allow any PIC to operate the DJI Phantom 3 

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

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

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

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

Specifically, the PIC must have accumulated and logged, in a manner consistent with 

14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5 

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

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

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

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

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

during Swords Building Consultants, LLC’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: 
26 

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, Swords Building Consultants, LLC 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 
27 

evasive and emergency maneuvers and maintaining appropriate distances from people, 

vessels, vehicles and structures. 

3. Reasons Why An Exemption From The Requirements Of Section 91.7(a) Would 

Not Adversely Affect Safety.

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

because prior to every flight, Swords Building Consultants, LLC 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 Swords Building Consultants, LLC’s operation of the DJI Phantom 3 UA within 

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

91.121. The altitude information will be generated by GPS equipment installed on board the 

aircraft. Prior to each flight, a zero altitude initiation point is automatically established by the 

UAS's 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. 
28 

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 's; (2) the limitations on the proposed flight operations; and (3) the 

location of the proposed flight operations. Accordingly, Swords Building Consultants, 

LLC will ensure that he will safely operate the battery powered DJI Phantom 3 UA's 

during daylight hours in VFR conditions, with enough battery power to fly for a total 

duration of 13.5 minutes to the first point of intended landing and, assuming normal 

cruising speed, to fly after that for at least 4.5 minutes. 

Here, 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 provides 

audible and visual warnings to the PIC at the controller when the UA's experiences low 

battery voltage, the first warning occurring at approximately 33% remaining battery 

power, and again at approximately 10% remaining battery power. At the critically low 

battery level, the DJI Phantom 3 UAS will descend and land automatically. 

Significantly, previous exemptions granted by the FAA concerning Section 91.151 

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

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

aircraft to operate at less than the minimums prescribed in Section 91.151, including 
29 

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, Swords Building Consultants, LLC 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 Swords Building Consultants, LLC will use trained technicians to perform 

maintenance, alterations, or preventive maintenance on the UAS's using the methods, 

techniques, and practices prescribed in the operating documents i.e., the Operations Manual, 

Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual. Furthermore, Swords 

Building Consultants, LLC 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, Swords Building Consultants, LLC will maintain the equivalent level of safety 

established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). Copies of the DJI Phantom 3 

User Manuals are attached hereto as Exhibit C and D; a copy of the DJI Phantom 3 UAS 

Maintenance LOG is attached hereto as Exhibit E. 

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

Building Consultants, LLC will use trained technicians to perform maintenance, 
30 

alterations or preventive maintenance on the UAS using the methods, techniques, and 

practices prescribed by the operating documents. 

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

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

Phantom 3 UAS will be performed by trained technicians. Maintenance will be documented and 

maintained utilizing the monthly maintenance log. 

Significantly, previous exemptions granted by the FAA concerning Sections 

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is 

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

UAS are considered. 

In consideration of Swords Building Consultants, LLC’s proposed operating 

limitations, the operating documents, and the technical aspects of the DJI Phantom 3 UAS, 

Swords Building Consultants, LLC 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, Swords Building Consultants, 

LLC requests that the FAA prescribe special conditions for the intended operation of the DJI 

Phantom 3 UAS, which contains such safety standards that the administrator finds necessary 
31 

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 UA 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, it 

may prescribe 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 Swords Building Consultants, LLC’s intended operation of the 
32 

DJI Phantom 3 UAS , which contains such safety standards that the administrator finds 

necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, 

Subpart H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 

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

F. A Summary That Can Be Published In The Federal Register stating: The Rules

From Which Swords Building Consultants, LLC seeks Exemption:

Swords Building Consultants, LLC 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 Swords Building Consultants, 

LLC Seeks:

This exemption will permit Swords Building Consultants, LLC to commercially 

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

video and photography over certain areas of the United States.

G. Any Additional Information, Views, Or Arguments Available To Support Swords 

Building Consultants, LLCII’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, Swords Building Consultants, LLC 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 poses a threat to national 

security and further, provides the authority for such UAS to operate without airworthiness 

certification. 
33 

As discussed in detail above, Swords Building Consultants, LLC 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, Swords Building Consultants, LLC 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 purpose of conducting aerial video and 

photography over certain areas of the United States including aerial construction site 

inspections before, after and during, land survey & appraisals, real-estate marketing, , 

mapping, crop surveying, weddings, search and rescue operations. 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 Swords Building Consultants, LLC to safely, efficiently, and economically operate 

the DJI Phantom 3 UAS commercially within the NAS. 

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

Modernization and Reform Act of 2012, Section 333, Swords Building Consultants, LLC 

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 Swords Building 

Consultants, LLC 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: October 26, 2015 

Thank You for your Consideration, 

Kris Swords 

Swords Building Consultants, LLC
34 

APPENDICES: 

A - DJI Phantom 3 Specifications 

B – DJI Phantom 3 User Manual 

C - Monthly Maintenance Log
APPENDIX –A 

DJI Phantom 3 TECHNICAL SPECIFICATIONS

Swords Building Consultants, LLC only utilizes safe and reliable UAS's. DJI is an industry leader in 

small UAS production. DJI UAS's are loaded with ground breaking software enabling the user to set 

parameters which will not allow flight into controlled airspace. Parameters can also be set to limit 

flight to no higher than a predetermined and set altitude as well as limit flight to a predetermined and 

set distance. In addition, DJI software provides real-time altitude and location information to the PIC. 

1.1 

1.1.1 Aircraft 

1.1.1.1 Batteries –(4) Intelligent Flight Battery 4480 mAh

1.1.1.2 Weight, Flight – 1280 g

1.1.1.3 Hover Accuracy–Vertical: +/-.1 m; Horizontal: +/-2m 

1.1.1.4 Max Tilt Angel -90° to +30° 

1.1.1.5 Max Ascent/Descent Speed +5m/s -3m/s 

1.1.1.6 Max Flight Speed – 16 m/s (ATTI mode, no wind)

1.1.2 Gimbal 

1.1.2.1 Gimbal 3Axis (Pitch, Roll, Yaw) 

1.1.2.2 Pitch - Controllable -90° to +30° 

1.1.3 Transmitter FPV (CAMERA OPERATOR ONLY) 

1.1.3.1 Controller 2.400 GHz-2.483 GHz

1.1.3.2 Power Out-put 600mW 28dBm +/- 1dBm 

1.1.3.3 Frequencies 5740, 5760, 5780, 5800, 5820, 5840 and 5860MHz 

1.1.4 Camera 

1.1.4.1 Sony EXMOR 1/2.3” Effective pixels: 12.4 M (total pixels: 12.76 M)

1.1.4.2 FOV 94° 20 mm (35 mm format equivalent) f/2.8, focus at ∞

1.1.4.3 ISO Range - 100-3200 (video) 100-1600 (photo)

1.1.4.4 Operating Temperature Range 0°C to 40°C

1.1.5 Transmitter 1 Aircraft 

1.1.5.1 Operating Frequency 2.400GHz – 2.4835GHz 

1.1.5.2 Communication Distance 2000m (outdoors and unobstructed)

1.1.5.3 Transmitter Power FCC Compliance FCC: 20 dBm

1.1.5.4 Battery 6000 mAh LiPo 2S

1.1.5.5 Operating Temperature 0°C- 40°

APPENDIX – B
DJI Phantom 3 – Manufacturer's User Manual

http://download.dji-innovations.com/downloads/phantom_3/en/Safety_Guidelines_Disclaimer_en.pdf

http://download.dji-innovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual_v1.0_en.pdf

http://download.dji-innovations.com/downloads/phantom_3/en/Phantom_3_Professional_In_the_Box_en.pdf

http://download.dji-innovations.com/downloads/phantom_3/en/Phantom_3_Professional_Quick_Start_Guide_en.pdf

APPENDIX - C 

Swords Building 

Consultants, LLC 

Monthly Maintenance and Repair 

Log 

Aircraft: 

Hours: 

Date: 

Date Issue 

Discovered 

Date Issue

Resolved 

Issue Description/ Maintenance 

Conducted 

Repair/ 

Maintenance 

Performed By 

Airframe 

Motors 

Propellers 

Flight Control

Update 

Gimbal 

Misc