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UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

 Michael Minnehan Ariel Photography

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 2 AND DJI Phantom 3 UNMANNED AIRCRAFT SYSTEMS  PURSUANT 

TO SECTION 333 OF 

THE FAA MODERNIZATION AND REFORM ACT OF 2012

(PUBLIC LAW 112-95)

Submitted on June 21, 2015

Michael Minnehan DBA Michael 

Minnehan’s Aeriel Photography

227 Aspen Grove Way

Severance, CO 80550

402-613-7711

michaelminnehan@gmail.com
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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 MICHAEL MINNEHAN’S 

AERIAL PHOTOGRAPHY SEEKS EXEMPTION........................................................7

THE EXTENT OF RELIEF MICHAEL MINNEHAN’S ARIAL PHOTOGRAPHY SEEKS 

AND THE REASON MICHAEL MINNEHAN’S AERIAL PHOTOGRAPHY, SEEKS 

THE 

RELIEF.....................................................................................................................10

THE REASONS WHY GRANTING MICHAEL MINNEHAN’S ARIAL PHOTOGRAPHY 

REQUEST WOULD BE IN THE PUBLIC INTEREST ..............................................13

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY

AFFECT SAFETY.......................................................................................................16

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER.................30

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO 

SUPPORT MICHAEL MINNEHANS REQUEST..................................................30

CONCLUSION........................................................................................................................31

APPENDICES.......................................................................................................32
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GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

GCS Ground Control Station

GPS Global Positioning System

LOL Loss of Link

NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot In Command

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

333

SO Safety Observer

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing
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SUMMARY

MICHAEL MINNEHAN’S AERIAL PHOTOGRAPHY 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 MICHAEL MINNEHAN’S AERIAL PHOTOGRAPHY to operate an Unmanned 

Aircraft System (UAS) for the commercial purpose of conducting aerial video and 

photography of real estate, commercial properties, weddings, and landscape over certain 

areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

MICHAEL MINNEHAN’S AERIAL PHOTOGRAPHY provides his clients with photography 

and video services of properties and buildings for the purpose of advertising and promotion. 

MICHAEL MINNEHAN’S AERIAL PHOTOGRAPHY will also provide wedding videos and 

photographs for customers. The objective of MICHAEL MINNEHAN’S AERIAL 

PHOTOGRAPHY and his aerial operations is to provide high quality imaging for a variety of 

commercial, public, and residential uses, specifically targeting:

• Residential Construction

• Real-estate marketing

• Resort property marketing

• Wedding photography

BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 2, DJI Phantom 3 UASs

MICHAEL MINNEHAN’S AERIAL PHOTOGRAPHY seeks an exemption to operate DJI 

systems for compensation or hire within the NAS. The DJI Phantom 2 and DJI Phantom 3 are 

vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) 

utilizing electronic tablet or smart phone systems. The DJI Phantom 2 has a maximum gross 

weight of approximately 2 pounds 11 ounces, while having a length of 16 inches width of 16 

inches, height of 8 inches, and a maximum speed of approximately 29 knots. The DJI 

Phantom 3 has a maximum gross weight of 6 pounds 7.5 ounces, a length of 17.3 inches, 

width of 17.7 inches, height of 11.8 inches, and a maximum speed of approximately 42 

knots. The DJI Phantom 2 and DJI Phantom 3UAs are equipped with four main rotors; driven 

by Lithium Polymer battery powered electric motors.
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BASIS FOR PETITION

Petitioner, MICHAEL MINNEHAN’S AERIAL PHOTOGRAPHY, 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 2

and DJI Phantom 3 UASs 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, MICHAEL MINNEHAN’S AERIAL PHOTOGRAPHY 

operation of DJI Phantom 2 and DJI Phantom 3 UASs 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, MICHAEL MINNEHAN’S AERIAL PHOTOGRAPHY 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.

MICHAEL MINNEHAN’S AERIAL PHOTOGRAPHY submits that the requested relief is 

proper since an equivalent level of safety will be ensured. MICHAEL MINNEHAN’S AERIAL 

PHOTOGRAPHY will use experienced personnel or technicians to perform maintenance, 

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

practices prescribed in the operating documents (i.e., Monthly Maintenance Log, and DJI 

Phantom 2 and DJI Phantom 3 Instruction Manual). Furthermore, MICHAEL MINNEHAN’S 

AERIAL PHOTOGRAPHY will document and maintain all maintenance records for the DJI 

Phantom 2 and DJI Phantom 3 UASs.

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

privileges and limitations: Pilot in command, is requested by MICHAEL MINNEHAN’S 

AERIAL PHOTOGRAPHY to the extent necessary to allow a Pilot in Command (PIC) 

holding a private pilot or higher level certificate, as well as an airman medical certificate, 

and who has demonstrated, by meeting minimum flight- hour and currency requirements, 

that the PIC is able to safely operate the DJI Phantom 2 and DJI Phantom 3 UASs in a 

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

maintaining appropriate distances from people, vessels, vehicles and structure. Michael 

Minnehan has completed the ground school portion of 14 CFR 141, which has equipped 

him with the knowledge of classes of airspace, visual flight rules VFR and all other 

knowledge need to operate in uncontrolled airspace.
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MICHAEL MINNEHAN’S AERIAL PHOTOGRAPHY seeks relief from Section 91.7(a), 

entitled Civil aircraft airworthiness, because the DJI Phantom 2 and DJI Phantom 3 UASs do 

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

such, MICHAEL MINNEHAN’S AERIAL PHOTOGRAPHY submits that he will ensure that the 

DJI Phantom 2 and DJI Phantom 3UASs are in an airworthy condition, prior to every flight, by 

determining that the UASs are in compliance with the operating documents (i.e., Monthly 

Maintenance Log, and DJI Phantom 2 and DJI Phantom 3 Instruction Manual), and that the 

aircraft are in a condition for safe flight. He will utilize the preflight instructions provided by 

DJI to ensure airworthiness checks prior to each flight.

MICHAEL MINNEHAN’S AERIAL PHOTOGRAPHY also seeks an exemption from the 

requirements of Section 91.121, entitled Altimeter Settings, as the DJI Phantom 2 and DJI 

Phantom 3 UAs will not have a typical barometric altimeter onboard. However, altitude 

information of the DJI Phantom 2 and DJI Phantom 3UAs 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 GPS for active monitoring of the flight path. This altitude 

information, combined with MICHAEL MINNEHAN’S AERIAL PHOTOGRAPHY’s operation 

of the DJI Phantom 2 and DJI Phantom 3 UASs within visual line of sight, at or below 500 

feet AGL, will ensure a level of safety equivalent to Section 91.121.

Additionally, MICHAEL MINNEHAN’S AERIAL PHOTOGRAPHY seeks an exemption 

from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR 

conditions. MICHAEL MINNEHAN’S AERIAL PHOTOGRAPHY submits that safety will 

not be affected by operation of the DJI Phantom 2 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 14.5 minutes to the 

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

least 4.5 minutes.

In accordance with 14 C.F.R. § 11.81, MICHAEL MINNEHAN’S AERIAL 

PHOTOGRAPHY 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:

MICHAEL MINNEHAN DBA MICHAEL MINNEHAN’S AERIAL PHOTOGRAPHY

227 Aspen Grove Way

Severance, CO 80550

402-613-7711

michaelminnehan@gmail.com
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B. The Specific Sections Of 14 C.F.R. From Which MICHAEL MINNEHAN’S 

AERIAL PHOTOGRAPHY Seeks Exemption.

1. MICHAEL MINNEHAN’S AERIAL PHOTOGRAPHY 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. MICHAEL MINNEHAN’S AERIAL PHOTOGRAPHY 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. MICHAEL MINNEHAN’S AERIAL PHOTOGRAPHY 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 
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the departure airport or an appropriate altimeter setting available before 

departure.

4. MICHAEL MINNEHAN’S AERIAL PHOTOGRAPHY 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. MICHAEL MINNEHAN’S AERIAL PHOTOGRAPHY 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. MICHAEL MINNEHAN’S AERIAL PHOTOGRAPHY 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. MICHAEL MINNEHAN’S AERIAL PHOTOGRAPHY 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:
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(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. MICHAEL MINNEHAN’S AERIAL PHOTOGRAPHY 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 
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which the aircraft and its appliances are maintained.

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

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

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

involves recurring action, the time and date when the next action is

required.

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

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

propellers, and appliances.

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

prescribed:

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

retained until the work is repeated or superseded by other work or for 1 

year after the work is performed.

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

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

(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 MICHAEL MINNEHAN’S AERIAL PHOTOGRAPHY

Seeks And The Reason MICHAEL MINNEHAN’S AERIAL PHOTOGRAPHY

Seeks The Relief.

1. Extent Of Relief MICHAEL MINNEHAN’S AERIAL PHOTOGRAPHY Seeks And The 

Reason MICHAEL MINNEHAN’S AERIAL PHOTOGRAPHY 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
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employment; and (2) The aircraft does not carry passengers or property for compensation or 

hire.

As set forth more fully below, MICHAEL MINNEHAN’S AERIAL PHOTOGRAPHY submits 

that an equivalent level of safety will be maintained because no PIC will be allowed to 

operate the DJI Phantom 2 UAS or 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 2 or 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, MICHAEL MINNEHAN’S AERIAL PHOTOGRAPHY submits that all flights of the 

DJI Phantom 2 and DJI Phantom 3 UASs, conducted by the PIC pursuant to the grant of this 

Petition: (1) will be incidental to MICHAEL MINNEHAN’S AERIAL PHOTOGRAPHY’s 

business; and (2) will not carry passengers or property for compensation or hire.

2. Extent Of Relief MICHAEL MINNEHAN’S AERIAL PHOTOGRAPHY Seeks And 

The Reason MICHAEL MINNEHAN’S AERIAL PHOTOGRAPHY 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 MICHAEL MINNEHAN’S AERIAL PHOTOGRAPHY to determine that the 

DJI Phantom 2 and DJI Phantom 3 UASs are in airworthy condition prior to every flight by 

ensuring that the UAS is in compliance with the operating documents (i.e., the MICHAEL 

MINNEHAN’S AERIAL PHOTOGRAPHY Aerial Operations Manual, Monthly Maintenance 

Log, and DJI Phantom 2 and DJI Phantom 3 Instruction Manual).

MICHAEL MINNEHAN’S AERIAL PHOTOGRAPHY seeks the requested relief because the 

DJI Phantom 2 and DJI Phantom 3 UASs do not require an airworthiness certificate in 

accordance with 14 C.F.R. Part 21, Subpart H. Therefore, MICHAEL MINNEHAN’S AERIAL 

PHOTOGRAPHY will ensure that the DJI Phantom 2 and DJI Phantom 3 UASs are in 

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

Maintenance Log, and DJI Phantom 2 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.

3. Extent Of Relief MICHAEL MINNEHAN’S AERIAL PHOTOGRAPHY Seeks and 

the Reason MICHAEL MINNEHAN’S AERIAL PHOTOGRAPHY 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 2 and DJI Phantom 3 UASs, which utilize a barometric pressure sensor, 
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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), MICHAEL MINNEHAN’S AERIAL PHOTOGRAPHY seeks the 

requested relief because the DJI Phantom 2 and 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 2 and 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 MICHAEL MINNEHAN’S AERIAL PHOTOGRAPHY Seeks and 

the Reason MICHAEL MINNEHAN’S AERIAL PHOTOGRAPHY 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 2 and 

DJI Phantom 3 UAs during daylight hours in visual meteorological conditions (VMC), under 

visual flight rules (VFR), for a total duration of 14.5 minutes to the first point of intended 

landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes. 

MICHAEL MINNEHAN’S AERIAL PHOTOGRAPHY seeks the requested relief because 

without an exemption from Section 91.151(b), the flight time duration of the battery powered 

DJI Phantom 2 and DJI Phantom 3 UAs will severely constrain the practicality of any aerial 

video or still photo flight operations that MICHAEL MINNEHAN’S AERIAL PHOTOGRAPHY

proposes to conduct pursuant to this Petition.

Significantly, as set forth below, the technical specifications of the DJI Phantom 2 and DJI 

Phantom 3 UASs, the DJI Phantom 2 and DJI Phantom 3 operating documents, and 

MICHAEL MINNEHAN’S AERIAL PHOTOGRAPHY’s proposed operating limitations, ensure 

that MICHAEL MINNEHAN’S AERIAL PHOTOGRAPHY will safely operate the battery 

powered DJI Phantom 2 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 14.5 minutes to the first point of intended landing and, assuming 

normal cruising speed, to fly after that for at least 4.5 minutes.
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5. Extent Of Relief MICHAEL MINNEHAN’S AERIAL PHOTOGRAPHY Seeks And The 

Reason MICHAEL MINNEHAN’S AERIAL PHOTOGRAPHY 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, MICHAEL MINNEHAN’S AERIAL 

PHOTOGRAPHY requests relief from these Sections because the DJI Phantom 2 and DJI 

Phantom 3 UASs do not require airworthiness certificates. As set forth more fully below, the 

DJI Phantom 2 and DJI Phantom 3 UASs meet the conditions of FMRA Section 333 for 

operation without an airworthiness certificate. Accordingly, MICHAEL MINNEHAN’S AERIAL 

PHOTOGRAPHY will use trained technicians to perform maintenance, alterations, or 

preventive maintenance on the UASs using the methods, techniques, and practices 

prescribed in the UAS operating documents (i.e., the MICHAEL MINNEHAN’S AERIAL 

PHOTOGRAPHY Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 

and DJI Phantom 3 Instruction Manual). Furthermore, MICHAEL MINNEHAN’S AERIAL 

PHOTOGRAPHY will document and maintain all maintenance records for the DJI Phantom 2 

and DJI Phantom 3 UASs.

D. The Reasons Why Granting MICHAEL MINNEHAN’S AERIAL PHOTOGRAPHY

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 MICHAEL 

MINNEHAN’S AERIAL PHOTOGRAPHY to safely, efficiently, and economically perform 

aerial video and photography of real estate, people, and landscape over certain areas of the 

United States.

Additionally, use of the DJI Phantom 2 and DJI Phantom 3 UASs will decrease congestion of 

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

benefits of MICHAEL MINNEHAN’S AERIAL PHOTOGRAPHY’s proposed operation of the 

DJI Phantom 2 and DJI Phantom 3 UASs will be realized without implicating any privacy 

issues.

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

The DJI Phantom 2 and DJI Phantom 3 UAs are battery powered and serve as a safe, 

efficient, and economical alternative to the manned aircraft traditionally utilized to obtain 
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aerial imagery. By reducing the amount of manned aircraft needed to perform aerial 

acquisitions, an exemption allowing the use of a DJI Phantom 2 or 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 2 

and 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 2 

and DJI Phantom 3 UASs.

Conducting aerial acquisitions with the DJI Phantom 2 and DJI Phantom 3 UASs, 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 2 and DJI 

Phantom 3 UASs 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 2 and 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 2 and DJI Phantom 3 UASs 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 2 and DJI Phantom 3 UAs (weighing approximately 2 pounds 11 ounces and 6

pounds 7.5 ounces respectively, at their maximum gross weights with lengths of 16 inches 

and 17.3 inches respectively, widths of 16 inches and 17.7 inches 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 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 2 

and DJI Phantom 3 UASs Will Benefit The Economy.
15

In addition to being safe and efficient, the DJI Phantom 2 and DJI Phantom 3 UASs are also 

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

such, operation of the DJI Phantom 2 and DJI Phantom 3 UASs will allow United States 

based companies, like MICHAEL MINNEHAN’S AERIAL PHOTOGRAPHY, 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 2 and DJI Phantom 3 UASs 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 2 and DJI Phantom 3 UASs, companies such as MICHAEL 

MINNEHAN’S AERIAL PHOTOGRAPHY, 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 2 and DJI Phantom 3 UASs, 

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 many 

years, MICHAEL MINNEHAN’S AERIAL PHOTOGRAPHY’s proposed operation of the DJI 

Phantom 2 and DJI Phantom 3 UASs will not implicate any privacy issues. Specifically, the DJI 

Phantom 2 and DJI Phantom 3 UASs will be operated only in compliance with operating 

documents (i.e., the MICHAEL MINNEHAN’S AERIAL PHOTOGRAPHY Aerial Operations 

Manual, Monthly Maintenance Log, and DJI Phantom 2 and DJI Phantom 3 Instruction Manual) 

which requires property owner involvement and permission to videotape/photograph 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 MICHAEL MINNEHAN’S AERIAL PHOTOGRAPHY Seeks 

Exemption.

1. Reasons Why The DJI Phantom 2 and 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 
16

unmanned aircraft and its operation, MICHAEL MINNEHAN’S AERIAL PHOTOGRAPHY’s 

operation of the DJI Phantom 2 and DJI Phantom 3 UASs meet the conditions of FMRA 

Section 333, and will not require an airworthiness certificate in accordance with 14 C.F.R. 

Part 21, Subpart H.

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

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

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

333 states the following, in part:

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

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

Transportation shall determine if certain unmanned aircraft systems may operate 

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

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

section 334 of this Act.

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

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

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

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

populated areas, and operation within visual line of sight do not create a 

hazard to users of the national airspace system or the public or pose a 

threat to national security; and

(2) whether a certificate of waiver, certificate of authorization, or 

airworthiness certification under section 44704 of title 49, United States 

Code, is required for the operation of unmanned aircraft systems identified 

under paragraph (1).

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

section that certain unmanned aircraft systems may operate safely in the 

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, MICHAEL MINNEHAN’S AERIAL PHOTOGRAPHY submits that 

the DJI Phantom 2 and DJI Phantom 3 UASs can operate safely in the NAS pursuant to FMRA 

Section 333, as demonstrated by: (a) the characteristics of the DJI Phantom 2 and DJI Phantom 

3 UASs;
17

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

a. The Specifications Of The DJI Phantom 2 and DJI Phantom 3 UASs Demonstrate 

Its Safe Characteristics.

The DJI Phantom 2 and DJI Phantom 3 UASs do not create a hazard to users of the NAS or 

the public, or otherwise pose a threat to national security considering its size, weight, speed, 

and operational capability.

i. Technical Specifications Of The DJI Phantom 2 and DJI Phantom 3 UASs.

The technical specifications of the DJI Phantom 2 and DJI Phantom 3 UASs are set forth by 

the DJI Phantom 2 and DJI Phantom 3 User Manuals, attached hereto as Appendix A and 

B.

ii. The DJI Phantom 2 and DJI Phantom 3 UASs Autonomous Flight And Navigation 

Modes Enable The UASs To Remain Within A Defined Operational Area.

The DJI Phantom 2 and DJI Phantom 3 UASs may be operated in both manual and fully 

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

the DJI Phantom 2 and DJI Phantom 3 UASs is provided at pages 25-35 of the DJI 

Phantom 2 and pages 12-16 and 45-50 of the DJI Phantom 3 User Manuals, attached 

hereto as Appendix A and B.

iii. The DJI Phantom 2 and DJI Phantom 3 UASs 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 2 and DJI Phantom 3 UAs will remain 

stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 2 and DJI 

Phantom 3 UAs do not reacquire control link data from the GCS, the UAs will assume that 

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

GPS, and will descend to the takeoff position and shutdown.

A complete description of the Failsafe Functions of the DJI Phantom 2 UAS are set forth at 

pages 27 through 29 and for the DJI Phantom 3 at pages 13 through 15 of the DJI Phantom 2 

and DJI Phantom 3 User Manuals, attached hereto as Appendix A and B.

iv. The DJI Phantom 2 and DJI Phantom 3 GCS And Its Operation.
18

A complete description of the operation and specifications of the DJI Phantom 2 and DJI 

Phantom 3 GCS and flight control software is provided at pages 32 through 43 of the DJI 

Phantom 2 User Manual and pages 40 through 47 of the DJI Phantom 3 User Manual. DJI 

Phantom 2 and DJI Phantom 3 User Manuals are attached hereto as Appendix A and B.

b. Flight Operations Of DJI Phantom 2 and DJI Phantom 3 UASs Are Limited To The 

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

MICHAEL MINNEHAN will be the only person to act as a pilot in command (PIC) of the DJI 

Phantom 2 and DJI Phantom 3 UASs. Additionally, a safety observer will assist in flights.

c. Flights Of DJI Phantom 2 and DJI Phantom 3 UASs Will Be Conducted 

Pursuant To Specific Operating Limitations.

In seeking this exemption, MICHAEL MINNEHAN’S AERIAL PHOTOGRAPHY proposes 

to commercially operate DJI Phantom 2 and DJI Phantom 3 UASs for the special purpose 

of conducting aerial video and photography over certain areas of United States, pursuant 

to the following specific operating limitations:

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

aircraft described in the operating documents, rotorcraft UASs weighing less than 

55 pounds maximum gross weight: DJI Phantom 2 and 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 500 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 
19

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.
20

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.

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 UASs 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 
21

current third- class 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 experiencebuilding 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.
22

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 (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 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.
23

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;

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.
24

2. Reasons Why An Exemption From The Requirements Of Section 

61.113(a) And (b) Would Not Adversely Affect Safety.

MICHAEL MINNEHAN’S AERIAL PHOTOGRAPHY 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 2 and DJI Phantom 3 UASs unless that PIC has 

demonstrated, by meeting minimum flight-hour and currency requirements, that the PIC is 

able to safely operate the DJI Phantom 2 or 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 MICHAEL MINNEHAN’S AERIAL PHOTOGRAPHY’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 2 or DJI Phantom 3 UAS, MICHAEL MINNEHAN’S AERIAL PHOTOGRAPHY

submits that the additional manned airmanship experience of a commercially certificated 

pilot would not correlate to the airmanship skills necessary for MICHAEL MINNEHAN’S 

AERIAL PHOTOGRAPHY’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).

MICHAEL MINNEHAN’S AERIAL PHOTOGRAPHY will not allow any PIC to operate the DJI 

Phantom 2 or DJI Phantom 3 UAS unless that PIC has demonstrated, by meeting minimum 

flight-hour requirements or the DJI Phantom 2 or DJI Phantom 3 UAS training and currency 

requirements, that the PIC is able to safely operate the DJI Phantom 2 or 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 
25

safety during MICHAEL MINNEHAN’S AERIAL PHOTOGRAPHY’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, MICHAEL MINNEHAN’S AERIAL PHOTOGRAPHY will ensure safe operations 

by not allowing any PIC to operate the DJI Phantom 2 or 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 2 or 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.

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

to every flight, MICHAEL MINNEHAN’S AERIAL PHOTOGRAPHY will ensure that the DJI 

Phantom 2 or DJI Phantom 3 UAS is in an airworthy condition based upon the UAS’s 
26

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 2 and 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 MICHAEL MINNEHAN’S AERIAL PHOTOGRAPHY’s operation 

of the DJI Phantom 2 and 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 UASs at ground level.

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

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

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

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

5. Reasons Why An Exemption From The Requirements Of Section 

91.151(b) Would Not Adversely Affect Safety.

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 2 

and DJI Phantom 3 UASs; (2) the limitations on the proposed flight operations; and (3) the 

location of the proposed flight operations. Accordingly, MICHAEL MINNEHAN’S AERIAL 

PHOTOGRAPHY will ensure that it will safely operate the battery powered DJI Phantom 2 

and DJI Phantom 3 UAs during daylight hours in VFR conditions, with enough battery power 

to fly for a total duration of 14.5 minutes to the first point of intended landing and, assuming 

normal cruising speed, to fly after that for at least 4.5 minutes.
27

Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom 2 and DJI 

Phantom 3 UASs; 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 2 and DJI 

Phantom 3 UASs provide audible and visual warnings to the PIC at the GCS when the UAs 

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

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

battery level, the DJI Phantom Vision+ and DJI Phantom 3 UASs 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, MICHAEL MINNEHAN’S AERIAL PHOTOGRAPHY 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 MICHAEL MINNEHAN’S AERIAL PHOTOGRAPHY

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

on the UASs using the methods, techniques, and practices prescribed in the operating 

documents (i.e., the MICHAEL MINNEHAN’S AERIAL PHOTOGRAPHY Aerial Operations 

Manual, Monthly Maintenance Log, and DJI Phantom 2 and DJI Phantom 3 Instruction 

Manual). Furthermore, MICHAEL MINNEHAN’S AERIAL PHOTOGRAPHY will document 

and maintain all maintenance records for the DJI Phantom 2 and DJI Phantom 3 UASs.

Since the DJI Phantom 2 and DJI Phantom 3 UASs will be inspected as prescribed by the 

operating documents, MICHAEL MINNEHAN’S AERIAL PHOTOGRAPHY 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 2 and DJI Phantom 3 User Manuals are attached hereto as 

Appendix A and B; a copy of the DJI Phantom 2 and DJI Phantom 3 UAS Maintenance LOG 

is attached hereto as Appendix C.

Likewise, the exemption sought will not adversely affect safety because MICHAEL 
28

MINNEHAN’S AERIAL PHOTOGRAPHY 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 

2 and DJI Phantom 3 UASs 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 MICHAEL MINNEHAN’S AERIAL PHOTOGRAPHY’s proposed operating 

limitations, the operating documents, and the technical aspects of the DJI Phantom 2 and DJI 

Phantom 3 UASs, MICHAEL MINNEHAN’S AERIAL PHOTOGRAPHY 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, MICHAEL MINNEHAN’S AERIAL 

PHOTOGRAPHY requests that the FAA prescribe special conditions for the intended 

operation of the DJI Phantom 2 and DJI Phantom 3 UASs, 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 2 and DJI Phantom 3 UASs, since the 

airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate 
29

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 2 

and DJI Phantom 3 UASs, which contain such safety standards that the Administrator finds 

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

Part 21, Subpart H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 

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

• A Summary That Can Be Published In The Federal Register, stating: The Rules 

From Which MICHAEL MINNEHAN’S AERIAL PHOTOGRAPHY Seeks Exemption:

MICHAEL MINNEHAN’S AERIAL PHOTOGRAPHY 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 MICHAEL 

MINNEHAN’S AERIAL PHOTOGRAPHY Seeks:

This exemption will permit MICHAEL MINNEHAN’S AERIAL PHOTOGRAPHY to 

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

conducting aerial video and photography over certain areas of the United States.
30

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

MINNEHAN’S AERIAL PHOTOGRAPHY’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, MICHAEL MINNEHAN’S AERIAL 

PHOTOGRAPHY’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, MICHAEL MINNEHAN’S AERIAL PHOTOGRAPHY will 

operate the DJI Phantom 2 and DJI Phantom 3 UASs 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, MICHAEL MINNEHAN’S AERIAL PHOTOGRAPHY 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 2 and DJI Phantom 3 

UASs 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 MICHAEL MINNEHAN’S AERIAL PHOTOGRAPHY to safely, efficiently, and 

economically operate the DJI Phantom 2 and DJI Phantom 3 UASs commercially within the 

NAS.

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

Modernization and Reform Act of 2012, Section 333, MICHAEL MINNEHAN’S AERIAL 

PHOTOGRAPHY 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 2 and DJI Phantom 3 UASs commercially for the 

purpose of conducting aerial video and photography over certain areas of the United States.

Respectfully submitted on June 14, 2015

Michael Minnehan DBA Michael 

Minnehan’s Aeriel Photography
31

227 Aspen Grove Way

Severance, CO 80550

402-613-7711

michaelminnehan@gmail.com
32

Appendices:

A – DJI Phantom 2 Manual:

B – DJI Phantom 3 Specifications Data Sheet

C – Monthly Maintenance Log

D- DJI Phantom Users Guide

APPENDIX – A

DJI PHANTOM 2 VISION+ TECHNICAL SPECIFICATIONS

MICHAEL MINNEHAN’S AERIAL PHOTOGRAPHY only utilizes safe and reliable 

UASs. DJI is an industry leader in small UAS production. DJI UASs are loaded with 

ground breaking software enabling the user to set parameters which will not allow 

flight into controlled airspace. Parameters can also be set to limit flight to no higher 

than a predetermined and set altitude as well as limit flight to a predetermined and set 

distance. In addition, DJI software provides real-time altitude and location information 

to the PIC via the linked monitor (smart phone/tablet devices)

1.1 DJI Phantom 2 Vision+

1.1.1 Aircraft

1.1.1.1 Supported Battery – DJI 5200mAH LiPo Battery

1.1.1.2 Weight (Battery & Propellers Included) – 2lbs 11.810oz (1242g)

1.1.1.3 Hover Accuracy (Ready to Fly) – Vertical: .8m; Horizontal: 2.5m

1.1.1.4 Max Yaw Angular Velocity - 2000/s

1.1.1.5 Max Tilt Angel - 350

1.1.1.6 Max Ascent Speed – 6m/s

1.1.1.7 Max Descent Speed – 2m/s

1.1.1.8 Max Flight Speed – 15m/s (NOT RECOMMENDED)

1.1.2 Gimbal

1.1.2.1 Working Current – Static: 750mA; Dynamic: 900mA

1.1.2.2 Control Accuracy - ±0.030

1.1.2.3 Controllable Range – Pitch: -900 - 00
33

1.1.2.4 Maximum Angular Speed – Pitch: 900/s

1.1.3 Camera

1.1.3.1 Operating Temperature Range - 320F - 1040F (00C - 400C)

1.1.3.2 Sensor Size – 1/2.3”

1.1.3.3 Effective Pixels – 14M

1.1.3.4 Resolution – 4384x3288

4.1.3.5 HD Video Recording – 1080p30 & 720p

4.1.3.6 Recording Field of View - 1100/850

1.1.4 Transmitter

1.1.4.1 Operating Frequency – 5.728GHz – 5.85GHz

1.1.4.2 Communication Distance (unobstructed) – FCC Compliance: 800m

1.1.4.3 Receiver Sensitivity (1%PER) - -93dBm

1.1.4.4 Transmitter Power – FCC Compliance: 100mW

1.1.4.5 Working Voltage – 120mA@3.7V

1.1.5 Range Extender

1.1.5.1 Operating Frequency – 2412-2462MHz

1.1.5.2 Communication Distance (unobstructed) – 500-700m

1.1.5.3 Transmitter Power – 20dBm

1.1.5.4 Power Consumption – 2W

APPENDIX – B

DJI Phantom 3 TECHNICAL SPECIFICATIONS

MICHAEL MINNEHAN’S AERIAL PHOTOGRAPHY only utilizes safe and reliable 

UASs. DJI is an industry leader in small UAS production. DJI UASs are loaded with 

ground breaking software enabling the user to set parameters which will not allow 

flight into controlled airspace. Parameters can also be set to limit flight to no higher 

than a predetermined and set altitude as well as limit flight to a predetermined and set 

distance. In addition, DJI software provides real-time altitude and location information 

to the PIC via the linked monitor (smart phone/tablet devices)

2.2 DJI Inspire 1

2.2.1 Aircraft
34

2.2.1.1 Model – Phantom 3

2.2.1.2 Weight (Battery Included) – 1280 grams

2.2.1.3 Hovering Accuracy (GPS Mode) – Vertical: +/- 10cm; Horizontal:

+/-1m

2.2.1.4 Max Angular Velocity –Yaw: 2000/s

2.2.1.5 Max Tilt Angle - 350

2.2.1.6 Max Ascent Speed – 5m/s

2.2.1.7 Max Descent Speed – 3m/s

2.2.1.8 Max Speed – 16m/s (ATTI mode, no wind – NOT 

RECOMMENDED)

2.2.1.9 Max Flight Altitude – 6000m

2.2.1.10 Max Flight Time – Approximately 23 minutes

2.2.1.12 Motor Model – DJI 3510

2.2.1.13 Propeller Model – DJI 1345

2.2.1.14 Operating Temperature Range – 140F to 1040F (-100C to 400C)

2.2.1.15 Dimensions – 17 1⁄4” x 17 3⁄4” x 12”

2.2.2 Gimbal

2.2.2.1 Model – ZENMUSE X3

2.2.2.2 Output Power (with camera) – Static: 9W; In Motion: 11W

2.2.2.3 Operating Current – Static: 750mA; In Motion: 900mA

2.2.2.4 Angular Vibration Range - ±0.030

2.2.2.5 Mounting – Detachable

2.2.2.6 Controllable Range – Pitch: -900 to +300; Pan: ±3200

2.2.2.7 Mechanical Range – Pitch: -1250 to 450; Pan: ±3300

2.2.2.8 Max Controllable Speed – Pitch: 1200/s; Pan: 1800/s

2.2.3 Camera

2.2.3.1 Name – Sony EXMOR

2.2.3.2 Model – 12.4M Pixel

2.2.3.3 Total Pixels – 12.4M

2.2.3.4 Effective Pixels – 12.76M

2.2.3.5 Image Max Size – 4000x3000

2.2.3.6 ISO Range – 100-3200

2.2.3.7 Field of View - 940

2.2.3.8 CMOS – Sony EXMOR 1/2.3”

2.2.3.9 HD Video Recording – UHD(4K): 4096x2160p24/25, 
35

3840x2160p24/25/30; FHD: 1920x1080p24/25/30/48/50/60; HD: 

1280x720p24/25/30/48/50/60

2.2.3.10 Operating Temperature Range - 320F - 1040F (00C - 400C)

2.2.4 Transmitter

2.2.4.1 Name – C1

2.2.4.2 Operating Frequency – 5.728-5.850GHz; 2.400-2.483GHz

2.2.4.3 Communicating Distance (unobstructed) – 2000m

2.2.4.4 Output Power – 9W

2.2.4.5 Operating Temperature Range - 140F to 1040F (-100C to 400C)

2.2.4.6 Battery – 600mAh LiPo 2S