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U.S. Department of Transportation

Docket Management System Donald Douglas Murphy

1200 New Jersey Avenue, SE 1073 CR 3585

Washington, D.C. 20590 Paradise, Texas 76073

BASIS FOR PETITION

Petitioner, DDM , 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 Professional, in the 

National Airspace System (NAS), and for an exemption from the requirements of :

14 C.F.R §§ 61.113(a) & (b)

14 CFR 45.23(b)

91.7(a), 

91.121,

91.151(b), 

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91

Name And Address Of The Petitioner

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

Donald D. Murphy

1073 CR 3585

Paradise, Texas 76073

Cell: 817-583-4188

Email: murph@srmsusa.com

PREFACE:

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory 

authority by its terms includes exempting civil aircraft, as the term is defined under §40101 of the Act, that 

includes UAS, from the requirement that all civil aircraft must have a current airworthiness certificate.
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The Administrator may grant an exemption from a requirement of a regulation prescribed under 

subsection (a) or (b) of this section or any sections 44702 - 44716 of this title if the Administrator finds the 

exemption in the public interest. 49 U.S.C. §44701(f) See also 49 USC §44711(a); 49 USC §44704; 14 CFR §91.203 

(a) (1). DDM proposes to use one UAS; 1) DJI Phantom 3 Professional for commercial photography, videography, 

inspections or surveying. This aircraft has four rotors and four motors in a quad copter configuration (X4). It is 

only capable of vertical takeoff and landing. This UAS weighs less than 55 lbs. including payload. Can fly, under 

normal conditions at a speed of no more than 30 knots and has the capability to hover, and move in the vertical 

and horizontal plane simultaneously. This UAS is equipped with GPS and auto-return function to the 

predetermined safe landing area as well as allowing reading of magnetic interference that can cause loss off GPS 

signal. The UAS will operate only in line of sight and will operate only within a sterile closed-set area of a 

residential or commercial listing, open desolate areas near rural farms or a closed-set special event. Such 

operations will insure that the UAS will “not create a hazard to users of the national airspace system or the 

public.” (Reform Act Section 333 (b)).

This exemption application is expressly submitted to fulfill Congress’ goal in passing Section 333(a) 

through (c) of the Reform Act. This law directs the Secretary of Transportation to consider whether certain 

unmanned aircraft systems may operate safely in the national airspace system (NAS) before completion of the 

rule making required under Section 333 of the Reform Act. In making this determination, the Secretary is 

required to determine which types of UASs do not create a hazard to users of the NAS or the public or pose a 

threat to national security in light of the following:

• The UAS’s size, weight, speed and operational capability;

• Operation of the UAS in close proximity to airports and populated areas; and

• Operation of the UAS within visual line of sight of the operator.

Reform Act § 333 (a). Secretary determines that such vehicles “may operate safely in the national airspace 

system, the Secretary shall establish requirements for the safe operation of such aircraft in the national airspace 

system.” Id. §333(c).

 The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authority 

by its terms includes exempting civil aircraft, as the term is defined under §40101 of the Act, that includes UAS, 

from the requirement that all civil aircraft must have a current airworthiness certificate.

The Administrator may grant an exemption from a requirement of a regulation prescribed under 

subsection (a) or (b) of this section or any sections 44702 - 44716 of this title if the Administrator finds the 

exemption in the public interest. 49 U.S.C. §44701(f) See also 49 USC §44711(a); 49 USC §44704; 14 CFR §91.203 

(a) (1).

RELIEF OVERVIEW

 Given the small size of the UAS involved and the restricted sterile environment within which they will operate, 

the applicant falls squarely within that zone of safety (an equivalent level of safety) in which Congress envisioned 

that the FAA must, by exemption, allow commercial operations of UASs to commence immediately. Also due to the 

size of the UASs and the restricted areas in which the relevant UAS will operate, approval of the application 

presents no national security issue. 
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Given the clear direction in Section 333 of the Reform Act, the authority contained in the Federal Aviation 

Act, as amended; the strong equivalent level of safety surrounding the proposed operations, and the significant 

public benefit, including enhanced safety, reduction in environmental impacts, including reduced emissions 

associated with allowing UASs for aerial inspections, surveying and photography and videography, the grant of 

the requested exemptions is in the public interest. Accordingly, the applicant respectfully requests that the FAA 

grant the requested exemption without delay.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

DDM proposes that the exemption requested herein apply to civil aircraft that have the characteristics and 

that operate with the limitations listed herein. These limitations provide for at least an equivalent or even higher 

level of safety to operations under the current regulatory structure because the proposed operations represent a 

safety enhancement to the already safe aerial inspections, surveying and photography and videography 

operations conducted with conventional aircraft.

These limitations and conditions to which DDM agrees to be bound when conducting commercial 

operations under an FAA issued exemption include:

1. The UAS will weigh less than 55 lbs.

2. Flights will be operated within line of sight of a pilot and/or observer.

3. Maximum total flight time for each operational flight will be 30 minutes or less.

Flights will be terminated at 25% battery power reserve should that occur prior to the 30 minute limit.

4. Flights will be operated at an altitude of no more than 400 feet AGL or, not more than 200 feet above an 

elevated platform for which filming is planned.

5. Minimum crew for each operation will consist of the UAS Pilot, the Visual Observer, and or Camera Operator.

6. Additional camera will be filming UAS in flight at applicable times

7. The UAS will only operate within a confined sterile closed-set area with a set safety perimeter, the boundaries 

of which will be determined by the UAS PIC based on the site-specific activities and speed of the UAS required for 

the operation, and coordinated with the jurisdictional FAA FSDO and local government officials as applicable.

8. A briefing will be conducted in regards to the planned UAS operations prior to each day’s production activities. 

It will be mandatory that all personnel who will be performing duties within the boundaries of the safety 

perimeter be present for this briefing.

9. The UAS Pilot and/or Aerial Coordinator will ensure this safety perimeter that only consenting personnel will 

be allowed within 100 feet of the UAS operation by not permitting anyone who had not been briefed or whom is 

not involved in production to be in the closed-set area, and 500 ft away from people not directly involved in 

operations.

10. Observer and PIC will at all times be able to communicate by voice and/or two way radio communication 

system.

11. Written and/or oral permission from the relevant property holders will be obtained.

12. If applicable, all required permissions and permits will be obtained from territorial, state, county or city 

jurisdictions, including local law enforcements, fire, or other appropriate governmental agencies.
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13. If the UAS loses communications or loses its GPS signal, the UAS will have the capability to return to a predetermined location within the Security Perimeter and land safely.

14. The UAS will have the capability to abort flight in case of unpredicted obstacles or emergencies.

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1)

 Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of 

airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area associated 

with the aircraft to be utilized by the Applicant, an exemption from Part 21 Subpart H meets the requirements of 

an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 

U.S.C.§44701 (f)) and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the 

requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability, 

and proximity to airports and populated areas of the particular UAS. In all cases, an analysis of these criteria 

demonstrates that the UAS operated without an airworthiness certificate, in the restricted environment and 

under the conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or 

rotorcraft) operating with an airworthiness certificate without the restrictions and conditions proposed.

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

aircraft and its operation, DDM’S operation of DJI Phantom 3 Professional, UAS meets the conditions of FMRA 

Section 333 and therefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, 

Subpart H.

Accordingly, DDM 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. DDM submits that the requested relief is proper since an equivalent level of safety will 

be ensured. DDM will use experienced personnel or technicians as needed to perform maintenance, alterations, or 

preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the operating 

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

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

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

limitations: Pilot in command, is requested by DDM to the extent necessary to allow a Pilot in Command (PIC) 

meet or exceed the described requirements of operations set by manufacturer, and who has demonstrated, that 

the PIC is able to safely operate the DJI Phantom 3 Professional UAS in a manner consistent with this exemption, 

including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, 

vehicles and structures. 

DDM seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, because the DJI Phantom 3 

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

such, DDM submits that he will ensure that the DJI Phantom 3 Professional UAS is in an airworthy condition, prior 

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

safe flight. 

DDM also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings, as the 

DJI Phantom 3 Professional will not have a typical barometric altimeter onboard. However, altitude information of 

the DJI Phantom 3 Professional will be provided to the PIC via Global Positioning System (GPS) equipment and 

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

flight path. This altitude information, combined with DDM’S operation of the DJI Phantom 3 Professional UAS 

within visual line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121. 

Additionally, DDM seeks an exemption from the requirements of Section 91.151(b), entitled Fuel 

requirements for flight in VFR conditions. DDM submits that safety will not be affected by operation of the DJI 

Phantom 3 Professional 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 20 minutes to the first point of 

intended landing and, assuming normal cruising speed, to fly after that for at least 5 minutes. 

EXTENT AND REASONING WHY DDM SEEKS RELIEF FROM THE LISTED SECTIONS ABOVE: 

1. Section 61.113(a) & 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 meet all requirements as described in the DJI Phantom 3 

Professional owner’s manual to conduct the proposed UAS flight operations for compensation or hire. 

This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a private pilot 

may, for compensation or hire, act as PIC of an aircraft in connection with any business or employment if: (1) The 

flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or 

property for compensation or hire. 

As set forth more fully below, DDM submits that an equivalent level of safety will be maintained because 

no PIC will be allowed to operate the DJI Phantom 3 Professional UAS unless that PIC has demonstrated that the 

PIC is able to safely operate either the DJI Phantom 3 Professional 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, DDM submits that all flights of the DJI Phantom 3 Professional UAS, conducted by the PIC pursuant 

to the grant of this Petition: (1) will be incidental to DDM’S business; and (2) will not carry passengers or 

property for compensation or hire. 

2. 91.7(a). 

Relief from Section 91.7(a) entitled Civil aircraft airworthiness, is requested to the extent required to allow 

DDM to determine that the DJI Phantom 3 Professional UAS are in airworthy condition prior to every flight by 

ensuring that the UAS is in compliance with the operating documents (i.e., the DDM Operations Manual, Monthly 

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

DDM seeks the requested relief because DJI Phantom 3 Professional UAS does not require an airworthiness 

certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, DDM will ensure that the DJI Phantom 3 

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

Monthly Maintenance Log, and DJI Phantom 3 Professional 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.
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3. 91.121. 

Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight operations of the DJI 

Phantom 3 Professional UAS, which utilize a barometric pressure sensor, GPS equipment, and a radio 

communications telemetry data link to downlink altitude information from the UA to the PIC at the ground 

control station (GCS). Since the FAA requires that any altitude information concerning UAS operations be 

reported to air traffic control (ATC) in feet above ground level (AGL), DDM seeks the requested relief because the 

DJI Phantom 3 Professional UA 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 Professional UA 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. 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 Professional UA during daylight hours in 

visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 20 minutes to the 

first point of intended landing and, assuming normal cruising speed, to fly after that for at least 5 minutes. DDM

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

battery powered DJI Phantom 3 Professional UA will severely constrain the practicality of any aerial video or still 

photo flight operations that DDM proposes to conduct pursuant to this Petition. 

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

Phantom 3 Professional operating documents, and DDM’S proposed operating limitations, ensure that DDM will 

safely operate the battery powered DJI Phantom 3 Professional UA during daylight hours in visual meteorological 

conditions (VMC), under visual flight rules (VFR), with enough battery power to fly for a total duration of 20

minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 

minutes.

14 CFR 45.23(b)

Marking of the Aircraft;

Applicable codes of Federal Regulation require aircraft to be marked according to certain specifications. 

UAV Field Services UASs are, by definition, unmanned. They therefore do not have a cabin, cockpit or pilot 

station on which to mark certain words or phrases. Further, two inch lettering is difficult to place on such 

small aircraft. Regardless, UAV Field Services will mark its UAS in the largest possible lettering by placing the 

"N "number on its fuselage as required by 14 CFR 45.29 (f) so that the pilot, technician, spotter and others 

working with the UAV will see the markings. The FAA has previously issued exemptions to this regulation 

through- Exemption No 10167 and 10700

5. 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, DDM requests relief from these Sections because the DJI Phantom 3 Professional
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UAS do not require airworthiness certificates. As set forth more fully below, the DJI Phantom 3 Professional UAS 

meet the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingly DDM

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 DDM aerial 

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

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

The Reasons for granting my request are entirely beneficial to the public and community as a whole. 

Granting the present Petition will further the public interest by allowing DDM to safely, efficiently, and 

economically perform aerial video and photography of construction sites, real estate, survey and inspect over 

certain areas of the United States. To assist other businesses in helping them grow from my services or rather, to 

fulfill their needs, whatever it may be. 

This exemption application is expressly submitted to fulfill Congress’ goal in passing Section 333(a) 

through (c) of the Reform Act. This law directs the Secretary of Transportation to consider whether certain 

unmanned aircraft systems may operate safely in the national airspace system (NAS) before completion of the 

rule making required under Section 332 of the Reform Act. In making this determination, the Secretary is 

required to determine which types of UAS do not create a hazard to users of the NAS or the public or pose a threat 

to national security in light of the following:

• The UAS’s size, weight, speed and operational capability;

• Operation of the UAS in close proximity to airports and populated areas; and

• Operation of the UAS within visual line of sight of the operator.

Reform Act § 333 (a). Lastly, id. the Secretary determines that such vehicles “may operate safely in the national 

airspace system, the Secretary shall establish requirements for the safe operation of such aircraft in the national 

airspace system.” Id. §333(c).

 

 Given the small size of the UAS involved and the restricted sterile environment within which they will operate, 

the applicant falls squarely within that zone of safety (an equivalent level of safety) in which Congress envisioned 

that the FAA must, by exemption, allow commercial operations of UASs to commence immediately. Also due to the 

size of the UASs and the restricted areas in which the relevant UAS will operate, approval of the application 

presents no national security issue. Given the clear direction in Section 333 of the Reform Act, the authority 

contained in the Federal Aviation Act, as amended; the strong equivalent level of safety surrounding the proposed 

operations, and the significant public benefit, including enhanced safety, reduction in environmental impacts, 

including reduced emissions associated with allowing UASs for movie and television operations, the grant of the 

requested exemptions is in the public interest. Accordingly, the applicant respectfully requests that the FAA grant 

the requested exemption without delay.

REASONS BENEFICIAL TO THE PUBLIC/COMMUNITY

1. The Public Will Benefit From Decreased Congestion Of The NAS. 
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The DJI Phantom 3 Professional UAS are battery powered and serve 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 a DJI Phantom 3 

Professional 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 Professional UAS do not require an 

airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial video and photography 

missions would result in fewer aircraft that must be handled by air traffic control during the ground, takeoff, 

departure, arrival, and landing phases of flight operations.

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

Conducting aerial acquisitions with the DJI Phantom 3 Professional 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 Professional 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 

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

UAs are propelled by battery powered electric motors, rather than an internal combustion engine. 

By using the DJI Phantom 3 Professional 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 Professional UA (weighing approximately 2 pounds 11 ounces, at 

their maximum gross weights with length of 16 inches, widths of 16 inches, and with no fuel on board), has less 

physical potential for collateral damage to life and property on the ground, and in the air, compared to the 

manned aircraft that typically conduct similar operations (weighing approximately 6,000 pounds with a wingspan 

of approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons). 

3. Performing Aerial Video and Photography, Surveys and Inspections, Operations with the DJI 

Phantom 3 Professional UAS Will Benefit The Economy. 

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

alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the DJI Phantom 3 

Professional UAS will allow United States based companies, like DDM, 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 Professional 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 Professional UAS, companies such as DDM, 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 Professional UAS, provides a stable workforce that increases consumer spending; 
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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, DDM’S proposed 

operation of the DJI Phantom 3 Professional UAS will not implicate any privacy issues. Specifically, the DJI 

Phantom 3 Professional UAS will be operated only in compliance with operating documents (i.e., the DDM Aerial 

Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Professional Instruction Manual) which 

requires property owner involvement as well as local law enforcement notification, and in accordance with the 

Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119. 

E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or How The Exemption 

Would Provide A Level Of Safety At Least Equal To That Provided By The Rule From Which DDM Seeks 

Exemption. 

1. Reasons why the DJI Phantom 3 Professional UA 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, DDM’S operation of the DJI Phantom 3 Professional 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. 

In seeking this exemption, DDM submits that the DJI Phantom 3 Professional UAS can operate safely in the 

NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the DJI Phantom 3 Professional

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

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

Characteristics.

The DJI Phantom 3 Professional UAS 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 3 Professional UAS. 

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

Professional Specifications and Data Sheet.

ii. The DJI Phantom 3 Professional UAS Autonomous Flight And Navigation Modes Enable The 

UAS To Remain Within A Defined Operational Area. 

The DJI Phantom 3 Professional UAS may be operated in both manual and fully autonomous flight modes. A 

complete description of the flight and navigational modes of the DJI Phantom 3 Professional UAS User Manuals.

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

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

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

seconds or more. If, after 3 seconds, the DJI Phantom 3 Professional UA 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 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 Professional UA are set forth in the 

DJI Phantom 3 Professional User Manual, attached.

iv. The DJI Phantom 3 Professional GCS And Its Operation. 
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A complete description of the operation and specifications of the DJI Phantom 3 Professional GCS and flight 

control software is provided in the DJI Phantom 3 Professional User Manual. 

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

Certificated Pilot in Command With A Safety Observer. 

DDM will only utilize certificated pilots who possess a current and valid airman medical certificate to act as 

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

pilots during flight time. 

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

Limitations. 

In seeking this exemption, DDM proposes to commercially operate DJI Phantom 3 Professional UAS for the 

special purpose of conducting aerial video and photography over certain areas of United States, pursuant to the 

following specific operating limitations:

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

the operating documents, rotorcraft UAS weighing less than 55 pounds maximum gross weight: DJI 

Phantom 3 Professional 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.

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

made available to the Administrator upon request. If a discrepancy exists between the conditions and 

limitations contained in the grant of exemption and the procedures outlined in the operating 

documents, the conditions and limitations contained in the grant of exemption take precedence and 

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

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

responsibility to track such revisions and present updated and revised documents to the Administrator 

upon request. The operator must also present updated and revised documents if it petitions for 

extension or amendment to the grant of exemption. If the operator determines that any update or 

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

petition for amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS-80) may be 

contacted if questions arise regarding updates or revisions to the operating documents. 

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

inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from 

operating until the necessary maintenance has been performed and the UAS is found to be in a 

condition for safe flight. The Ground Control Station must be included in the preflight inspection. All 

maintenance and alterations must be properly documented in the aircraft records.

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

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

PIC who conducts the functional test flight must make an entry in the aircraft records. 

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

items, or equipment, not already covered in the relevant sections of the operating documents. 

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

replacement, inspection, and life limit requirements. 

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 meet or exceed all requirements as set forth by manufacturer in order to justifiably 

operate the DJI Phantom 3 Professional or hold an equivalent pilot license approved by the FAA. 

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

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

operations may only be conducted during dedicated training sessions. During training, proficiency, and 

experience-building flights, all persons not essential for flight operations are considered 

nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in 

accordance with 14 C.F.R. § 91.119. 

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

conducted under visual meteorological conditions (VMC). If flight at night is required, a special request 

will be made at the FAA office closest to proposed area of operations. Flights under special visual flight 

rules (SVFR) are not authorized. 

20. The UA may not operate within 5 nautical miles of an airport reference point as denoted on a current 

FAA-published aeronautical chart unless a letter of agreement with that airport’s management is 

obtained, and the operation is conducted in accordance with a NOTAM as required by the operator’s 

COA. The letter of agreement with the airport management must be made available to the 

Administrator upon request. 

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

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

22. If the UA loses communications or loses its GPS signal, it must return to a pre- determined location 

within the planned operating area and land or be recovered in accordance with the operating 

documents. 

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

Ground Control Station of the UAS any time the UAS is operating. These documents must be made 

available to the Administrator or any law enforcement official upon request. 

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

all times. 

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

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

than the PIC, SO, operator trainees or essential persons), vessels, vehicles, and structures unless: 

a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA 

and/or debris in the event of an accident. The operator must ensure that nonparticipating 

persons remain under such protection. If a situation arises where nonparticipating persons leave 

such protection and are within 500 feet of the UA, flight operations must cease immediately 

and/or; 

b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such 

vessels, vehicles or structures has granted permission and the PIC has made a safety assessment 

of the risk of operating closer to those objects and determined that it does not present an undue 

hazard, and; 

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

DDM AFFIRMS ALL INFORMATION LISTED ABOVE TO BE TRUE AND BINDING UPON FAA’S FINDINGS OF 

EXEMPTION REGARDING COMMERCIAL OPPERATIONS OF LISTED UAS, UNTIL FURTHER NOTICE OF LAWS OR 

REGULATIONS DECIDED BY THE GOVERNEMENT/FAA. 

THANK YOU FOR YOUR CONSIDERATION.
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Doanld D. Mur