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U. S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE

West Building Ground Floor, Room W12-140

Washington, DC 20590 

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 

14 C.F.R. Part 11, PCS Production Company, LLP, hereby applies for an exemption from the listed Federal 

Aviation Regulations to allow commercial operation of small Unmanned Aerial Systems (sUAS).

TABLE OF CONTENTS 

I. SUMMARY .............................................................................................................................2

II. CONTACT INFORMATION ............................................................................................................3 

III. PCS PRODUCTION COMPANY’S OPERATIONS.........................................................................3

IV. DJI PHANTOM 3 FLIGHT PROCEDURES....................................................................................5

V. PRIVACY...........................................................................................................................................6

VI. AIRCRAFT SAFETY....................................................................................................................6

VII. PUBLIC SAFETY..............................................................................................................................7

VIII. REGULATION EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY...........................7

IX. CONCLUSION.........................................................................................................................17
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I. Summary

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 small unmanned aerial systems (sUAS), 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 

U.S.C. § 44711(b).

To operate sUAS commercially while still promoting air safety and the efficient use of the 

navigable airspace, PCS Production Company, LLP (PCS) seeks an exemption from the 

following sections in Title 14 of the Code of Federal Regulations: 

 14 C.F.R 21(H)

 14 C.F.R. 43.7

 14 C.F.R. 43.11(b)

 14 C.F.R. 45.11

 14 C.F.R. 45.27

 14 C.F.R. 45.29

 14 C.F.R. 61.101(e)(4)

 14 C.F.R. 61.113(a)

 14 C.F.R. 91.9(b)(2)

 14 C.F.R. 91.9(c)

 14 C.F.R. 91.103(b)(2)

 14 C.F.R. 91.105

 14 C.F.R. 91.113(b)

 14 C.F.R. 91.119(b) and (c)

 14 C.F.R. 91.121(a)(1)

 14 C.F.R. 91.151(b)

 14 C.F.R. 91.203(a) and (b)

 14 C.F.R. 91.215

 14 C.F.R. 91.403

 14 C.F.R. 91.405(a) and (d)

 14 C.F.R. 91.407

 14 C.F.R. 91.409

 14 C.F.R. 91.417

Approval of exemptions for PCS will allow commercial operations of sUAS for the purpose of 

conducting photography and videography in safe rural and suburban areas. The pilot in 

command (PIC) will have obtained the required sport and/or private airworthiness 

certificate. The requested exemption should be granted because operation of the proposed 

sUAS conducted in the strict conditions outlined below, will provide an equivalent level of 

safety, while still allowing commercial operations. The general benefit to the public would 

be the ability to partner with a reputable production company who has passed all the steps 
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required to safely and commercially shoot aerial footage with a sUAS. The lightweight 

aircrafts, the DJI Phantom 3 Advanced and DJI Phantom 3 Professional, covered by the 

exemption are far safer than conventional operations conducted with helicopters and fixedwing aircraft weighing several thousand pounds containing pilot and crew operating in close 

proximity to the ground and people below. The FAA is required to determine which types of 

sUAS 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 UA’s size, weight, speed, and operational capability

 Operation of the UA in close proximity to airports and populated areas

 Operation of the UA within visual line of sight of the operator (VLOS). 

In comparison, the sUAS are small, and will operate at slow speeds, close to the ground, far 

from airports and in a low risk, low population environment.

PCS submits that the requested relief is appropriate since an equivalent level of safety will 

be ensured. All maintenance, alterations, and preventive maintenance of the DJI Phantom 3 

systems performed by PCS will be in accordance with the methods, techniques, and 

practices prescribed in the manufacturer’s operating documents. Furthermore, only the 

Original Equipment Manufacturer (OEM) or qualified OEM maintainers will perform higher 

level inspections and maintenance per the operating documents and OEM standards. PCS 

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

II. Contact Information

PCS Production Company, LLP

1551 Corporate Drive, Suite 125

Irving, TX 75038

(972) 550-8503

justin@pcsproductions.com

III. PCS Production Company’s Operations

PCS is a full-service media communications firm that has been in business for over 20 

years. PCS provides video and live event production services all over the country. PCS is in 

business to build genuine relationships through high quality production.

A. The requested exemption will permit the operation of two sUAS, the DJI Phantom 3

Professional and DJI Phantom 3 Advanced.

1. DJI Phantom 3 Professional

The DJI Phantom 3 Professional is a small, unmanned multirotor aircraft, weighing 

1280 grams (including battery and propellers). The rotorcraft can operate at a speed 

up to 16 m/s (35.791 mph). The FAA has previously granted Exemption No. 11138, 

allowing commercial operations of a DJI product.

The sUAS has the following specifications: 
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Dimensions: 18 x 13 x 8 in. 

Flight Control System: Internal to the DJI Phantom 3

Transmitter: DJI Remote Control 

Receiver: Internal to DJI Phantom 3

Motor: DJI 2312

Propellers: DJI 9450, 9-inch diameter 

Gimbal: 3-axis gimbal

Camera: Sony EXMOR

Batteries: 4S 15.2V 4480 mAh LiPo

Please see the attached documents for further information about the DJI Phantom 3

Professional.

2. DJI Phantom 3 Advanced

The DJI Phantom 3 Advanced is a small, unmanned multirotor aircraft, weighing 

1280 grams (including battery and propellers). The rotorcraft can operate at a speed 

up to 16 m/s (35.791 mph). The FAA has previously granted Exemption No. 11138, 

allowing commercial operations of a DJI product.

The sUAS will have the following specifications: 

Dimensions: 18 x 13 x 8 in. 

Flight Control System: Internal to the DJI Phantom 3

Transmitter: DJI Remote Control 

Receiver: Internal to DJI Phantom 3

Motor: DJI 2312 

Propeller: DJI 9450, 9-inch diameter 

Gimbal: 3-axis gimbal 

Camera: Sony EXMOR 

Batteries: 4S 15.2V 4480 mAh LiPo 

Please see the attached documents for further information about the DJI Phantom 3

Advanced.

B. Conditions for Flight Operations

The sUAS will be flown in airspace under 400 feet above ground level (AGL) and under 

controlled conditions in rural and suburban areas. PCS will only operate its sUAS in visual 

meteorological conditions. PCS will only operate sUAS during the day. At all times the sUAS 

must stay 500 feet below any clouds and the Pilot in Command (PIC) must have 3 mile

visibility.

The flight crew will always make a safety assessment of the risk of every operation, and 

will only operate when it is determined that no undue hazards are present. The flight crew, 

consisting of one PIC and two visual assistants, will act as boundaries on the outside of the 

intended flight area, watching for intrusions into the area from individuals or other aircraft. 
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The flight crew will have each individual involved in the filming sign a waiver and obtain 

their consent prior to shooting. Additionally, during operations, the two visual assistants will 

be on the lookout for any trespassers, so that the operation can be quickly aborted if 

someone unauthorized walks into the closed set. 

The sUAS will be used to shoot footage for films, television shows, videos and 

commercials. The sUAS could possibly be flown over both land and water. PCS will avoid 

congested areas when planning operations, and will work with the local enforcement if 

necessary.

C. Flight Operations

The purpose of each sUAS flight will be to film for the video production industry safely 

and efficiently. 

PCS’s flight crew will always use at least three individuals for each flight: the Pilot in 

Command and two visual assistants. Prior to the day of filming, the flight crew will visit the 

site where filming will be held and observe the area to determine if it is safe for shooting. 

The flight crew will determine that a location is not safe if it is too close to objects, such as 

trees, or if wind conditions would make the planned flight unsafe.

On the day of filming, the flight crew will set out a landing pad that has a diameter of 

50- 100 feet marked as the “home” area. This landing pad area will be marked off with 

cones and flags. The flight crew will set the bailout height 150 feet higher than the highest 

spot in the area, but limit the height to 400 feet AGL. In the event that the PIC becomes 

incapacitated, the producer will hit the red “return” button on the transmitter, or turn off 

the transmitter. Either event will cause the sUAS to rise to the set height, travel horizontally 

until it is over the “home” location, then land. Both the DJI Phantom 3 Professional and DJI 

Phantom 3 Advanced will have the “return to home” function in their flight controller.

Once the home zone is set, the flight crew will go through an extensive preflight safety 

inspection.

At the ground station, the PIC will set up a laptop which shows the telemetry 

information about the flight, distance away, altitude, and heading. The producer will be able 

to view what the camera views and can ask the PIC to move the sUAS to get a different shot. 

For flights over water, the sUAS’s feet will be fitted with flotation devices in the event of 

an emergency water landing. 

The PIC will have a Sport or Private Pilot’s license.

IV. DJI Phantom 3 Flight Procedures

The flight crew will go through the DJI Phantom 3’s pre-flight inspection. After the preflight safety inspection has been passed, and each crew member is in place, the PIC will start 

the DJI Phantom 3 engine and the timer on the transmitter.

When flying the DJI Phantom 3, each flight will be terminated when the usable battery 

power reaches the 25% mark, or at 30 minutes, whichever comes first. The flight crew can 

land the sUAS, replace the battery, in order to continue to film, if necessary.
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The PIC will manually control each flight using a GPS hold or assist. The automated 

features of the GPS will keep the sUAS in a fixed location in the wind. It will also allow the 

PIC to release the controls and have the sUAS remain in that fixed location. The PIC can then 

move one of the control sticks, and the sUAS will move in that direction and no others. 

After the operation, the PIC and flight crew will go through the post-flight inspection.

V. Privacy

There is little concern that the proposed flights will cause invasions of privacy because 

all flights will occur in a closed set situation with written permission of the property owner. 

Should any trespasser enter into the filming area, the flight will be aborted safely. Every 

individual present during filming will have signed a waiver.

VI. Aircraft Safety

PCS proposes that the exemption requested herein apply to civil aircraft that have the 

characteristics and that operate with the limitations listed herein:

1. The sUAS will weigh no more than 55 lbs. 

2. Flights will be operated within line of sight of a pilot and multiple assistants. 

3. Maximum total flight time for each operational flight of the DJI Phantom 3 will be 30 

minutes. Flights will be terminated at 25% battery reserve should that occur prior to the 

30 minute limit. 

4. When flying the DJI Phantom 3 Professional and DJI Phantom 3 Advanced, the low 

battery failsafe is triggered when the DJI Intelligent Flight Battery is depleted to a point 

that may affect the safe return of the aircraft. This threshold is automatically 

determined based on the current aircraft altitude and its distance from the home spot. 

5. The sUAS will remain clear and yield the right of way to all other manned operations 

and activities at all times. 

6. Flights will be operated at an altitude of no more than 400 feet AGL. 

7. Minimum crew for each operation will consist of the sUAS PIC and two visual 

assistants. 

8. A briefing will be conducted in regard to the planned sUAS operations prior to each 

day’s flight. It will be mandatory that all personnel who will be performing duties in 

connection with the operations be present for this briefing. 

9. Prior to each day’s flight, the flight crew will visit the location for filming to determine 

if it is safe for filming. The flight crew will also brief their clients on the limitations of the 

sUAS and their own internal safety limitations. 

10. The operator will obtain a FAA UAS Civil COA prior to conducting any operations 

under this grant of exemption.

15. The PIC and visual assistants will at all times be able to communicate 
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16. Written permission from the landowners/authorized agents of the land over which 

flights will occur. 

17. All required permissions and permits will be obtained from territorial, state, county 

or city jurisdictions, including local law enforcement, fire departments, or other 

appropriate governmental agencies. 

18. Both the DJI Phantom 3 Professional and DJI Phantom 3 Advanced will have the 

capability to abort a flight in case of unexpected obstacles or emergencies. Prior to each 

flight, two separate safety zones will be programmed into the sUAS autopilot, in the 

event that the home area is unsafe for an emergency landing. 

19. For both the DJI Phantom 3 Professional and DJI Phantom 3 Advanced, if the sUAS 

and its radio controller disconnects during flight, the multirotor will return to home and 

land automatically.

20. Approval of commercial flights as outlined in this petition presents no national 

security issue.

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012--size, 

weight, speed, operating capabilities, proximity to airports and populated areas and 

operation within visual line of sight and national security – provide more than adequate 

justification for the grant of the requested exemptions allowing commercial operation 

of PCS’s sUAS in the video production industry pursuant to PCS’s rules of operation.

VII. Public Safety

When flying a sUAS, the pilot and crew are safely on the ground, rather than several 

hundred feet in the air, as the FAA has previously determined.

The limited weight of the DJI Phantom 3 Professional and DJI Phantom 3 Advanced

significantly reduces the potential for harm to participating and nonparticipating individuals 

or property in the event of an incident or accident. Additionally, both sUAS can fly at lower 

altitudes than manned aircraft and requires less room for takeoff and landing, allowing for 

flights to take place over smaller areas.

Using the DJI Phantom 3 Professional and DJI Phantom 3 Advanced for the purpose of 

filming, therefore, is significantly safer than use of a manned aircraft for the same purpose.

VIII. Regulation Exemption Requests and Equivalent Level of Safety

A. 14 C.F.R. 21(H): Airworthiness Certificates

PCS requests an exemption from 14 C.F.R. 21(H), which “prescribes procedural 

requirements for the issue of airworthiness certificates.”

Equivalent level of safety: Both the DJI Phantom 3 Professional and DJI Phantom 3 

Advanced’s small size, weight, speed, and limited operating area associated with the aircraft 
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and their operation meet the statutory considerations of Section 333. PCS’s proposed 

exemption meets the requirements for an equivalent level of safety of this section based 

upon the following factors:

 Small size

o DJI Phantom 3 Professional and DJI Phantom 3 Advanced: 18 x 13 x 8 in.

 Light weight: Under 10 lbs.

 Relatively slow speed: 

o DJI Phantom 3 Professional and DJI Phantom 3 Advanced: speeds up to 

16 m/s (35.791 mph).

 Operational capacity: 

o DJI Phantom 3 Professional and DJI Phantom 3 Advanced: the low 

battery level failsafe is triggered when the DJI Intelligent Flight Battery is 

depleted to a point that may affect the safe return of the aircraft. The 

warning threshold is automatically determined based on the current 

aircraft altitude and its distance from the home point. 

 Proximity to airports: PCS will only operate in Class G airspace

 Proximity to populated areas: PCS will only operate in Class G airspace in rural

and suburban areas and work with the local Flight Standards District Offices to 

determine which areas to avoid during flights.

 Operation within visual line of sight: the PIC will always fly the sUAS within 

his/her line of sight.

 Altitude: no more than 400 feet AGL.

 Restricted area in which the sUAS will be operated: as described previously in 

this petition, the flight crew will act as a boundary to the flight area. The sUAS 

will not exit that area, and the flight crew will watch for individuals and other 

aircraft entering the space. Flights will be aborted if there is any doubt of safety.

B. 14 C.F.R. 43.7: Persons authorized to approve aircraft, airframes, aircraft engines, 

propellers, appliances, or component parts for return to service after maintenance, 

preventive maintenance, rebuilding, or alteration.

PCS requests an exemption from 14 C.F.R. 43.7 which states that “the holder of a 

mechanic certificate or a repair station certificate may approve an aircraft, airframe, aircraft 

engine, propeller, appliance, or component part for return to service.”

Equivalent level of safety: The requested exemption will provide an equivalent level of 

safety because PCS will repair and maintain the sUAS in accordance with the manufacturer’s 

directions and recommendations for the DJI Phantom 3 systems.

C. 14 C.F.R. 43.11(b): Content, form, and disposition of records for inspections conducted 

under parts 91 and 125 and §§135.411(a)(1) and 135.419 of this chapter. 

PCS requests an exemption from 14 C.F.R. 43.11(b) which states “(b) Listing of 

discrepancies and placards. If the person performing any inspection required by part 91 or 

125 or §135.411(a)(1) of this chapter finds that the aircraft is unairworthy or does not meet 

the applicable type certificate data, airworthiness directives, or other approved data upon 
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which its airworthiness depends, that persons must give the owner or lessee a signed and 

dated list of those discrepancies. For those items permitted to be inoperative under 

§91.213(d)(2) of this chapter, that person shall place a placard, that meets the aircraft's 

airworthiness certification regulations, on each inoperative instrument and the cockpit 

control of each item of inoperative equipment, marking it “Inoperative,” and shall add the 

items to the signed and dated list of discrepancies given to the owner or lessee.”

Equivalent level of safety: The sUAS, due to its small size, does not have room for 

placards to be placed in or on it and no inspections for sUAS have been certified by FAA at 

the present time. To achieve an equivalent level of safety, PCS will keep log books of all 

maintenance and repairs. These log books will include the information meant for the 

placards. This meets an equivalent level of safety to 14 C.F.R. 43.11(b) because the log books 

will be kept at the ground station where the flight crew will have immediate access to them.

D. 14 C.F.R. 45.11: Marking of products. 

PCS requests an exemption from 14 C.F.R. 45.11 which states “(a) Aircraft. A

manufacturer of aircraft covered under §21.182 of this chapter must mark each aircraft by 

attaching a fireproof identification plate that—”

Equivalent level of safety: The sUAS, due to its small size, does not have room for 

fireproof placards to be placed on it. Any additional weight or placards on the sUAS could 

create a risk, due to the small size and nature of the DJI Phantom 3 Professional and DJI 

Phantom 3 Advanced. To achieve an equivalent level of safety, PCS will keep information 

related to the DJI Phantom 3 Professional and DJI Phantom 3 Advanced, including their user 

manuals and log books at the ground station, and affix their N-Numbers, once obtained 

from the FAA Registration Office, as large as practicably possible. The requested exemption 

provides an equivalent level of safety to 14 C.F.R. 45.11 because the relevant 

documentation containing the serial numbers will be at the ground station with the PIC, 

where it will be useable in the event of an emergency.

E. 14 C.F.R. 45.27: Location of marks; nonfixed-wing aircraft. 

PCS requests an exemption from 14 C.F.R. 45.27 which says that “(a) Rotorcraft. Each 

operator of a rotorcraft must display on that rotorcraft horizontally on both surfaces of the 

cabin, fuselage, boom, or tail the marks required by §45.23”

Equivalent level of safety: The DJI Phantom 3 Professional and DJI Phantom 3 

Advanced, due to its small size, does not have a cabin, fuselage, boom or tail to display the 

marks required by §45.23. Once PCS receives its N-Numbers for the DJI Phantom 3

Professional and DJI Phantom 3 Advanced, it will display these marks on the aircraft as large 

as practicably possible. This exemption provides an equivalent level of safety to 14 C.F.R. 

45.27 because the sUAS will be registered with the FAA Aircraft Registration Branch. In the 

event of incident, the sUAS will be traceable to PCS.

F. 14 C.F.R. 45.29: Size of marks.

PCS requests an exemption from 14 C.F.R. 45.29 which states that “(a) Except as 

provided in paragraph (f) of this section, each operator of an aircraft must display marks on 
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the aircraft meeting the size requirements of this section. (b) Height. Except as provided in 

paragraph (h) of this part, the nationality and registration marks must be of equal height 

and on— (3) Rotorcraft, must be at least 12 inches high, except that rotorcraft displaying 

before April 18, 1983, marks required by §45.29(b)(3) in effect on April 17, 1983, and 

rotorcraft manufactured on or after April 18, 1983, but before December 31, 1983, may 

display those marks until the aircraft is repainted or the marks are repainted, restored, or 

changed.”

Equivalent level of safety: PCS will affix its registration number as large as practicably 

possible on the DJI Phantom 3 Professional and DJI Phantom 3 Advanced, once it obtains the 

N-Numbers. This exemption provides an equivalent level of safety to 14 C.F.R. 45.29 

because the sUAS will be registered with the FAA Aircraft Registration Branch. In the event 

of incident, the sUAS will be traceable to PCS.

G. 14 C.F.R. 61.101(e)(4): Recreational pilot privileges and limitations.

PCS requests an exemption from 14 C.F.R. 61.101 (e)(4) which states "(e) Except as 

provided in paragraphs (d) and (i) of this section, a recreational pilot may not act as pilot in 

command of an aircraft—(4) For compensation or hire.”

Equivalent level of safety: PCS submits that an equivalent level of safety will be 

maintained because no PIC will be allowed to operate the DJI Phantom 3 Professional and 

DJI Phantom 3 Advanced unless that PIC has met all requirements, demonstrating that the 

PIC is able to safely operate the sUAS in a manner consistent with the operations 

specifications as set forth herein, including evasive and emergency maneuvers, as well as 

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

the sUAS will not carry a pilot or passengers, the proposed operations can achieve the 

equivalent level of safety of current operations by requiring the PIC operating the aircraft to 

have a sport or private pilot license rather than a commercial pilot's license to operate sUAS. 

Unlike a conventional aircraft that carries the pilot and passengers, the sUAS are remotely 

controlled with no person on board.

H. 14 C.F.R. 61.113(a): Private pilot privileges and limitations: Pilot in command

PCS requests an exemption from 14 C.F.R. 61.113(a) which states "(a) Except as 

provided in paragraphs (b) through (h) of this section, no person who holds a private pilot 

certificate may act as pilot in command of an aircraft that is carrying passengers or property 

for compensation or hire; nor may that person, for compensation or hire, act as pilot in 

command of an aircraft.”

Equivalent level of safety: As stated above, PCS submits that an equivalent level of 

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

Professional and DJI Phantom 3 Advanced unless that PIC has met all requirements, 

demonstrating that the PIC is able to safely operate the sUAS in a manner consistent with 

the operations specifications as set forth herein, including evasive and emergency 

maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles, and 

structures. Because the UAS will not carry a pilot or passengers, the proposed operations 

can achieve the equivalent level of safety of current operations by requiring the PIC 
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operating the aircraft to have a sport or private pilot license rather than a commercial pilot's 

license to operate sUAS. Unlike a conventional aircraft that carries the pilot and passengers, 

the sUAS are remotely controlled with no person on board.

I. 14 C.F.R. 91.9(b)(2): Civil aircraft flight manual, marking, and placard requirements.

PCS requests an exemption from 14 C.F.R. 91.9(b)(2) which states "(b) No person may 

operate a U.S.-registered civil aircraft... (2) For which an Airplane or Rotorcraft Flight Manual 

is not required by §21.5 of this chapter, unless there is available in the aircraft a current 

approved Airplane or Rotorcraft Flight Manual, approved manual material, markings, and 

placards, or any combination thereof."

Equivalent level of safety: There does not currently exist a method of approving 

manuals for sUAS and given the size and configuration of the sUAS, there is no space to 

carry such a flight manual on the aircraft. PCS will keep its flight manual at the ground 

station, where both the PIC and assistants can access it. An equivalent level of safety to 14 

C.F.R. 91.9(b)(2) is provided because the intent of this rule which is the pilot having access to 

this material during flight, is met.

J. 14 C.F.R. 91.9(c): Civil aircraft flight manual, marking, and placard requirements.

PCS requests an exemption from 14 C.F.R. 91.9(c) which states "(c) No person may 

operate a U.S.-registered civil aircraft unless that aircraft is identified in accordance with 

part 45 of this chapter." 

Equivalent level of safety: As stated above, PCS will submit AC Form 8050-1 to the FAA 

Registration Office in order to obtain its N-Numbers. The sUAS, due to its small size, does 

not have room to contain fireproof placard or to display aircraft marks in a conventional

size. However, PCS will place its N-Numbers on the aircraft in lettering as large as practicably 

possible, once obtained from the FAA. An equivalent level of safety to 14 C.F.R. 91.9(c) is 

met because the sUAS will be registered with the FAA and identifiable in the event of an 

incident.

K. 14 C.F.R. 91.103(b)(2): Preflight action.

PCS requests an exemption from 14 C.F.R. 91.103(b)(2) which states "Each pilot in 

command shall, before beginning a flight, become familiar with all available information 

concerning that flight. This information must include—... (b) For any flight, runway lengths 

at airports of intended use, and the following takeoff and landing distance information: ... 

(2) For civil aircraft other than those specified in paragraph (b)(1) of this section, other 

reliable information appropriate to the aircraft, relating to aircraft performance under 

expected values of airport elevation and runway slope, aircraft gross weight, and wind and 

temperature." 

Equivalent level of safety: The PIC will, before beginning a flight, become familiar with 

all available and relevant information concerning the craft and that flight, including wind 

and temperature. However, as the flights of the sUAS will not begin or end at airports, the 

airport-related information required in Part 91.103(b)(2) does not apply. As a condition to 

the approval of exemption, PCS shall perform the preflight operations.
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L. 14 C.F.R. 91.105: Flight crewmembers at stations.

PCS requests an exemption from 14 C.F.R. 91.105 since this part is not applicable 

because sUAS do not carry flight crewmembers.

Equivalent level of safety: The requested exemption will achieve an equivalent level of 

safety because PCS will not operate the aircraft unless someone is at the controls at all 

times. 

M. 14 C.F.R. 91.113(b): Right-of-way rules: Except water operations

PCS requests an exemption from 14 C.F.R. 113(b) which states “(b) General. When 

weather conditions permit, regardless of whether an operation is conducted under 

instrument flight rules or visual flight rules, vigilance shall be maintained by each person 

operating an aircraft so as to see and avoid other aircraft. When a rule of this section gives 

another aircraft the right-of way, the pilot shall give way to that aircraft and may not pass 

over, under, or ahead of it unless well clear."

Equivalent Level of Safety: PCS will operate its sUAS to see and avoid and give way to 

other aircraft that should enter airspace at or below 400 feet AGL, and will give right-of-way 

to manned aircraft. This will provide an equivalent level of safety to 14 C.F.R. 91.113(b) 

because the sUAS has significantly greater mobility than a much larger, manned aircraft. As 

a result, the PIC will be able to react and respond much quicker than the other pilot.

N. 14 C.F.R. 91.119(b) and (c): Minimum safe altitudes: General. 

PCS requests an exemption from 14 C.F.R. 91.119 (b) and (c) which state "Except when 

necessary for takeoff or landing, no person may operate an aircraft below the following 

altitudes: (b) Over congested areas. Over any congested area of a city, town, or settlement, 

or over any open air assembly of persons, an altitude of 1,000 feet above the highest 

obstacle within a horizontal radius of 2,000 feet of the aircraft. (c) Over other than 

congested areas. An altitude of 500 feet above the surface, except over open water or 

sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 

feet to any person, vessel, vehicle, or structure.”

Equivalent level of safety: PCS requests an exemption to allow it to conduct flight 

operations closer than 500 feet to vessels, vehicles and structures when the 

owner/controller of any such vessels, vehicles or structures grants permission for the 

operation and the PIC makes a safety assessment of the risk of operating closer to those 

objects and determines that it does not present an undue hazard. PCS will not operate the 

sUAS any higher than 400 feet AGL. The sUAS will necessarily be flown closer than 500 feet 

to people and structures it will be filming, as well as closer than 500 feet to the ground. 

When planning operations, PCS will work with local FSDO to determine the proper location 

for filming. Additionally, prior to each operation, PCS’s flight crew will conduct a safety 

assessment and will not operate its sUAS without determining that there are no undue 

safety hazards.

PCS’s visual assistants will serve as a boundary on the outer edges of the flight 

operational area in order to actively monitor the space for unauthorized and 

nonparticipating individuals. Should one appear, PCS will safely land the sUAS in a manner 
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meant to avoid the unauthorized/nonparticipating individual. This will provide an equivalent 

level of safety to 14 C.F.R. 91.119(b) and (c) because the PIC and flight crew will make a 

safety assessment of the risk of operating, and determine that it does not present an undue 

hazard.

O. 14 C.F.R. 91.121(a)(1): Altimeter Settings.

PCS requests an exemption from 14 C.F.R. 91.121(a)(1) which states “a) Each person 

operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the 

case may be, by reference to an altimeter that is set, when operating—(1) Below 18,000 

feet MSL, to—(i) The current reported altimeter setting of a station along the route and 

within 100 nautical miles of the aircraft; (ii) If there is no station within the area prescribed 

in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an appropriate 

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

the departure airport or an appropriate altimeter setting available before departure.”

Equivalent Level of Safety: The DJI Phantom 3 Professional and DJI Phantom 3 

Advanced’s flight controller both have an internal measurement unit (“IMU”). The IMU has a 

built-in internal sensor and a barometric altimeter that measures both attitude and altitude. 

PCS requests an exemption from the requirement to set its altimeter to a station along the 

route, or out of an airport, because the DJI Phantom 3 Professional and DJI Phantom 3 

Advanced will not be traveling point-to-point and is limited in the distance it can travel from 

the PIC. Additionally, PCS will not be flying into or out of an airport.

PCS‘s operation of the sUAS will not exceed 400 feet AGL and will be operated in a 

fashion that is not a sustained cruising flight such as a manned aircraft will typically fly. The 

operator will be able to observe and control the maximum height of the sUAS through the 

telemetry features of the transmitter and on the laptop at the ground station. The telemetry 

features of both the DJI Phantom 3 Professional and DJI Phantom 3 Advanced provide 

altitude information from the onboard flight controller. Additionally, the sUAS will be 

operated within the line of sight. The FAA has previously granted this exemption.

P. 14 C.F.R. 91.151(b): Fuel requirements for flight in VFR conditions.

PCS requests an exemption from 14 C.F.R. 91.121(a)(1) which states “(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.”

Equivalent level of safety: The DJI Phantom 3 Professional and DJI Phantom 3 Advanced 

are powered by electricity using lithium polymer batteries. Therefore, since the sUAS are 

battery operated, it is currently impossible to comply with Part 91.151(b). However, the 

sUAS will be operated in a manner with at least the equivalent level of safety as that of a 

manned aircraft complying with Part 91.151.

During the entire flight, the PIC will always have a visual line of sight of the sUAS and the 

PIC and producer will be monitoring the battery life via the telemetry display on the laptop 

at the ground station. The sUAS will always have enough power to land safely, given the 
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minimum level of reserve capacity of the batteries. PCS will land the DJI Phantom 3

Professional and DJI Phantom 3 Advanced when the low battery level failsafe is triggered. 

The proposed exemption meets an equivalent level of safety to 14 C.F.R. 91.151(b).

Q. 14 C.F.R. 91.203(a) and (b): Civil aircraft: Certifications required.

PCS requests an exemption from 14 C.F.R. 91.203(a) and (b) which state “(a) Except as 

provided in § 91.715, no person may operate a civil aircraft unless it has within it the 

following: (1) An appropriate and current airworthiness certificate... (2) An effective U.S. 

registration certificate issued to its owner... (b) No person may operate a civil aircraft unless 

the airworthiness certificate required by paragraph (a) of this section or a special flight 

authorization issued under § 91.715 is displayed at the cabin or cockpit entrance so that it is 

legible to passengers or crew.”

Equivalent level of safety: First, there are currently no procedures by which the FAA can 

approve airworthiness certificates for sUAS. However, PCS will submit AC Form 8050-1 to 

the FAA Registration Office in order to obtain its N-Number, which will be placed on the 

aircraft as large as practicably possible, and the PIC will have the operator’s manual and log 

book at the ground station, which have of the relevant testing and data information for each 

sUAS.

Additionally, the autopilot systems for both the DJI Phantom 3 Professional and DJI 

Phantom 3 Advanced provides a number of safety features, including the failsafe automatic 

return to home if the radio control link is broken. If the radio control link is broken, the 

autopilot system will recognize this broken control link and cause the sUAS to automatically 

return to the preset home position as recorded by the GPS instrumentation. Because the 

sUAS team will mark off an area that will be used as the home position for the sUAS to 

return, no one will be standing in the way of the path.

PCS will not accept assignments from clients who are within 5 miles of controlled 

airspace without first gaining written permission from air traffic control.

The DJI Phantom 3 Professional and DJI Phantom 3 Advanced are no more than 10

pounds. The sUAS will be tightly controlled and monitored by the operator and the observer 

and in compliance with the requirements of the FAA’s grant of this petition and all local 

public safety requirements. This will ensure safety and security for the area of operation. 

Lastly, application of these same criteria demonstrates that there is no credible threat to 

national security posed by the UAS, due to its size, speed of operation, location of 

operation, and inability to carry a substantial payload. Granting the proposed exemption will 

achieve an equivalent level of safety to 14 C.F.R. 91.203(a) and (b) because of the small size 

of the sUAS and the operational limits set out above.

R. 14 C.F.R. 91.215: ATC transponder and altitude reporting equipment and use.

PCS requests an exemption from 14 C.F.R. 91.215 which states “(a) All airspace: U.S.-

registered civil aircraft. For operations not conducted under part 121 or 135 of this chapter, 

ATC transponder equipment installed must meet the performance and environmental 

requirements of any class of TSO-C74b (Mode A) or any class of TSO-C74c (Mode A with 

altitude reporting capability) as appropriate, or the appropriate class of TSO-C112 (Mode S).
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(b) All airspace. Unless otherwise authorized or directed by ATC, no person may operate an 

aircraft in the airspace described in paragraphs (b)(1) through (b)(5) of this section, unless 

that aircraft is equipped with an operable coded radar beacon transponder having either 

Mode 3/A 4096 code capability, replying to Mode 3/A interrogations with the code specified 

by ATC, or a Mode S capability, replying to Mode 3/A interrogations with the code specified 

by ATC and intermode and Mode S interrogations in accordance with the applicable 

provisions specified in TSO C-112, and that aircraft is equipped with automatic pressure 

altitude reporting equipment having a Mode C capability that automatically replies to Mode 

C interrogations by transmitting pressure altitude information in 100-foot increments. This 

requirement applies—“

Equivalent level of safety: The DJI Phantom 3 Professional and DJI Phantom 3 Advanced 

are not equipped with ATC transponder equipment. It is designed to fly in limited airspace 

under the control of a ground station.

An equivalent level of safety to 14 C.F.R. 91.215 will be met because PCS will not fly its 

sUAS into or near airports. All operations will be below 400 feet AGL, so there is very low 

risk of collision with any manned aircraft. Moreover, the DJI Phantom 3 Professional and DJI 

Phantom 3 Advanced will always be flown within the line of sight of the PIC, and PCS will 

utilize two visual assistants on opposite, outer edges of the flight area, whose only job is to 

watch for objects and individuals entering into the flight area. PCS will also give right of way 

to manned aircraft as they do appear.

S. 14 C.F.R. 91.403: General.

PCS requests an exemption from 14 C.F.R. 91.403 which states “(a) The owner or 

operator of an aircraft is primarily responsible for maintaining that aircraft in an airworthy 

condition, including compliance with part 39 of this chapter. (b) No person may perform 

maintenance, preventive maintenance, or alterations on an aircraft other than as prescribed 

in this subpart and other applicable regulations, including part 43 of this chapter. (c) No 

person may operate an aircraft for which a manufacturer's maintenance manual or 

instructions for continued airworthiness has been issued that contains an airworthiness 

limitations section unless the mandatory replacement times, inspection intervals, and 

related procedures specified in that section or alternative inspection intervals and related 

procedures set forth in an operations specification approved by the Administrator under 

part 121 or 135 of this chapter or in accordance with an inspection program approved under 

§91.409(e) have been complied with. (d) A person must not alter an aircraft based on a 

supplemental type certificate unless the owner or operator of the aircraft is the holder of 

the supplemental type certificate, or has written permission from the holder.”

Equivalent level of safety: This section limits maintenance to that “prescribed in this 

subpart and other applicable regulations, including part 43 of this chapter.” Because of this 

limitation, and because of the exemptions under Part 43 requested above, PCS requests an 

exemption from this section. This exemption meets the requirements for an equivalent level 

of safety pursuant because of the sUAS small size, light weight, relatively slow speed, and 

use in controlled rural environments, as described previously in this petition. PCS will 

conduct maintenance and repairs of the DJI Phantom 3 under the supervision and direction 

of the sUAS manufacturer and designer.
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T. 14 C.F.R. 91.405(a) and (d): Maintenance required.

PCS requests an exemption from 14 C.F.R. 91.405(a) and (d) which state “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; (d) When listed 

discrepancies include inoperative instruments or equipment, shall ensure that a placard has 

been installed as required by §43.11 of this chapter.”

Equivalent level of safety: As shown, PCS is applying for an exemption for these 

sections, due to the fact that its operators will inspect the sUAS prior to each flight and keep 

a record of all maintenance that is done. Additionally, prior to each operation, PCS will

conduct a pre-flight safety check of the DJI Phantom 3 systems. Because the sections are 

concerned with manned aircraft, and as such have inspection requirements designed for the 

safety of passengers, they are inapplicable to PCS. As noted previously, PCS requests an 

exemption to the placard requirement, because, due to the small size of the sUAS, there is 

no room to place the placard. 

The requested exemption will meet an equivalent level of safety to 14 C.F.R. 91.405(a) 

and (d) because PCS will repair and maintain the DJI Phantom 3 Professional and DJI 

Phantom 3 Advanced by following the manufacturer’s specifications.

U. 14 C.F.R. 91.407: Operation after maintenance, preventive maintenance, rebuilding, or 

alteration.

PCS requests an exemption from 14 C.F.R. 91.407 which states that “(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; and (2) the maintenance record entry required by §43.9 or 

§43.11, as applicable, of this chapter has been made.”

Equivalent level of safety: To achieve an equivalent level of safety, PCS will regularly 

inspect and maintain its sUAS in the manner required for manned aircraft, under the 

supervision of and at the direction of the manufacturer of the DJI Phantom 3 systems. PCS 

will repair and maintain the DJI Phantom 3 Professional and DJI Phantom 3 Advanced by 

following the manufacturer’s specifications. PCS has requested an exemption from §§ 43.7 

and 43.11 as seen above. The capability of the operators to maintain and repair the sUAS 

meets the requirements for an equivalent level of safety pursuant to Section 333 for both 

sUAS, their intended use, and the operating environment. 

V. 14 C.F.R. 91.409: Inspections.

PCS requests an exemption from 14 C.F.R. 91.409 which explains the requirements for 

inspections of aircraft. PCS respectfully requests an exemption from these requirements 

because they are intended to maintain the safety of manned aircraft significantly larger and 

capable of significantly longer flights than sUAS. 

Equivalent level of safety: The requested exemption will meet or exceed the level of 

safety achieved by adherence to 14 C.F.R. 91.409 because PCS’s inspection and maintenance 

procedures of the DJI Phantom 3 systems are as identical as possible to the inspection and 
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maintenance procedures of manned aircraft. Additionally, PCS will repair and maintain the 

DJI Phantom 3 Professional and DJI Phantom 3 Advanced by following the manufacturer’s 

specifications.

W. 14 C.F.R. 91.417: Maintenance records

PCS requests an exemption from 14 C.F.R. 91.417, as it is only applicable for aircraft with 

an airworthiness certificate. Because PCS will not have an airworthiness certificate, this 

section is inapplicable.

Equivalent level of safety: The requested exemption will provide an equivalent level of 

safety to 14.C.F.R. 91.417 because PCS will keep detailed maintenance records on every part 

as it is replaced, including but not limited to propellers, batteries, and electrical 

components.

IX. Conclusion

The operation of PCS Production Company, LLP using sUAS, weighing less than 55 lbs., 

conducted under the proposed restrictions outlined above, will provide an equivalent level 

of safety supporting the grant of the exemptions requested herein.

Thank you for taking the time to review our petition. We look forward to your decision.