DiFranco Aerial Consulting, LLC

Neil DiFranco - 2015

Neil DiFranco

DiFranco Aerial Consulting, LLC

14 Highland Ave.

Flourtown, PA 19031

US Department of Transportation

Federal Aviation Administration

800 Independence Ave., S.W.

Washington, D.C. 20591

Petition for Exemption
DiFranco Aerial Consulting, LLC

Neil DiFranco - 2015

1

Contents

Background ............................................................................................................................2

Aircraft....................................................................................................................................2

Name and Address.................................................................................................................3

Specific Sections of 14 C.F.R. for Exemption..........................................................................3

Requested Relief - Section 61.113(a) and (b) ................................................................3

Reason for Relief - Section 61.113(a) and (b) ................................................................3

Impact on Safety - Section 61.113(a) and (b) Relief ......................................................3

Requested Relief - Section 91.7(a).................................................................................3

Reason for Relief - Section 91.7(a).................................................................................4

Impact on Safety - Section 91.7(a) Relief.......................................................................4

Requested Relief - Section 91.121 .................................................................................4

Reason for Relief - Section 91.121 .................................................................................4

Impact on Safety - Section 91.121 Relief .......................................................................4

Reason for Relief - Section 91.151 .................................................................................4

Impact on Safety - Section 91.151 Relief .......................................................................4

Requested Relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1)&(a)(2), 

91.417(a)&(b).................................................................................................................5

Reason for Relief - Sections 91.405(a), 91.407(a)(1), 91.409(a)(1)&(a)(2), And 

91.417(a)&(b).................................................................................................................5

Impact on Safety - Sections 91.405(a), 91.407(a)(1), 91.409(a)(1)&(a)(2), And 

91.417(a)&(b) Relief.......................................................................................................5

Public Interest ........................................................................................................................5

Additional Safety Considerations...........................................................................................6

Summary for the Federal Register.........................................................................................6

Appendix A – Primary Area for Proposed Flight Operations .................................................6

Appendix B – Phantom 3 Professional User Manual v1.4 - 0915 ..........................................8
DiFranco Aerial Consulting, LLC

Neil DiFranco - 2015

2

Background

DiFranco Aerial Consulting, LLC, a Pennsylvania Limited Liability Company, seeks exemption 

from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), to allow operation of Unmanned 

Aircraft Systems pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 

(FMRA). This exemption will permit DiFranco Aerial Consulting, LLC to operate Unmanned 

Aircraft Systems (UAS) for the purpose of collecting commercial aerial video, still imagery

and ancillary data of commercial and residential properties (when contracted by the 

owner(s) of subject properties), public landscapes and points of interest over permissible 

areas of the United States of America. 

DiFranco Aerial Consulting, LLC provides services and expertise in the field of Aerial Survey, 

Photography and Mapping acquisition. DiFranco Aerial Consulting, LLC has been in 

operation providing aerial survey and mapping consulting services since January of 2014. 

The Principal of DiFranco Aerial Consulting, LLC, Neil DiFranco, has over 12 years of 

experience in aerial survey performing rolls that include sensor operator, survey pilot, 

mission planner, project manager, airspace coordinator, research and development, data 

processing and technical support. Neil DiFranco holds a Commercial Pilot Certificate and is 

rated for Airplane Single & Multiengine Land; Instrument Airplane. Since 1995, Neil 

DiFranco has flown and logged over 2,600 hours of time as PIC and 2,800 Total Time. The 

main objective of DiFranco Aerial Consulting, LLC’s aerial video and photography operation

is to provide high quality aerial data for end users including, but not limited to, home 

owners, businesses, real estate professionals and the general public while increasing the 

public’s knowledge of UAS and promoting safe and legal UAS operations.

Aircraft

DiFranco Aerial Consulting, LLC seeks an exemption to operate DJI Phantom 3

Professional for compensation and hire within the NAS.

DJI Phantom 3 Professional Specifications: 

 Vertical Take Off and Landing (VTOL) Unmanned Aircraft (UA) 

 Ground Control Station (GCS) utilizing electronic tablet or smart phone systems.

 Maximum gross weight: ~2 pounds 11 ounces

 Length:16 inches 

 Width: 16 inches

 Height: 8 inches

 Max Speed: ~29 knots. 

 Four main rotors driven by Lithium Polymer battery powered electric motors. 

All DJI Phantom 3 Professional UASs operated by DiFranco Aerial Consulting, LLC will be 

registered in accordance with 49 U.S.C. 44103-Registration of Aircraft, 14 C.F.R Part 47-

Aircraft Registration, and marked in accordance with 14 C.F.R. Part 45-Identification and 

Registration Marking. 
DiFranco Aerial Consulting, LLC

Neil DiFranco - 2015

3

In accordance with 14 C.F.R. § 11.81, the following is provided to support the petition 

for exemption and relief:

Name and Address

DiFranco Aerial Consulting, LLC

Neil DiFranco – Principal

14 Highland Ave.

Flourtown, PA 19031

neil@DiFAerial.com

Specific Sections of 14 C.F.R. for Exemption 

 Section 61.113(a) and (b)

 Section 91.7(a)

 Section 91.121

 Section 91.151(b)

 Sections 91.405(a) 

 Sections 91.407(a)(1) 

 Sections 91.409(a)(1) & (a)(2) 

 Sections 91.417(a) & (b)

The Extent of Relief Sought and The reason for the Requested Relief

Requested Relief - Section 61.113(a) and (b)

Relief from Section 61.113(a) and (b) is requested to allow DiFranco Aerial Consulting, 

LLC to conduct flights of the UAs for compensation or hire utilizing a PIC who holds at 

least a private pilot certificate and current airman medical certificate and who has met 

the required flight-hour and currency requirements. 

Reason for Relief - Section 61.113(a) and (b)

Section 61.113(a) and (b) states that a private pilot may 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. All flights of the UAs for compensation and hire covered by this 

exemption will be incidental to DiFranco Aerial Consulting, LLC’s business. 

Impact on Safety - Section 61.113(a) and (b) Relief

DiFranco Aerial Consulting, LLC will not conduct flights while transporting passengers 

or property for compensation or hire.

Requested Relief - Section 91.7(a)

Relief from Section 91.7(a) is requested to the extent required to allow the PIC to make 

the determination that the UA is in airworthy condition prior to every flight. 
DiFranco Aerial Consulting, LLC

Neil DiFranco - 2015

4

Reason for Relief - Section 91.7(a)

DiFranco Aerial Consulting, LLC seeks the requested relief because the DJI Phantom 3 

Professional UAs do not require an airworthiness certificate in accordance with 14 

C.F.R. Part 21, Subpart H. 

Impact on Safety - Section 91.7(a) Relief

DiFranco Aerial Consulting, LLC’s PIC will ensure that the DJI Phantom 3 Professional 

UASs are in airworthy condition by ensuring that the UAS is safe to operate and in 

compliance with the manufacturer’s manual and maintenance records prior to each

flight.

Requested Relief - Section 91.121 

Relief from Section 91.121 is sought to allow operations of the UAs without a traditional 

barometric altimeter set to a current reported altimeter setting of a station within 100 

nautical miles. 

Reason for Relief - Section 91.121

The DJI Phantom 3 Professional provides altitude reference by use of a barometric 

pressure sensor combined with GPS equipment. The altitude information is provided to 

the PIC through the flight controller. Flights of the UASs may be conducted with the 

altimeter set to zero on the ground prior to each flight. 

Impact on Safety - Section 91.121 Relief

An equivalent level of safety will be maintained since the DJI Phantom 3 Professional 

UASs navigation package ensures that a ground level setting is established prior to each 

flight and provides the PIC with continuous altitude information for the duration of the 

flight by way of the GCS.

Requested Relief from Section 91.151

Relief from Section 91.151(b) is requested to the extent required to allow flights of the 

DJI Phantom 3 Professional UAs under daytime visual flight rules (VFR) using no more 

than 75% of the total UA’s battery capacity (Approximately 17 minutes based on 

roughly 23 minutes at full charge). 

Reason for Relief - Section 91.151

Flight of the UAS would not be practical without the requested relief from Section 

91.151(b).

Impact on Safety - Section 91.151 Relief

DiFranco Aerial Consulting, LLC’s proposed operating limitations provide that the DJI 

Phantom 3 Professional UASs will only be operated during daylight VFR with a limited 

duration to allow for safe and controlled landings before battery power is exhausted. 
DiFranco Aerial Consulting, LLC

Neil DiFranco - 2015

5

Requested Relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1)&(a)(2), 91.417(a)&(b)

Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) apply to 

aircraft with an airworthiness certificate.

Reason for Relief - Sections 91.405(a), 91.407(a)(1), 91.409(a)(1)&(a)(2), And 

91.417(a)&(b)

DiFranco Aerial Consulting, LLC requests relief from these Sections as the DJI Phantom 

3 Professional UAs meet the conditions of FMRA Section 333 that permit flight

operations without an airworthiness certificate. 

Impact on Safety - Sections 91.405(a), 91.407(a)(1), 91.409(a)(1)&(a)(2), And 91.417(a)&(b) 

Relief

DiFranco Aerial Consulting, LLC request for relief does not relieve the operator of the 

responsibility to provide an equivalent level of safety. All continuing and preventative 

maintenance will be performed by experienced technicians in a manner prescribed by 

the manufacturer. All maintenance will be documented in detail and retained. No UAs 

will be permitted to operate unless all systems are fully functional to avoid any failures 

that could endanger persons or property.

Public Interest

Granting the present Petition will further the public interest by allowing DiFranco Aerial 

Consulting, LLC to safely, efficiently, and economically provide aerial data that meets the 

demand of imagery end users who may otherwise, and unknowingly, seek services from 

unlicensed individuals or other unsafe operators and operations.

While aerial video and imagery can and is traditionally supplied by manned aerial survey 

and photography companies, this traditional method tends to be out of the general public’s 

reach due to cost. Traditional fixed-wing aerial data acquisition does not permit flight 

activities that are low and slow enough to collect the level of detail and precision that is 

possible with the DJI Phantom 3 Professional UA. 
DiFranco Aerial Consulting, LLC

Neil DiFranco - 2015

6

Additional Safety Considerations

The DJI Phantom 3 Professional UASs are not a threat to persons, property or national 

security based on their size, weight, speed and capabilities. 

The DJI Phantom 3 Professional incorporates the following safety features:

Flight LimitsThe Maximum Flight Altitude and Maximum Flight Radius can be set prior to 

operation

No-Fly ZonesThe DJI Phantom 3 Professional can be limited to respect No-Fly Zones. This 

feature can provide the PIC with warnings as the UA approaches a No-Fly Zone,

automatically limit flying height and prevent take-off or trigger auto-land.

Low Battery Failsafe RTH (Return-to-Home)

The DJI Phantom 3 Professional low battery failsafe is triggered when the battery 

is depleted to a point that may impact safe return of the UA. The PIC is first 

warned to take action and land immediately followed by an automatic return to 

home if no action is taken after 10 seconds. The battery monitoring features of 

the UAS can determine warning thresholds based on current altitude and distance 

from the Home Point. An automatic landing will be triggered immediately if the 

system determines that the battery can only support the aircraft long enough for 

the descent. 

Battery Level Warnings

The FJI Phantom 3 Professional provides Battery Level Warnings through an 

Aircraft Status Indicator light located on the UA as well as through a DJI GO 

Application.

Failsafe RTH (Return-to-Home)

The Failsafe RTH (Return-to-Home) will be triggered if the remote controller signal 

is lost for more than three seconds.

Summary for the Federal Register

DiFranco Aerial Consulting, LLC seeks exemption from the requirements of 14 C.F.R §§ 

61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), 

and 91.417(a) & (b), to allow operation of Unmanned Aircraft Systems pursuant to Section 

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

This exemption will permit DiFranco Aerial Consulting, LLC to operate Unmanned Aircraft 

Systems (UAS) for the purpose of collecting commercial aerial video, still imagery and 

ancillary data of commercial and residential properties (when contracted by the owner(s) 

of subject properties), public landscapes and points of interest over permissible areas of 

the United States of America. 
DiFranco Aerial Consulting, LLC

Neil DiFranco - 2015

7

Appendix A – Primary Area for Proposed Flight Operations

Semi-transparent red circles represent a 5 nautical mile radius around airports located 

within DiFranco Aerial Consulting, LLC’s primary area of operations.

The semi-transparent blue area represents the surface area of Philadelphia Class Bravo 

Airspace.
DiFranco Aerial Consulting, LLC

Neil DiFranco - 2015

8

Appendix B – Phantom 3 Professional User Manual v1.4 - 0915