UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: 

SPARKTECH IMAGERY LLC

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF TITLE 14

OF THE CODE OF FEDERAL REGULATIONS SECTIONS 

14 C.F.R §§ 45.23(b); Part 21, Subpart H; 61.23(a); 61.113(a); 91.7(a); 91.119(c); 91.121; 91.151(a); 

91.405(a); 91.407(a)(1); 91.409(a)(1)&(2); 91.417(a)&(b);

CONCERNING COMMERCIAL OPERATION OF DJI UNMANNED AIRCRAFT SYSTEMS

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112-95)

Submitted on June 2nd 2015

Craig Fonseca

Sparktech Imagery LLC

1500 Beville Road, 606-416, 

Daytona Beach, FL, 32114

Tel: 386-675-4879

support@sparktechimagery.com
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Sparktech Imagery LLC, formally requests exemption from the requirements of 14 C.F.R §§ 45.23(b); Part 

21, Subpart H; 61.23(a); 61.113(a); 91.7(a); 91.119(c); 91.121; 91.151(a); 91.405(a); 91.407(a)(1); 

91.409(a)(1)&(2); 91.417(a)&(b); to operate an Unmanned Aircraft System pursuant to Section 333 of the 

FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit Sparktech Imagery LLC to 

operate its Unmanned Aircraft System(s) (UAS) for the commercial purpose of conducting aerial video 

and photography in airspace regulated by the Federal Aviation Administration over various locations, 

including landscapes, waterways and oceans within the United States of America. 

Sparktech Imagery LLC’s objective is to capture, document and archive images and 

video using aerial photographic & video technology, thus providing its clients low cost, 

high quality imaging and views from different perspectives. 

THE UNMANNED AIRCRAFT SYSTEMS of SPARKTECH IMAGERY LLC : 

(1) DJI Phantom 2 Vision +

(2) DJI Phantom 3 Professional

(3) DJI Inspire

The petitioner requests permission to operate the DJI Phantom 2 Vision +, the DJI Phantom 3 Professional

and the DJI Inspire UAS within the National Airspace System for hire or compensation. All of the DJI 

systems listed above are vertical takeoff and landing, unmanned aircraft with a ground control station 

utilizing electronic tablet or smart phone systems. They also have a maximum speed under 50 knots and 

weighing less than 7 pounds. No operation will be conducted within 5NM of an airport. Included as the 

appendix to this document are the data specifications and links to the user manuals to the UAS. Similar 

exemptions utilizing such UAS have been approved and deemed airworthy, not requiring any 

airworthiness certification, including exemptions Nos. 11109 Clayco, Inc, 11595 Gary Huett, 11669 

Photobird LLC.

In accordance with 14 C.F.R § 11.81, Sparktech Imagery LLC provides the following information in 

support of its petition for exemption.
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NAME AND ADDRESS OF PETITIONER:

Sparktech Imagery LLC

Attn: Mr. Craig Fonseca

Mailing address: 1500 Beville Road, 606-416, Daytona Beach, FL, 32114

Email: support@sparktechimagery.com

Tel: 386-675-4879

Sparktech Imagery LLC submits that proper safety will be ensured and can serve to 

benefit the general public and pose no threat to national security.

Sparktech Imagery LLC will use experienced personnel or technicians to perform maintenance, 

alterations, or preventative maintenance on the UAS using the methods, techniques and practices 

prescribed in the operating documents. Sparktech Imagery LLC will document and maintain a 

maintenance record for its UAS. 

Sparktech Imagery LLC will have a Pilot in Command (PIC) that holds either an airline transport, 

commercial, private, recreational, or sport pilot certificate and medical certificate or valid US driver’s 

license. The PIC will operate the UAS within visual line of sight and use a visual observer at all times. All 

operations will be at a maximum of 400ft above ground level. The PIC will conduct pre-flight inspections 

with every flight; in addition a post-flight inspection will also be performed. To ensure further safety, no 

PIC will be allowed to operate the UAS unless that PIC has met certain flight-hour requirements, 

demonstrating that the PIC is able to safely operate either of the UAS including evasive and emergency 

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

Utilization of the built-in features in the DJI systems such as flight telemetry and records will be logged. 

Sparktech Imagery LLC’s operations utilizing the UAS will provide a great benefit to the general public 

and serve the interest of the public by providing a service that was once only available by hiring a 

much larger manned aircraft. In comparison, the UAS will provide a service of quality aerial 

photographic images and video to many different business and individuals for considerably less cost 

than that of utilizing a manned aircraft. In addition to saving money, the time required for setup and 

flight is also considerably shorter, including the fact that you are documenting on site versus taking off 

from an airport to then go to the location or site. These UAS have significant safety, noise, emission, 

security and environmental benefits, not available to larger manned aircrafts, by using battery power 

and electric motors. They also have numerous safety features such as ‘Failsafe mode’, automatic 

landing should the signal between PIC and the UAS be interrupted, GPS based altitude and distance 

locks, flight limit functions and low battery warnings. 

The use of the UAS will decrease congestion of the National Airspace System and reduce air and noise 

pollution. Further, by this reduction it can increase the safety of life and property in the air and on the 

ground. Airport congestion will also be reduced as the UAS do not require an airport for takeoff or 
 Petition for Exemption SPARKTECH IMAGERY LLC

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landing, thus aiding to reduce the load on the air traffic control during ground, departure, arrival and 

landing phases of flight operations.

Sparktech Imagery LLC proposed commercial operations would not implicate any privacy issues. The 

UAS will be operated in compliance with property owners, as well as any local law enforcement 

requests or notifications if applicable and in accordance with the Federal Aviation Regulations. 

Specific Sections of 14 C.F.R from which Sparktech 

Imagery LLC seeks exemption:

1. 45.23(b) Aircraft markings

2. Part 21, Subpart H Certification procedures; Airworthiness Certificates

3. 61.23(a) Medical Certificate requirements

4. 61.113(a) Private pilot privileges

5. 91.7(a) Airworthiness certificate

6. 91.119(c) Minimum safe altitudes

7. 91.121 Altimeter settings

8. 91.151(a) Fuel requirements for flights in VFR conditions

9. 91.405(a) Maintenance required

10. 91.407(a) (1) Operation after maintenance

11. 91.409(a)(1)and(2) Inspections

12. 91.417(a)&(b) Maintenance records

Extent of Relief and Reasons Requesting Relief

14 C.F.R.45.23(B): DISPLAY OF MARKS; GENERAL

Sparktech Imagery LLC has Unmanned Aircraft Systems, which, as unmanned, do not have a cabin, 

cockpit or pilot station to mark certain words. Furthermore, the two-inch lettering is also difficult to place 

on such a small aircraft. Sparktech Imagery LLC’s UAS will have identification by serial number, 

registered in accordance with 14 C.F.R. part, and have identification (N-Number) markings in 

accordance with 14 C.F.R. Part 45, Subpart C. Markings will be large as possible. The FAA has previously 

issued exemptions to this regulation through Exemptions Nos. 8738, 10167, 10700 and 11595.

14 C.F.R. PART 21, SUBPART H & 14 C.F.R. 91 – AIRWORTHINESS CERTIFICATES, MANUALS AND OTHER REQUIREMENTS

Sparktech Imagery LLC uses UAS that when considering their size, weight, speed, and the limited 

operating area associated with the aircrafts and their operations meet the conditions of Section 333, 

and requests relief from the regulation. With regards to the requirements 14 C.F.R 91.7(a); considering 

the exemption of requiring an airworthiness certificate, size and unmanned status of the UAS the 
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regulations are inapplicable to this operation. The petitioner will meet all safety requirements and 

registrations of the FAA and maintain a safety record and manual for the UAS. To ensure the UAS are 

airworthy, proper maintenance will be regularly applied. 

14 C.F.R. §61.23(A), 61.113 (A): MEDICAL CERTIFICATE & PRIVATE PILOT PRIVILEGES AND LIMITATIONS: OPERATOR.

Sparktech Imagery LLC’s UAS will not carry any persons on board. It will be remotely controlled and 

operated by a PIC holding either an airline transport, commercial, private, recreational, or sport pilot 

certificate ensuring that the PIC has the skills to safely operate the system in a manner acceptable to 

the FAA. In addition all PIC operators will go through guidance, training and meet certain flight-hour

requirements, demonstrating that the PIC is able to safely operate either of the UAS including evasive 

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

and structures prior to operating any of Sparktech Imagery LLC’s UAS. The PIC will hold either a current 

FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Columbia, 

Puerto Rico, a territory, a possession, or the Federal Government. All Sparktech Imagery LLC operations 

will be controlled and limited. All flights will be coordinated ahead of time ensuring a level of safety that 

is in accordance with FAA requirements.

14 C.F.R. § 91.119 : MINIMUM SAFE ALTITUDES

Sparktech Imagery LLC’s UAS will never operate at an altitude greater than 400 feet AGL unless other 

altitude limits are forthcoming by the FAA. The petitioner will operate the UAS in a manner protecting 

the public and any consenting participants, providing a level of safety at least equivalent to or below 

those in relation to minimum safe altitudes. 

14 C.F.R. § 91.121: ALTIMETER SETTINGS

Sparktech Imagery LLC’s UAS have no altimeter settings. They, however, utilize electronic global 

positioning systems with a barometric sensor providing instantaneous telemetry to the PIC as to the 

altitude (AGL) of the UAS above the takeoff location.

14 C.F.R. §91.151(A) FUEL REQUIREMENTS FOR FLIGHT IN VFR CONDITIONS.

Sparktech Imagery LLC believes that an equivalent level of safety can be achieved by following the 

UAS manufacturer’s operating documents with regard to battery voltage. In order to achieve or 

exceed the level of safety, the PIC will not begin a flight unless (considering wind and forecast weather 

conditions) there is enough power to conduct the intended operation and to operate after that for at 

least 5 minutes.
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14 C.F.R. § 91.405(A); 407 (A)(1); 409 (A) (1)&(2); 417(A)&(B): MAINTENANCE INSPECTIONS

Sparktech Imagery LLC operators and PIC will perform preventative and required maintenance on its 

UAS as required by the manufacturer and/or FAA safety/service bulletins. If a mechanical event occurs 

the UA will land immediately. The operator will make sure that the UAS is in an airworthy condition prior 

to each flight operation. The operator will perform maintenance on its UAS and will maintain thorough 

record keeping of any maintenance performed.

In order to meet or exceed level of safety as described in 14 C.F.R operations will include: 

Pre-flight operations: prior to each flight the PIC will conduct and preflight inspection of the UAS and 

Ground Control Station to ensure they are in such condition safe for flight. All discrepancies found 

during the preflight inspection will prohibit flight operations until the necessary maintenance has been 

performed and the UAS is found to be in a condition for safe flight. All discrepancies, maintenance, 

alterations will be properly documented in the aircraft records. 

If the UAS has undergone maintenance or alterations that affect the UAS operation or flight 

characteristics there will be a functional flight test by the PIC and the PIC will make and entry in the 

aircraft records. All maintenance will follow the UAS manufacturer’s aircraft/component, maintenance, 

overhaul, replacement and inspection requirements.

Each UAS will comply with all manufacturers’ safety bulletins. 

The operator will carry out its maintenance, inspections, and record keeping requirements, in 

accordance with the manufacturers operating documents. All 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. 

Authorized persons will make entry in the aircraft record of corrective action taken against 

discrepancies discovered between inspections.

STATUTORY AUTHORITY FOR EXEMPTION

In accordance with the FMRA, Section 333 & 334 states that the Secretary of Transportation has the 

authority to grant which types of unmanned aircraft systems can be used in the national airspace 

system and whether a certificate of waiver, authorization or airworthiness is required for operation. 

Furthermore, subject to operating restrictions required by the FAA, facilitate the capability of public 

agencies to develop, test and operate unmanned aircraft systems. 

 Petition for Exemption SPARKTECH IMAGERY LLC

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APPENDIX

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

enabling the user to set parameters which will not allow flight into controlled airspace. Parameters can 

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

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

information to the PIC via the linked monitor (smart phone/tablet devices). The following are the 

technical specifications of the DJI UAS to be used by Sparktech Imagery LLC:

DJI Phantom 2 Vision+ Technical Specifications

AIRCRAFT

Supported Battery DJI 5200mAH Li-Po Battery

Weight (Battery & Propellers Included)

Recommended payload

Maximum payload

1242g (2lbs 11.8oz)

≤ 1300g

1350g

Hovering Accuracy (Ready to Fly) Vertical: 0.8m; Horizontal 2.5m

Max Yaw Angular Velocity 200o/s

Max Tiltable Angle 35o

Max Ascent/Descent Speed Ascent: 6m/s; Descent: 2m/s

Max Flight Speed 15m/s [29knots] (Not Recommended)

Motor Diagonal Length 350mm

3-AXIAL STABILIZED GIMBAL

Working current Static: 750mA; Dynamic: 900mA

Control Accuracy ±0.03°

Controllable Range Pitch: -90o -0o

Maximum Angular Speed Pitch: 90o/s

Max Tiltable Angle 35o

CAMERA

Operating Environment Temperature 0oC-40oC

Sensor size 1/2.3”

Effective Pixels 14 Megapixels

Resolution 4384 x 3288

HD Recording 1080p30 / 1080i60

Recording FOV 110o / 85o
 Petition for Exemption SPARKTECH IMAGERY LLC

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DJI Phantom 2 Vision+ Technical Specifications cont’d

REMOTE CONTROLLER

Operating Frequency 5.728GHz – 5.85GHz

Communication Distance (open area) CE Compliance: 400m; 

FCC Compliance: 800m

Receiver Sensitivity (1%PER) -93dBm

Transmitting Power (EIRP) CE Compliance: 25mW; 

FCC Compliance: 100mW

Working Current / Voltage 120mA@3.7V

Battery 2000mAh rechargeable Li-Po battery

RANGE EXTENDER

Operating Frequency 2412MHz – 2462MHz

Communication Distance (open area) 500m – 700m

Transmitting power 20dBm

Power consumption 2W

The complete user manual for can be found: http://www.dji.com/product/phantom-2-vision/download

DJI Phantom 3 Professional Technical Specifications

AIRCRAFT

Weight (Battery & Propellers Included) 1280g (2lbs 13.1oz)

Max Ascent/Descent Speed Ascent: 5m/s; Descent: 3m/s

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

Max Flight Altitude 6000m

Max Flight Time Approx. 23minutes

Operating Temperature 0oC - 40oC

GPS mode GPS/GLONASS

GIMBAL

Controllable Range Pitch: -90o to + 30o
 Petition for Exemption SPARKTECH IMAGERY LLC

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DJI Phantom 3 Professional Technical Specifications cont’d

VISION POSITIONING

Velocity Range < 8m/s (2m above ground)

Altitude Range 30cm – 300cm

Operating Range 30cm – 300cm

Operating Environment Brightly lit (lux > 15) pattern surfaces

CAMERA

Sensor Sony EXMOR 1/2.3” Effective pixels:12.4 M 

(total pixels: 12.76 M)

Lens FOV 94° 20mm (35mm format equivalent) 

f/2.8

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

Electronic Shutter Speed 8s -1/8000s

Image Max size 4000 x 3000

Still Photography Modes Single shot

Burst shooting: 3/5/7 frames

Auto Exposure Bracketing (AEB): 3/5 

Bracketed frames at 0.7EV 

Bias Time-lapse

Supported SD Card Types Micro SD

Max. capacity: 64 GB. Class 10 or UHS-1 

rating required

Video Recording Modes UHD : 4096x2160p 24/25, 

3840x2160p24/25/30 

FHD:1920x1080p 24/25/30/48/50/60 

HD:1280x720p 24/25/30/48/50/60

Max. Bitrate Of Video Storage 60 Mbps

Supported File Formats FAT32/exFAT

Photo: JPEG, DNG

Video: MP4/MOV (MPEG-4 AVC/H.264)

Operating Temperature Range 0°C to 40°C
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DJI Phantom 3 Professional Technical Specifications cont’d

REMOTE CONTROLLER

Operating Frequency 2.400 GHz-2.483 GHz

Transmitting Distance 2000 m (Outdoor And Unobstructed)

Video Output Port USB

Operating Temperature Range 0°C- 40°C

Battery 6000 mAh LiPo 2S

Mobile Device Holder Tablets and smartphones

Transmitter Power(EIRP) FCC: 20 dbm; CE:16 dbm

Working Voltage 1.2 A @7.4 V

CHARGER

Voltage 17.4 V

Rated Power 100 W

INTELLIGENT FLIGHT BATTERY 

( PH3-4480 MAH-15.2 V )

Capacity 4480 mAh

Voltage 15.2 V

Battery Type LiPo 4S

Energy 68 Wh

Net Weight 365 g

Operating Temperature -10°C- 40°C

Max. Charging Power 100 W

The complete user manual for can be found: http://www.dji.com/product/phantom-3/download
 Petition for Exemption SPARKTECH IMAGERY LLC

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DJI Phantom Inspire 1 Technical Specifications

AIRCRAFT

Model T600

Weight (Battery & Propellers Included) 2935g (approx.6lbs 8oz)

Hovering Accuracy (P Mode) Vertical: 0.5 m Horizontal: 2.5 m

Max Angular Velocity Pitch: 300°/s Yaw: 150°/s

Max Tilt Angle 35°

Max Ascent/Descent Speed Ascent: 5m/s; Descent: 4m/s

Max Speed 22m/s (ATTI mode, no wind)

Max Flight Altitude 4500m

Max Wind Speed Resistance 10 m/s

Max Flight Time Approx. 18minutes

Motor Model DJI 3510

Propeller Model DJI 1345

Indoor Hovering Enabled by default

Operating Temperature -10oC - 40oC

Diagonal Distance 559 to 581mm

Dimensions 438 x 451 x 301 mm

GIMBAL

Model ZENMUSE X3

Output Power (With Camera) Static: 9 W; In Motion: 11 W

Operating Current Station: 750 mA; Motion: 900 mA 

Detachable

Angular Vibration Range ±0.03°

Mounting Detachable

Controllable Range Pitch: -90o to + 30o

Pan: ±320o

Mechanical Range Pitch: -125° to +45° 

Pan: ±330°

Mac Controllable Speed Pitch: 120° /s

Pan: 180°/s
 Petition for Exemption SPARKTECH IMAGERY LLC

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DJI Phantom Inspire 1 Technical Specifications cont’d

CAMERA

Name X3

Model FC350

Total Pixels 12.76M

Effective Pixels 12.4M

Image Max Size 4000 x3000

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

Electronic Shutter Speed 8s -1/8000s

Field of View (FOV) 94o

CMOS Sony EXMOR 1/2.3” 

Lens 20mm (35mm format equivalent) f/2.8 

focus at ∞

9 Elements in 9 groups

Anti-distortion

Still Photography Modes Single shot

Burst shooting: 3/5/7 frames

Auto Exposure Bracketing (AEB): 3/5 

bracketed frames at 0.7EV 

Time-lapse

Video Recording Modes UHD (4K): 4096x2160p 24/25, 

3840x2160p24/25/30 

FHD:1920x1080p 24/25/30/48/50/60 

HD:1280x720p 24/25/30/48/50/60

Max. Bitrate Of Video Storage 60 Mbps

Supported File Formats FAT32/exFAT

Photo: JPEG, DNG

Video: MP4/MOV (MPEG-4 AVC/H.264)

Supported SD Card Types Micro SD

Max. capacity: 64 GB. Class 10 or UHS-1 

rating required

Operating Temperature Range 0°C to 40°C
 Petition for Exemption SPARKTECH IMAGERY LLC

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DJI Phantom Inspire 1 Technical Specifications cont’d

REMOTE CONTROLLER

Name C1

Operating Frequency 922.7MHz~927.7 MHz (Japan Only) 

5.725~5.825 GHz;2.400~2.483 GHz

Transmitting Distance 2km (Outdoor And Unobstructed)

EIRP 10dBM@900m, 13dBm@5.8G, 

20dMb@2.4G

Video Output Port USB, Mini-HDMI

Power Supply Built-in battery

Charging DJI Charger

Dual User Capacity Host-and-Slave connection

Mobile Device Holder Tablets or smartphones

Output Power 9W

Operating Temperature Range -10°C- 40°C

Storage Temperature Range Less than 3months: -20oC – 45oC

More than 3months: 22oC – 28oC

Charging Temperature Range 0oC-40oC

Battery 6000 mAh LiPo 2S

CHARGER

Model A14-100P1A

Voltage 26.3 V

Rated Power 100 W

BATTERY (STANDARD)

Name Intelligent Flight Battery

Model TB47

Capacity 4500 mAh

Voltage 22.2 V

Battery Type LiPo 6S high voltage battery

Energy 99.9 Wh

Net Weight 570 g

Operating Temperature -10°C- 40°C

Storage Temperature Less than 3months: -20oC – 45oC

More than 3months: 22oC – 28oC

Charging Temperature 0oC-40oC

Max. Charging Power 180 W
 Petition for Exemption SPARKTECH IMAGERY LLC

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DJI Phantom Inspire 1 Technical Specifications cont’d

BATTERY (OPTIONAL)

Name Intelligent Flight Battery

Model TB48

Capacity 5700 mAh

Voltage 22.8 V

Battery Type LiPo 6S

Energy 129.96 Wh

Net Weight 670 g

Operating Temperature -10°C- 40°C

Storage Temperature Less than 3months: -20oC – 45oC

More than 3months: 22oC – 28oC

Charging Temperature 0oC-40oC

Max. Charging Power 180 W

VISION POSITIONING

Velocity Range Below 8 m/s (2 m above ground)

Altitude Range 5-500 cm

Operating Environment Brightly lit (lux > 15) patterned surfaces

Operating Range 0-250 cm

DJI PILOT APP

Mobile Device System Requirements iOS version 7.1 or later; 

Android version 4.1.2 or later

Supported Mobile Devices * iPhone 6 Plus, iPhone 6, iPhone 5S, iPad 

Air 2, iPad Mini 3, iPad Air, iPad Mini 2, 

iPad 4;* Samsung Note 3, Samsung S5, 

Sony Z3 EXPERIA;

* Note: It is recommended that you use a 

tablet for the best experience

The complete user manual for can be found: http://www.dji.com/product/inspire-1/download