UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC 

Regulatory Docket No. _FAA-2007-0001

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: 

DUSTIN NEIBAUR-HUNTINGTON

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF 

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 

91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL 

OPERATION OF DJI PHANTOM 3 PROFESSIONALAND DJI INSPIRE 1 

UNMANNED AIRCRAFT SYSTEMS 

PURSUANT TO SECTION 333 OF 

THE FAA MODERNIZATION AND REFORM ACT OF 2012 

(PUBLIC LAW 112-95) 

Submitted on Dec.15th, 2015 

Dustin Neibaur-Huntington

9663 Santa Monica Blvd

STE. 626

Beverly Hills, CA 90210

Tel: (310)993-8914
TABLE OF CONTENTS 

Page 

GLOSSARY OF ABBREVIATIONS...................................................................................3 

SUMMARY...........................................................................................................................4 

INTRODUCTION AND INTERESTS OF PETITIONER....................................................4 

BACKGROUND....................................................................................................................4 

BASIS FOR PETITION.........................................................................................................5 

NAME AND ADDRESS OF PETITIONER.............................................................7 

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH CORY L. KERSEY 

SEEKS EXEMPTION.................................................................8 

THE EXTENT OF RELIEF CORY L. KERSEYSEEKS AND THE REASON 

CORY L. KERSEYSEEKS THE RELIEF.........................11 

THE REASONS WHY GRANTING CORY L. KERSEY’S REQUEST WOULD 

BE IN THE PUBLIC INTEREST .........................................................15 

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT 

ADVERSELY AFFECT SAFETY..........................................................................19 

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER......34 

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS 

AVAILABLE TO SUPPORT CORY L. KERSEY’S REQUEST.........34 

CONCLUSION....................................................................................................................35 

APPENDICES........................................................................................37 

2 
GLOSSARY OF ABBREVIATIONS 

AGL Above Ground Level 

AOI Area of Interest 

ATC	 Air Traffic Control

ATO	 Air Traffic Organization

AV Aerial Vehicle 

CFR Code of Federal Regulations 

COA	 Certificate of Authorization

FAA Federal Aviation Administration 

FAR Federal Aviation Regulation 

GCS Ground Control Station 

GPS Global Positioning System 

LOL Loss of Link 

NAS National Airspace System 

NOTAM Notice to Airman 

PIC Pilot In Command 

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

SO Safety Observer 

SOP Standard Operating Procedures 

UA Unmanned Aircraft 

UAS Unmanned Aircraft System 

VFR Visual Flight Rules 

VLOS Visual Line of Site 

VMC Visual Meteorological Conditions 

VTOL Vertical Takeoff and Landing 

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SUMMARY 

Dustin Neibaur-Huntington seeks exemption from the requirements of 14 C.F.R §§ 

61.113(a) & 

(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) 

& (b), to operate an Unmanned Aircraft System pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit Dustin Neibaur-Huntington to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial video and photography of construction sites, real estate, and landscape over 

certain areas of the United States. 

INTRODUCTION AND INTERESTS OF THE PETITIONER 

Dustin Neibaur-Huntington provides its clients withaerial photo and video. Dustin 

Neibaur-Huntington has over 8 years of professional video and photography andis recognized as an expert in cinematography. He has over 5 years recreational/hobby experience

in all aspects of aerial video and photography. The objective of Dustin Neibaur-Huntington

aerial video and photography operations is to providehigh quality imaging for a variety of 

commercial, public, and residential uses, specifically targeting:

• Motion Picture Filming 

• Aerial acquisitions used for inspections of public and private structures. 

• Increase public knowledge of UAS and promote safe UAS operations.

• Search and Rescue operations 

BACKGROUND 

Unmanned Aircraft Systems: DJI Phantom 3,DJI Inspire 1 UASs Dustin Neibaur-Huntington seeks an exemption to operate DJI systemsfor compensation or hire within

the NAS. TheDJI Phantom 3 Professionaland DJI Inspire 1 are vertical takeoff 

4 
and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. The DJI Phantom 3 Professionalhas a 

maximum gross weight of approximately 2 pounds 11 ounces, while having a length of 16 

inches width of 16 inches, height of 8 inches, and a maximum speed of approximately 29 

knots. The DJI Inspire 1 has a maximum gross weight of 6 pounds 7.5 ounces, a length of 

17.3 inches, width of 17.7 inches, height of 11.8 inches, and a maximum speed of approximately 42 knots. The DJI Phantom 3 Professionaland DJI Inspire 1UAs are equippedwith

four main rotors; driven by Lithium Polymer battery powered electric motors. 

The DJI Phantom 3 Professionaland DJI Inspire 1 UAs that will be operated by 

Dustin Neibaur-Huntington will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft, as well as 14 C.F.R Part 47, Aircraft Registration, and marked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking. 

BASIS FOR PETITION 

Petitioner, Dustin Neibaur-Huntington, 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 theDJI Phantom 3 Professional, 

DJI Inspire 1 UASs in the National Airspace System (NAS), and for an exemption from 

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

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

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

with the unmanned aircraft and its operation, Dustin Neibaur-Huntington’s operation of DJI 

Phantom 3 Professionaland DJI Inspire 1 UASs meets the conditions of FMRA Section 333 

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

21, Subpart H. 

Accordingly, Dustin Neibaur-Huntington 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. 

Dustin Neibaur-Huntington submits that the requested relief is proper since an 

equivalent level of safety will be ensured. Dustin Neibaur-Huntington will use experienced

personnel or technicians to perform maintenance, alterations, or preventive maintenance on 

the UASs using the methods, techniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Professional and DJI Inspire 1 

Instruction Manual). Furthermore, Dustin Neibaur-Huntington will document and maintain

all maintenance records for the DJI Phantom 3 Professionaland DJI Inspire 1 UASs. 

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

privileges and limitations: Pilot in command, is requested by Dustin Neibaur-Huntington 

to the extent necessary to allow a Pilot in Command (PIC) holding a private pilot or higher level certificate, as well as an airman medical certificate, and who has demonstrated,

by meeting minimum flight-hour and currency requirements, that the PIC is able to safely

operate the DJI Phantom 3 ProfessionalandDJI Inspire 1 UASs in a manner consistent with

this exemption, including evasive and emergency maneuvers and maintaining appropriate 

distances from people, vessels, vehicles and structures. 

6 
Dustin Neibaur-Huntington seeks relief from Section 91.7(a), entitled Civilaircraft 

airworthiness, because the DJI Phantom 3 Professionaland DJI Inspire 1 UASs do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such,

Dustin Neibaur-Huntington submits that hewill ensure that the DJI Phantom 3 Professionaland DJI Inspire 1UASs are in an airworthy condition, prior to every flight, by determining

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

Log, and DJI Phantom 3 Professionaland DJI Inspire 1 InstructionManual), and that the 

aircraft are in a condition for safe flight. 

Dustin Neibaur-Huntington also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings, as the DJI Phantom 3 Professionaland DJI Inspire 

1 UAs will not have a typical barometric altimeter onboard. However, altitude information

of the DJI Phantom 3 Professionaland DJI Inspire 1UAs 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 Dustin Neibaur-Huntington’s operation of the DJI 

Phantom 3 Professional and DJI Inspire 1 UASs within visual line of sight, at or below 500

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

Additionally, Dustin Neibaur-Huntington seeks an exemption from the requirements 

of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions. Dustin Neibaur-Huntington submits that safety will not be affected by operation of the DJI Phantom

3 Professionaland DJI Inspire 1 UAs during daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fly for a total

duration of 

7 
approximately 13.5 minutes to the first point of intended landing and, assuming normal 

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

In accordance with 14 C.F.R. § 11.81, Dustin Neibaur-Huntington provides the 

following information in support of its petition for exemption:

A.Name And Address Of The Petitioner. 

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

Dustin Neibaur-Huntington

9663 Santa Monica Blvd

STE 626

Beverly Hills, CA 90210

310-993-8914

DUSTIN@JOHNRUSSOPHOTO.COM

B. The Specific Sections Of 14 C.F.R. From Which Dustin Neibaur-Huntington Seeks 

Exemption. 

1. Dustin Neibaur-Huntington Seeks Exemption From The Requirements Of 

Section 61.113(a) And (b). 

Section 61.113, entitled Private pilot privileges and limitations: Pilot in command, 

subsections (a) and (b) prescribe the following, in relevant part: 

(a) No person who holds a private pilot certificate may act as a pilot in command 

(PIC) of an aircraft that is carrying passengers or property for compensation or 

hire; nor may that person, for compensation or hire, act as PIC of an aircraft. 

(b) A private pilot may, for compensation or hire, act as PIC of an aircraft in 

connection with any business or employment if—

(1) The flight is only incidental to that business or employment; and 

(2) The aircraft does not carry passengers or property for compensation or hire. 

2.Dustin Neibaur-Huntington Seeks Exemption From The Requirements Of 

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(a) No person may operate a civil aircraft unless it is in an airworthy condition. 

3.Dustin Neibaur-Huntington Seeks Exemption From The Requirements Of 

Section 91.121. 

Section 91.121, entitled Altimeter settings, subsection (a), states the following, in 

part: 

(a) Each person operating an aircraft shall maintain the cruising altitude or flight 

level of that aircraft, as the case may be, by reference to an altimeter that is set, 

when operating--

(1) Below 18,000 feet MSL, to--

(i) The current reported altimetersetting 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. 

4.Dustin Neibaur-Huntington Seeks Exemption From The Requirements Of 

Section 91.151(b). 

Section 91.151, entitled Fuel requirements for flight in VFR conditions, subsection 

(b), states the following: 

(b) No person may begin a flight in a rotorcraft under VFR conditions unless 

(considering wind and forecast weather conditions) there is enough fuel to fly 

to the first point of intended landing and, assuming normal cruising speed, to 

fly after that for atleast 20 minutes. 

5.Dustin Neibaur-Huntington Seeks Exemption From The Requirement Of 

Section 91.405(a). 

Section 91.405, entitled Maintenance required, subsection (a), states the following: 

Each owner or operator of an aircraft— 

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(a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall 

between required inspections, except as provided in paragraph (c) of this section,

have discrepancies repaired as prescribed in part 43 of this chapter[.] 

6. Dustin Neibaur-Huntington Seeks Exemption From The Requirements Of 

Section 91.407(a)(1) 

Section 91.407, entitled Operation after maintenance, preventive maintenance, 

rebuilding, or alteration,subsection (a)(1), states the following: 

(a) No person may operate any aircraft that has undergone maintenance, preventive 

maintenance, rebuilding, or alteration unless-- 

(1) It has been approved for return to service by a person authorized under § 

43.7 of this chapter[.] 

7. Dustin Neibaur-Huntington Seeks Exemption From The Requirements Of 

Sections 91.409(a)(1) And 91.409(a)(2). 

Section 91.409, entitled Inspections, subsection (a), states the following:

(a) Except as provided in paragraph (c) of this section, no person may operate an 

aircraft unless, within the preceding 12 calendar months, it has had --

(1) An annual inspection in accordance with part 43 of this chapter and has been

approved for return to service by a person authorized by § 43.7 of this chapter; or 

(2) An inspection for the issuance of an airworthiness certificate in accordance 

with part 21 of this chapter. 

8. Dustin Neibaur-Huntington Seeks Exemption From The Requirements Of Sections 

91.417(a) And 91.417(b). 

Section 91.417, entitled Maintenance records, subsections (a) and (b), state the 

following: 

(a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section: 

(1) Records of the maintenance, preventive maintenance, and alteration and 

records of the 100-hour, annual, progressive, and other required or approved 

inspections, as appropriate, for each aircraft (including the airframe) and 

10 
each engine, propeller, rotor, and appliance of an aircraft. The records must 

include-- 

(i) A description (or reference to data acceptable to the Administrator) of the 

work performed; and 

(ii) The date of completion of the work performed; and 

(iii) The signature, and certificate number of the person approving the 

aircraft for return to service. 

(2) Records containing the following information: 

(i) The total time in service of the airframe, each engine, each propeller, and 

each rotor. 

(ii) The current status of life-limited parts of each airframe, engine, 

propeller, rotor, and appliance. 

(iii) The time since last overhaul of all items installed on the aircraft which 

are required to be overhauled on a specified time basis. 

(iv) The current inspection status of the aircraft, including the time since the 

last inspection required by the inspection program under which the 

aircraft and its appliances are maintained. 

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

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

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

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

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

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

propellers, and appliances. 

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

prescribed: 

(1) The records specified inparagraph (a)(1) of this section shall be retained until

the work is repeated or superseded by other work or for 1 year after the work

is performed. 

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

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

11 
(3) A list of defects furnished to a registered owner or operator under § 43.11 of 

this chapter shall be retained until the defects are repaired and the aircraft is 

approved for return to service. 

C. The Extent Of Relief Dustin Neibaur-Huntington Seeks And The Reason Dustin Neibaur-Huntington Seeks The Relief. 

1. Extent Of Relief Dustin Neibaur-Huntington Seeks And The Reason Dustin 

Neibaur-Huntington Seeks Relief From Section 61.113(a) And (b). 

Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations: Pilot in command, is requested to the extent necessary to allow a PIC holding a private pilot or higher level certificate, as well as a current and valid airman medical certificate,

and who has met certain flight-hour and currency requirements, to conduct the proposed

UAS flight operations for compensation or hire. 

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

state that a private pilot may, for compensation or hire, act asPIC 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, Dustin Neibaur-Huntington submits that an equivalent 

level of safety will be maintained because no PIC will be allowed to operate the DJI Phantom 3 ProfessionalUAS or DJI Inspire 1 UAS unless that PIC has met certain flight-hour

and currency requirements, demonstrating that the PIC is able to safely operate either the 

DJI Phantom 3 Professionalor DJI Inspire 1 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. 

12 
Further, Dustin Neibaur-Huntington submits that all flights of the DJI Phantom 3

Professional and DJI Inspire 1 UASs, conducted by the PIC pursuant to the grant of this 

Petition: (1) will be incidental to Dustin Neibaur-Huntington’s business; and (2) will not

carry passengers or property for compensation or hire. 

2. Extent Of Relief Dustin Neibaur-Huntington Seeks And The Reason Dustin 

Neibaur-Huntington Seeks Relief From Section 91.7(a). 

Relief from Section 91.7(a) entitled Civil aircraft airworthiness, is requested to 

the extent required to allow Dustin Neibaur-Huntington to determine that the DJI Phantom 

3 Professional and DJI Inspire 1 UASs are in airworthy condition prior to every flight by

ensuring that the UAS is in compliance with the operating documents (i.e., the Dustin Neibaur-Huntington Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 

3 Professionaland DJI Inspire 1 Instruction Manual). 

Dustin Neibaur-Huntington seeks the requested relief because theDJI Phantom 

3 Professional and DJI Inspire 1 UASs do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Dustin Neibaur-Huntington will

ensure that the DJI Phantom 3 Professionaland DJI Inspire 1 UASs are in airworthy condition based upon its compliance with the operating documents (i.e., Monthly Maintenance

Log, and DJI Phantom 3 Professionaland DJI Inspire 1 Instruction Manual) prior to every 

flight, and further, determine that the aircraft are in condition for safe flight, as stated in the

conditions and limitations below.

3. Extent Of Relief Dustin Neibaur-Huntington Seeks And The Reason Dustin 

Neibaur-Huntington Seeks Relief From Section 91.121. 

Relief from Section 91.121, entitled Altimeter settings, may be required to allow 

flight operations of theDJI Phantom 3 Professionaland DJI Inspire 1 UASs, which utilize a

barometric pressure sensor, GPS equipment, and a radio communications telemetry data 

13 
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), Dustin Neibaur-Huntington seeks the requested relief because the DJI Phantom 3 Professionaland DJI Inspire 1 

UA’s altimeter may be set on the ground to zero feet AGL, rather than the local barometric 

pressure or field altitude, before each flight. 

Considering the limited altitude of the proposed operations, relief from 14 CFR 

91.121 is sought to the extent necessary to comply with the applicable conditions and 

limitations stated below. As more fully set forth herein, an equivalent level of safety will 

be maintained since the DJI Phantom 3 Professionaland DJI Inspire 1 UAs are equipped 

with a barometric pressure sensor and GPS equipment, which automatically ensures that a 

ground level pressure setting will be established prior to each flight, and provides the PIC 

with altitude information of the UA on the heads-up display of the GCS. 

4. Extent Of Relief Dustin Neibaur-Huntington Seeks And The Reason Dustin 

Neibaur-Huntington Seeks Relief From Section 91.151(b). 

Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is requested to the extent required to allow flights of the battery powered DJI Phantom 3 Professionaland DJI Inspire 1 UAs during daylight hours in visual meteorological 

conditions (VMC), under visual flight rules (VFR), for a total duration of 13.5 minutes to

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

at least 4.5 minutes.Dustin Neibaur-Huntington seeks the requested relief because without

an exemption from Section 91.151(b), the flight time duration of the battery powered DJI

Phantom 3 Professionaland DJI Inspire 1 UAs will severely constrain the 

14 
practicality of any aerial video or still photo flight operations that Dustin Neibaur-Huntington proposes to conduct pursuant to this Petition. 

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

Professionaland DJI Inspire 1 UASs, the DJI Phantom 3 Professionaland DJI Inspire 1 operating documents, and Dustin Neibaur-Huntington’s proposed operating limitations, ensure 

that Dustin Neibaur-Huntington’s will safely operate the battery powered DJI Phantom 3

Professionaland DJI Inspire 1 UAs during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery power to fly for a total

duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising

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

5. Extent Of Relief Dustin Neibaur-Huntington Seeks And The Reason Dustin 

Neibaur-Huntington Seeks Relief From Sections 91.405(a), 91.407(a)(1), 

91.409(a)(1) & (a)(2), 

And 91.417(a) & (b). 

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

only apply to aircraft with an airworthiness certificate, Dustin Neibaur-Huntington requests 

relief from these Sections because the DJI Phantom 3 Professionaland DJI Inspire 1 UASs 

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

Professionaland DJI Inspire 1 UASs meet the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingly, Dustin Neibaur-Huntington 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 Dustin Neibaur-Huntington Aerial Operations Manual, Monthly Maintenance 

Log, and DJI Phantom 3 Professionaland DJI Inspire 1 Instruction Manual). Furthermore,-

Dustin Neibaur-Huntington will document and maintain all maintenance records for the DJI

Phantom 3 

15 
D. The Reasons Why Granting Dustin Neibaur-Huntington’s Request Would Be In 

The Public Interest; That Is, How It Would Benefit The Public As A Whole. 

Granting the present Petition will further the public interest by allowing Dustin 

Neibaur-Huntington to safely, efficiently, and economically perform aerial video and

photography of construction sites, real estate, and landscape over certain areas of the 

United States. 

Additionally, use of the DJI Phantom 3 Professionaland DJI Inspire 1 UASs will 

decrease congestion of the NAS, reduce pollution, and provide significant benefits to the 

economy. Notably, the benefits of Dustin Neibaur-Huntington’s proposed operation of the 

DJI Phantom 3 Professionaland DJI Inspire 1 UASs will be realized without implicating

any privacy issues. 

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

The DJI Phantom 3 Professionaland DJI Inspire 1 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 Professionalor DJI Inspire 1 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 willbe reduced. The 

DJI Phantom 3 Professionaland DJI Inspire 1 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 byair traffic control during 

the ground, takeoff, departure, arrival, and landing phases of flight operations. 

16 
2. The Public Will Benefit From The Safety And Efficiency Of The DJI 

Phantom 3 Professionaland DJI Inspire 1 UASs. 

Conducting aerial acquisitions with the DJI Phantom 3 Professionaland DJI Inspire 

1 UASs, instead of manned aircraft, will greatly benefit the public by drastically reducing the levels of air and noise pollution generated during traditional aerial video and still 

photography flight operations. By using battery power and electric motors, the DJI Phantom 3 Professionaland DJI Inspire 1 UASs produce no air pollution, and is the most viable 

environmentally conscious alternative to the cabin class, six cylinder internal combustion 

engineaircraft 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 Professionaland DJI Inspire 1 UAs, while reducing the carbon footprint of aerial acquisitions,

also eliminates noise pollution, as the UAs are propelled by battery powered electric motors, rather than an internal combustion engine. 

By using the DJI Phantom 3 Professionaland DJI Inspire 1 UASs to perform aerial 

acquisitions, the substantial risk to life and property in the air and on the ground, which

is usually associated with traditional manned aircraft flight operations, will be substantially reduced or completely eliminated. Aside from the lack of flight crew members located 

onboard the aircraft, the DJI Phantom 3 Professionaland DJI Inspire 1 UAs (weighing approximately 2 pounds 11 ounces and 6 pounds 7.5 ounces respectively, at their maximum 

gross weights with lengths of 16 inches and 17.3 inches respectively, widths of 16 inches

and 17.7 inches respectively, and with no fuel on board), has less physical potential for collateral damage to life and property on the ground, and in the air, compared to the manned 

aircraft that typically conduct similar operations (weighing approximately 

17 
6,000 pounds with a wingspan of approximately 42 feet, a length of 34 feet, and a fuel 

capacity of 180 gallons). 

3. Performing Aerial Video and Photography Operations With The DJI Phantom 3 Professionaland DJI Inspire 1 UASs Will Benefit The Economy. 

In addition to being safe and efficient, theDJI Phantom 3 Professionaland DJI Inspire 1 UASs are also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the DJI Phantom 3 Professionaland DJI Inspire 

1 UASs will allow United States based companies, like Dustin Neibaur-Huntington, 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 Professionaland DJI Inspire 1 UASs is one such technology that

not only allows companies greater operational flexibility compared to manned aircraft, but

provides such flexibility without the high operational cost of a traditional manned aircraft. 

By operating the DJI Phantom 3 Professionaland DJI Inspire 1UASs, companies 

such as Dustin Neibaur-Huntington, can remaincompetitive 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 Professionaland DJI Inspire 1UASs, provides a stable workforce that increases consumer spending; improves local, state, and

federal tax revenues; and allows companies to invest in research and development in order

to remain competitive both in the United States and abroad. 

4. There Are No Privacy Issues. 

18 
Similar to the manned aerial acquisition flight operations that have been conducted for decades, Dustin Neibaur-Huntington’s proposed operation of the DJI Phantom 3 Professionaland DJI Inspire 1 UASs will not implicate any privacy issues. Specifically, the DJI Phantom

3 Professionaland DJI Inspire 1 UASs will be operated only in compliance with operating 

documents (i.e., the Dustin Neibaur-Huntington Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Professionaland DJI Inspire 1 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 Dustin Neibaur-Huntington Seeks Exemption. 

1. Reasons Why The DJI Phantom 3 Professionaland DJI Inspire 1 UAsMeet 

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, Dustin Neibaur-Huntington’s operation of the 

DJI Phantom 3 Professionaland DJI Inspire 1 UASsmeet the conditions of FMRA Section 

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

Subpart H. 

Section 333 provides authority for a UAS to operate without airworthiness certification and sets forth requirements for considering whether a UAS will create a hazard to

users of the NAS or the public, or otherwise pose a threat to national security. Specifically,

FMRA Section 333 states the following, in part: 

(a) In General.--Notwithstanding any other requirement of this subtitle, and not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall determine if certain unmanned aircraft systems may 

19 
operate safely in the national airspace system before completion of the plan and 

rulemaking required by section 332 of this Act or the guidance required by section 334 of this Act. 

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

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

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

weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight do not create a hazard 

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

national security; and 

(2) whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, United States Code, is 

required for the operation of unmanned aircraft systems identified under 

paragraph (1). 

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

that certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of 

such aircraft systems in the national airspace system. 

In seeking this exemption,Dustin Neibaur-Huntington submits that the DJI Phantom 

3 Professionaland DJI Inspire 1UASs can operate safely in the NAS pursuant to FMRA 

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

and DJI Inspire 1 UASs; (b) the pilot certification requirement; and (c) the specific operating limitations. 

a. The Specifications Of The DJI Phantom 3 Professionaland DJI Inspire 1 

UASs Demonstrate Its Safe Characteristics. 

The DJI Phantom 3 Professionaland DJI Inspire 1 UASs do not create a hazard to 

users of the NAS or the public, or otherwise pose a threat to national security considering 

its size, weight, speed, and operational capability. 

i. Technical Specifications Of The DJI Phantom 3 Professionaland DJI 

Inspire 1UASs. 

20 
The technical specifications of the DJI Phantom 3 Professionaland DJI Inspire 1 

UASs are set forth by the DJI Phantom 3 Professionaland DJI Inspire 1 Specifications and 

Data Sheet, attached hereto as Exhibit A and B. 

ii. The DJI Phantom 3 Professionaland DJI Inspire 1 UASs Autonomous Flight And Navigation Modes Enable The UASs To Remain 

Within A Defined Operational Area. 

The DJI Phantom 3 Professionaland DJI Inspire 1 UASs may be operated in both 

manual and fully autonomous flight modes. A complete description of the flight and navigational modes of the DJI Phantom 3 Professionaland DJI Inspire 1 UASs is provided at pages 

25-35 of the DJI Phantom 3 Professional and pages 12-16 and 45-50 of the DJI Inspire 1 

User Manuals, attached hereto as Exhibit C and D. 

iii. The DJI Phantom 3 Professionaland DJI Inspire 1 UASs Are Designed For Automatic Return To Home Point Or Hover In The Event 

Of Loss Of The Control Link Or Navigation. 

When the Control Link is lost, the DJI Phantom 3 Professionaland DJI Inspire 

1 UAswill remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI 

Phantom 3 Professionaland DJI Inspire 1 UAs do not reacquire control link data from the 

GCS, the UAs will assume that the Control Link is lost and the UAs will return to the home

position (i.e., failsafe mode) via GPS, and will descend to the takeoff position and shutdown. 

A complete description of the Failsafe Functions of the DJI Phantom 3 Professional 

UAS are set forth at pages 27 through 29 and for the DJI Inspire 1 at pages 13 through 15 of 

the DJI Phantom 3 Professionaland DJI Inspire 1 User Manuals, attached hereto as Exhibit 

C and D. 

iv. The DJI Phantom 3 Professionaland DJI Inspire 1 GCS And Its 

Operation. 

21 
A complete description of the operation and specifications of the DJI Phantom

3 Professionaland DJI Inspire 1 GCS and flight control software is provided at pages 32 

through 43 of the DJI Phantom 3 ProfessionalUser Manual and pages 40 through 47 of the 

DJI Inspire 1 User Manual. DJI Phantom 3 Professionaland DJI Inspire 1User Manuals are 

attached hereto as Exhibits C and D. 

b. Flight Operations Of DJI Phantom 3 Professionaland DJI Inspire 1 

UASs Are Limited To The Line Of Sight Of A Certificated Pilot in 

Command With A Safety Observer. 

Dustin Neibaur-Huntington 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 Professionaland DJI Inspire 1 UASs. Additionally, a safety observer will assist all pilots 

during flight time. 

c. Flights Of DJI Phantom 3 Professionaland DJI Inspire 1UASs Will Be 

Conducted Pursuant To Specific Operating Limitations. 

In seeking this exemption, Dustin Neibaur-Huntington proposes to commercially 

operate DJI Phantom 3 Professionaland DJI Inspire1UASs for the special purpose of conducting aerial video and photography over certain areas of United States, pursuant to the 

following specific operating limitations:

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

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

55 pounds maximum gross weight: DJI Phantom 3 Professionaland DJI Inspire

1Unmanned Aircraft Systems. Proposed operations of any other aircraft will require a new petition or a petition to amend this grant. 

2. UAS operations under this exemption will be limited to conducting operations for

the purpose of aerial video and photography. 

3. The UAs may not be flown at an indicated airspeed exceeding 20 knots.

4. The UA mustbe operated at an altitude of no more than 500 feet above ground 

level (AGL), as indicated by the procedures specified in the operating 

22 
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 textingis not permitted during flight operations. The PIC must

be designated before the flight and cannot transfer his or her designation for the 

duration of the flight. The PIC must ensure that the SO can perform the functions

prescribed in the operating documents. 

8. The SO must not perform any other duties beyond assisting the PIC with seeing 

and avoiding other air traffic and other ground based obstacles/obstructions and 

is not permitted to operate the camera or other instruments. 

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

UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations contained in the grant of

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

must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating 

documents. It is the operator’s responsibility to track such revisions and present 

updated and revised documents to the Administrator upon request. The operator 

must also present updated and revised documents if it petitions for extension or 

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

or revision would affect the basis upon which the FAA granted the exemption,

then the operator must petition for amendment to its grant of exemption. The 

FAA’s UAS Integration Office (AFS-80) may be contacted if questions arise

regarding updates or revisions to the operating documents. 

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 preflightinspection. All maintenance and alterations must be properly documented in the 

aircraft records. 

23 
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, includingtotal 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 personmust make an entry in the aircraft record of the corrective action taken against discrepancies discovered between inspections. 

17. The PIC must possess at least a private pilot certificate and at least a current 

third-class medical certificate. 

18. The operator may not permit any PIC to operate unless the PIC meets the 

operator’s qualification criteria and demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under

the exemption, including evasive and emergency maneuvers and maintaining 

appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours must be logged in a manner consistent with 14 C.F.R. §

61.51(b). Flights for the purposes of training the operator’s PICs are permitted 

under the terms of the exemption. However, training operations may only be

conducted during dedicated training sessions. During training, proficiency, and

experience-building flights, all persons not essential for flight operations areconsidered 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. 

24 
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. 

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 enforcementofficial upon request. 

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

operations and activities at all times. 

25 
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 thosepersons 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. 

2. Reasons Why An Exemption From The Requirements Of Section 61.113(a) 

And (b) Would Not Adversely Affect Safety. 

Dustin Neibaur-Huntington submits that the equivalent level of safety established 

by Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate

the DJI Phantom 3 Professionaland DJI Inspire 1UASs unless that PIC has demonstrated, 

by meeting minimum flight-hour and currency requirements, that the PIC is able to safely 

operate the DJI Phantom 3 ProfessionalorDJI Inspire 1UAS in a manner consistent with 

26 
the exemption, including evasive and emergency maneuvers and maintaining appropriate 

distances from people, vessels, vehicles and structures. 

Considering Dustin Neibaur-Huntington’s proposed area of operations, and the operating limitations set forth-above; the parallel nature of private pilot aeronautical knowledge requirements to those of commercial pilot requirements (See Exemption No. 11062); 

and the airmanship skills necessary to safely operate the DJI Phantom 3 ProfessionalorDJI 

Inspire 1UAS, Dustin Neibaur-Huntington submits that the additional manned airmanship 

experience of a commercially certificated pilot would not correlate to the airmanship skills

necessary for Dustin Neibaur-Huntington’s specific proposed flight operations. 

The FAA has previously granted relief from Section 61.113(a) and (b) specific to 

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

Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 

11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161). 

Dustin Neibaur-Huntington will not allow any PIC to operate the DJI Phantom 3

Professional orDJI Inspire 1 UAS unless that PIC has demonstrated, by meeting minimum 

flight-hour requirements or the DJI Phantom 3 ProfessionalorDJI Inspire 1UAS training

and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 ProfessionalorDJI Inspire 1UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. 

Specifically, the PIC must have accumulated and logged, in a manner consistent 

with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5 hours of those hours as a UAS pilot operating the same make and model of 

27 
UAS to be used for operations under the exemption). In addition to the hour requirements, 

the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency 

purposes). 

As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience

that was obtained in compliance with applicable regulations will ensure an equivalent level

of safety during Dustin Neibaur-Huntington’s proposed operations. The Administrator has 

held that prior documented flight experience that was obtained in compliance with applicable regulations would ensure safe operations, stating as follows: 

In Exemption No. 11062, the FAA required that prior to conducting operations for 

the purpose of motion picture filming (or similar operations), the PIC must have 

accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours

of total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS 

pilot with a multi-rotor UAS. Prior to operations under Exemption No. 11062, the 

PIC must also have accumulated and logged a minimum of 5 hours as a UAS pilot 

operating the same make and model of UAS to be used for operations under the exemption. For clarification, the FAA considers these minimum hour requirements to

be inclusive rather than additive; i.e. 5 hours make and model time may be included 

in the 10 hours of multi-rotor time and the 10 hours may be included in the total 25 

hours of UAS rotorcraft time. In addition to the hour requirements, the PIC must 

accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes). The FAA finds that at a minimum, the flight-hour requirements in Exemption

No. 11062 are appropriate to practice and build proficiency in the skills necessary

to safely conduct the petitioner’s proposed operations. The FAA also finds that prior

documented flight experience that was obtained in compliance with applicable regulations would satisfy this requirement. Training, proficiency, and experience-building flights can also be conducted under the grant of exemption to accomplish the

required flight time. During training, proficiency, and experience-building flights

the PIC is required to operate the UA with appropriate distances in accordance with

14 C.F.R 91.119. 

Exemption No. 11138 at page 15. 

Accordingly, Dustin Neibaur-Huntington will ensure safe operations by not allowing

any PIC to operate the DJI Phantom 3 ProfessionalorDJI Inspire 1UAS unless that PIC has 

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

able to safely operate the DJI Phantom 3 Professional or DJI Inspire 1 UAS in a manner 

28 
consistent with the exemption, including evasive and emergency maneuvers and 

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

3. Reasons Why An Exemption From The Requirements Of Section 91.7(a) 

Would Not Adversely Affect Safety. 

The equivalent level of safety established by Section 91.7(a) will be maintained because prior to every flight, Dustin Neibaur-Huntington will ensure that the DJI Phantom 3 

ProfessionalorDJI Inspire 1UAS is in an airworthy condition based upon the UAS’s compliance with its operating documents and as stated in the conditions and limitations herein. 

Additionally, the FAA has previously granted relief from Section 91.7(a) specific 

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

Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 

11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). 

4. Reasons Why An Exemption From The Requirements Of Section 91.121 

Would Not Adversely Affect Safety. 

The equivalent level of safety established by Section 91.121 will be maintained 

because the altitude information of the DJI Phantom 3 Professionaland DJI Inspire 1UAs 

will be provided to the PIC via GPS equipment and a radio communications telemetry data 

link, which downlinks from the UA to the GCS for active monitoring of the flight path and 

altitude. This altitude information, combined with Dustin Neibaur-Huntington’s operation 

of the DJI Phantom 3 Professionaland DJI Inspire 1UAs within visual line of sight, at or

below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121. The altitude information will be generated by GPS equipment installed onboard the aircraft. Prior

to each flight, a zero altitude initiation point is automatically established by the UASs at 

ground level. 

29 
The FAA has previously granted relief from Section 91.121 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 

11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 

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

5. Reasons Why An Exemption From The Requirements Of Section 91.151(b) 

Would Not Adversely Affect Safety. 

A grant of this exemption would ensure an equivalent level of safety established

by 14 C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the DJI 

Phantom 3 Professionaland DJI Inspire 1 UASs; (2) the limitations on the proposed flight 

operations; and (3) the location of the proposed flight operations. Accordingly, Dustin Neibaur-Huntington will ensure that it will safely operate the battery powered DJI Phantom 3 

Professionaland DJI Inspire 1UAs during daylight hours in VFR conditions, with enough 

battery power to fly for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes. 

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

3 Professionaland DJI Inspire 1UASs; the limitations on the proposed flight operations;

and the location of the proposed operations, will ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b). Furthermore, safety will be ensured as the DJI 

Phantom 3 Professionaland DJI Inspire 1UASs provide audible and visual warnings to the 

PIC at the GCS when the UAs experiences low battery voltage, the first warning occurring 

at approximately 33% remaining battery power, and again at approximately 10% remaining battery power. At the critically low battery level, the DJI Phantom Vision+ and DJI

Inspire 1 UASs will descend and land automatically. 

30 
Significantly, previous exemptions granted by the FAA concerning Section 91.151 

establish that safety is not adversely affected when the technical characteristics and operating limitations of the UAS are considered. Relief has been granted for manned aircraft 

to operate at less than the minimums prescribed in Section 91.151, including Exemption 

Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted relief from Section 

91.151 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 

11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 

11157, 11158, 11159, 11160, 11161). 

6. Reasons Why An Exemption From The Requirements Of Sections 91.405(a), 

91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would Not Adversely 

Affect Safety. 

In seeking this exemption, Dustin Neibaur-Huntington submits that the equivalent 

level of safety with regard to the regulatory maintenance and alteration requirements established by Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will

be met because Dustin Neibaur-Huntington will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, 

and practices prescribed in the operating documents (i.e., the Dustin Neibaur-Huntingto 

Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Professionaland 

DJI Inspire 1 Instruction Manual). Furthermore, Dustin Neibaur-Huntington will document

and maintain all maintenance records for the DJI Phantom 3 Professionaland DJI Inspire 1 

UASs. 

Since the DJI Phantom 3 Professionaland DJI Inspire 1 UASs will be inspected as 

prescribed by the operating documents, Dustin Neibaur-Huntington will maintain the equivalent level of safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A 

copy of the DJI Phantom 3 Professionaland DJI Inspire 1 User Manuals are attached hereto 

31 
C and D; a copy of the DJI Phantom 3 Professionaland DJI Inspire 1 UAS Maintenance 

LOG is attached hereto as Exhibit E. 

Likewise, the exemption sought will not adversely affect safety because Dustin Neibaur-Huntington will use trained technicians to perform maintenance, alterations or preventive maintenance on the UAS using the methods, techniques, and practices prescribed by 

the operating documents. 

Furthermore, the exemption sought would maintain an equivalent level of safety 

established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the 

DJI Phantom 3 Professionaland DJI Inspire 1 UASs will be performed by trained technicians. Maintenance will be documented and maintained utilizing the monthly maintenance

log. 

Significantly, previous exemptions granted by the FAA concerning Sections 

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is 

not adversely affected when the technical characteristics and operating limitations of the 

UAS are considered. 

In consideration of Dustin Neibaur-Huntington’s proposed operating limitations, 

the operating documents, and the technical aspects of the DJI Phantom 3 Professionaland 

DJI Inspire 1 UASs, Dustin Neibaur-Huntington submits that safety will not be adversely

affected by granting exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)

(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has previously granted relief specific

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

Exemption Nos. 11062, 

11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 

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

32 
7. The FAA May Prescribe Any Other Conditions For Safe Operation. 

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 

(FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, Dustin Neibaur-Huntington 

requests that the FAA prescribe special conditions for the intended operation of the DJI 

Phantom 3 Professionaland DJI Inspire 1 UASs, which contain such safety standards that

the Administrator finds necessary to establish a level of safety equivalent tothat established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 

91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions will permit safe operation of the UAs for the limited purpose of conducting

aerial video and photography over certain areas of the United States for compensation or 

hire. FMRA Section 333 sets forth the requirements for considering whether a UAS will

create a hazard to users of the NAS or the public, or otherwise pose a threat to national

security; and further, provides the authority for such UAS to operate without airworthiness

certification in accordance with any requirements that must be established for the safe operation of the UAS in the NAS. 

Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R.

§ 21.16, for operation of the DJI Phantom 3 Professionaland DJI Inspire 1 UASs, since 

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

safety standards, due to the novel or unusual design features of the aircraft. Section 21.16, 

entitled Special Conditions, states the following: 

If the FAA finds that the airworthiness regulations of this subchapter do not contain 

adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller because of a novel or unusual design feature of the aircraft, aircraft engine or 

propeller, he prescribes special conditions and amendments thereto for the product. 

The special conditions are issued in accordance with Part 11 of this chapter and 

contain such safety standards for the aircraft, aircraft engine or propeller as the 

33 
FAA finds necessary to establish a level of safety equivalent to that established in 

the regulations. 

See 14 C.F.R. § 21.16. 

Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA 

may prescribe special conditions for Leading Edge’s intended operation of the DJI Phantom 3 Professionaland DJI Inspire 1 UASs, which contain such safety standards that the

Administrator finds necessary to establish a level of safety equivalent to that established

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

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

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

From Which Dustin Neibaur-Huntington Seeks Exemption: 

Dustin Neibaur-Huntington seeks exemption from the requirements of 14 C.F.R Sections 61.113(a)&(b), 91.7(a), 91.121, 91.151(b), 91.405(a),91.407(a)(1), 91.409(a)

(1) & (a)(2), and 91.417(a) & (b). 

A Brief Description Of The Nature Of The Exemption Dustin Neibaur-Huntington Seeks: 

This exemption will permit Dustin Neibaur-Huntington to commercially operate an 

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

photography over certain areas of the United States. 

G.Any Additional Information, Views, Or Arguments Available To Support Dustin 

Neibaur-Huntington’s Request. 

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 

(FMRA) Section 333, which directs the Secretary of Transportation to determine if certain 

UAS may operate safely in the NAS. As such, Dustin Neibaur-Huntington’s request for 

exemption may be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. 

Part 11, as set forth above. 

34 
FMRA Section 333 sets forth the requirements for considering whether a UAS will 

create a hazard to users of the NAS or the public, or otherwise pose a threat to national 

security; and further, provides the authority for such UAS to operate without airworthiness 

certification. 

As discussed in detail above, Dustin Neibaur-Huntington will operate the DJI Phantom 3 Professionaland DJI Inspire 1 UASs safely in the NAS, without creating a hazard to

users of the NAS, or the public, or otherwise pose a threat to national security. 

CONCLUSION 

As set forth herein, Dustin Neibaur-Huntington seeks an exemption pursuant to 

14 C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012

(FMRA), which will permit safe operation of the DJI Phantom 3 Professionaland DJI Inspire 1 UASs commercially, without an airworthiness certificate, for the limited purpose of 

conducting aerial video and photography over certain areas of the United States. By granting this Petition, the FAAAdministrator will be fulfilling the Congressional mandate of the

FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, byallowing Dustin Neibaur-Huntington to safely, efficiently, and economically operate

the DJI Phantom 3 Professionaland DJI Inspire 1 UASs commercially within the NAS. 

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

Modernization and Reform Act of 2012, Section 333, Dustin Neibaur-Huntington respectfully requests that the Administrator grant this Petition for an exemption from the requirements 

of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 

91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit Leading Edge to operate the DJI 

Phantom 3 Professionaland DJI Inspire 1 UASs commercially for the purpose of 

35 
conducting aerial video and photography over certain areas of the United States. 

Dated: December 15th, 2015

Respectfully submitted, 

Dustin Neibaur-Huntington

9663 Santa Monica Blvd

STE. 626

Beverly Hills, CA 90210

Tel: (310)993-8914 

Appendices: 

A –DJI Phantom 3 ProfessionalSpecifications Data Sheet

B –DJI Inspire 1 Specifications Data Sheet

C –DJI Phantom 3 ProfessionalManufacturer’s User Manual 

D –DJI Inspire 1 Manufacturer’s User Manual 

E –Monthly Maintenance Log 

36 
APPENDIX –A 

DJI PHANTOM 3PROFESSIONALTECHNICAL SPECIFICATIONS 

Dustin Neibaur-Huntington only utilizes safe and reliable UASs. DJI is an industry leader

in small UAS production. DJI UASs are loaded with ground breaking software enabling

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

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

limit flight to a predetermined and set distance. In addition, DJI software provides real-time altitude and location information to the PIC via the linked monitor (smart phone/

tablet devices) 

1.1 DJI Phantom 3 Professional 

1.1.1 Aircraft 

1.1.1.1 Supported Battery –DJI 5200mAH LiPo Battery 

1.1.1.2 Weight (Battery & Propellers Included) –2.82lbs (1280g) 

1.1.1.3 Hover Accuracy (Ready to Fly) –Vertical: .5m; Horizontal: 1.5m

1.1.1.4 Max Yaw Angular Velocity -2000/s

1.1.1.5 Max Tilt Angel -350 

1.1.1.6 Max Ascent Speed –5m/s

1.1.1.7 Max Descent Speed –3m/s

1.1.1.8 Max Flight Speed –16m/s (NOT RECOMMENDED)

1.1.2 Gimbal 

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

1.1.2.2 Control Accuracy -±0.030 

1.1.2.3 Controllable Range –Pitch: -900 - 00 

1.1.2.4 Maximum Angular Speed –Pitch: 900/s

1.1.3 Camera 

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

1.1.3.2 Sensor Size –1/2.3” 

37 
1.1.3.3 Effective Pixels –14M 

1.1.3.4 Resolution –4384x3288 

4.1.3.5 HD Video Recording –1080p30 & 720p 

4.1.3.6 Recording Field of View -1100/850 

1.1.4 Transmitter 

1.1.4.1 Operating Frequency –5.728GHz –5.85GHz

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

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

1.1.4.4 Transmitter Power –FCC Compliance: 100mW

1.1.4.5 Working Voltage –120mA@3.7V 

1.1.5 Range Extender 

1.1.5.1 Operating Frequency –2412-2462MHz

1.1.5.2 Communication Distance (unobstructed) –500-700m 

1.1.5.3 Transmitter Power –20dBm

1.1.5.4 Power Consumption –2W 

38 
APPENDIX –B 

DJI INSPIRE 1 TECHNICAL SPECIFICATIONS 

Dustin Neibaur-Huntington only utilizes safe and reliable UASs. DJI is an industry leader

in small UAS production. DJI UASs are loaded with ground breaking software enabling

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

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

limit flight to a predetermined and set distance. In addition, DJI software provides real-time altitude and location information to the PIC via the linked monitor (smart phone/

tablet devices) 

2.2 DJI Inspire 1 

2.2.1 Aircraft 

2.2.1.1 Model – T600 

2.2.1.2 Weight (Battery Included) – 6lbs 7.5291oz (2935g) 

2.2.1.3 Hovering Accuracy (GPS Mode) – Vertical: 0.5m; Horizontal: 2.5m 

2.2.1.4 Max Angular Velocity – Pitch: 3000/s; Yaw: 1500/s 

2.2.1.5 Max Tilt Angle - 350 

2.2.1.6 Max Ascent Speed – 5m/s 

2.2.1.7 Max Descent Speed – 4m/s 

2.2.1.8 Max Speed – 22m/s (ATTI mode, no wind – NOT RECOMMENDED) 

2.2.1.9 Max Flight Altitude – 4500m 

2.2.1.10 Max Wind Resistance – 10m/s 

2.2.1.11 Max Flight Time – Approximately 18 minutes 

2.2.1.12 Motor Model – DJI 3510 

2.2.1.13 Propeller Model – DJI 1345 

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

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

2.2.2 Gimbal 

2.2.2.1 Model – ZENMUSE X3 

39 
2.2.2.2 Output Power (with camera) – Static: 9W; In Motion: 11W 

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

2.2.2.4 Angular Vibration Range - ±0.030 

2.2.2.5 Mounting – Detachable 

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

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

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

2.2.3 Camera 

2.2.3.1 Name – X3 

2.2.3.2 Model – FC350 

2.2.3.3 Total Pixels – 12.76M 

2.2.3.4 Effective Pixels – 12.4M 

2.2.3.5 Image Max Size – 4000x3000 

2.2.3.6 ISO Range – 100-3200 

2.2.3.7 Field of View - 940 

2.2.3.8 CMOS – Sony EXMOR 1/2.3” 

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

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

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

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

2.2.4 Transmitter 

2.2.4.1 Name – C1 

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

2.2.4.3 Communicating Distance (unobstructed) – 2000m 

2.2.4.4 Output Power – 9W 

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

2.2.4.6 Battery – 600mAh LiPo 2S 

40 
APPENDIX –C 

DJI Phantom 3 ProfessionalManufacturer’s User Manual 

https://dl.djicdn.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual__V1.6.pdf 

41 
APPENDIX –D 

DJI Inspire 1 Manufacturer’s User Manual 

http://download.dji-innovations.com/downloads/in- spire_1/en/Inspire_1_User_Manual_v1.0_en.pdf

42 
UAS$#:$___________ 

Software(Updates 

Airframe( 

Engines 

Propellers 

Camera(Gimbal 

Landing(Gear 

Vibration(Dampening 

Other: 

Date(Issue( 

Discovered 

Date(Issue( 

Addressed YEE H E GC G I GI I I I 

month:_________(year:________ 

GI I I GI G I 

APPENDIX –E 

MONTHLY MAINTENANCE LOG 

43 
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