UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERALAVIATION ADMINISTRATION

WASHINGTON, DC

Regulator Docket No. ______________

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

Creative Block Productions, INC

FOR AN EXEMPTION SEEING 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 UNMANNED 

AIRCRAFT

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZAION AND REFORM ACT OF 2012

(PUBLIC LAW 112-95)

Submitted on 

December 25, 2015

Creative Block Productions

11604 Century Circle

Plainfield IL 60585

Phone: (815)641-8308
2

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

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

INTRODUCTION	AND	INTEREST	OF	THE	PETITIONER ............................................... 4

BACKGROUND........................................................................................................................... 5

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

CONCLUSION ...........................................................................................................................27
3

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 

CBP

GCS

Creative Block Productions

Ground Control Station 

GPS Global Positioning System 

LOL Loss of Link 

NAS National Airspace System 

NOTAM Notice to Airman

PIC Pilot In Command

RPA Remotely Piloted Aircraft

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 
4

SUMMARY

Creative Block Productions (CBP) 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

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

(FMRA). This exemption will permit CBP to operate a Remotely Piloted Aircraft (RPA) 

or UAS for the commercial purpose of conducting aerial video and photography of 

construction sites, real estate property and the survey of buildings and structures for 

inspection purposes. 

OR...

safely,	efficiently,	and	economically	perform	aerial	video	and	

photography	of	construction	sites,	real	estate,	survey,	and	inspect	over	

certain	areas	of	the	United	States.	To	assist	other	businesses	in	helping	

them	grow	from	my	services	or	rather,	to	fulfill	their	needs,	whatever	it	

may	be."

INTRODUCTION AND INTEREST OF THE PETITIONER

CBP is owned and operated by Andrew T. Block. CBP is a videography and 

photography company focused on corporate promotion. Mr. Block has over 3 years of 

experience flying a variety of radio controlled aircraft, including helicopters, fixed wing 

and quad copters. CBP has several freelancers with their commercial pilots certificate

who will be responsible for flying the UAVs for commercial work. If granted exemption, 
5

CBP will focus on commercial applications to include, but not limited to; real estate 

advertising, mapping, building surveys and inspections, motion picture filming, 

marketing, and the training and support for law enforcement, fire/rescue and other public 

service organizations. Primary operations will be for commercial, for profit, events. 

However, as a civic-minded company – CBP will always look to give back to and support 

the community by providing no cost services to appropriate events and organizations.

BACKGROUND

CBP seeks exemption to operate a DJI Phantom 3 Professional for commercial 

purposes in the United States National Airspace System. The DJI Phantom 3 is a

multirotor platform with Vertical Takeoff and Landing (VTOL) capabilities controlled by 

operators maintaining Visual Line of Sight (VLOS) using a full telemetry, GPS equipped, 

handheld ground station. The Phantom 3 is 7.5 inches tall, and 12 inches long and 12 

inches wide. It was a max takeoff weight with battery and camera installed on 1280 

grams, while having a length of 16 inches width of 16 inches, height of 8 inches, and a 

maximum speed of approximately 16m/s. 

BASIS FOR PETITION

Petitioner, CBP, pursuant to the provisions of the Federal Aviation Regulations 

(14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), 

Section 333, Special Rules for Certain Unmanned Aircraft Systems, hereby petitions the 

Administrator to commercially operate the DJI Phantom 3 Professional UAS in the 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). 
6

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

with the unmanned aircraft and its operation, CBP operation of DJI Phantom 3 

Professional UAS meets the conditions of FMRA Section 333 and therefore, will not 

require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. 

Accordingly, CBP 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. 

CBP submits that the requested relief is proper, as an equivalent level of safety 

will be ensured. CBP will ensure all safety and maintenance procedures outline by the 

UAS manufacture are complied with. Only authorized personnel or technicians will 

perform maintenance on the UASs using the methods, techniques, and practices 

prescribed in the operating documents provided by the UAS manufacture. All 

maintenance will be logged in the UAS maintenance record maintained by CBP. 

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

pilot privileges and limitations: Pilot in command, is requested by CBP to the extent 

necessary to allow a Pilot in Command (PIC) holding a private pilot or higher level 

certificate, meeting minimum flight- hour and currency requirements, that the PIC is able 

to safely operate the DJI Phantom 3 Professional UAS in a manner consistent with this 

exemption, including evasive and emergency maneuvers and maintaining appropriate 

distances from people, vessels, vehicles and structures. 

CBP seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, 

because the DJI Phantom 3 Professional UAS does not require an airworthiness 

certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, CBP submits that 
7

all maintenance and care will be conducted to will ensure the DJI Phantom 3 Professional

UAS is in an airworthy condition, prior to every flight, by determining that the UASs are 

in compliance with the operating documents provided by the UAS manufacture, and that 

the aircraft are in a condition for safe flight. 

CBP seeks an exemption from the requirements of Section 91.121, entitled 

Altimeter Settings, as the DJI Phantom 3 Professional UAS will not have a typical aircraft 

barometric altimeter onboard. Altitude is measured using barometric and Global 

Positioning System (GPS) sensors. The UA provides the information to the LOS operator 

via a GCS application for real time flight telematics. The flight telematics aid the 

operator ensuring compliance and safe operation of the UA within visual line of sight, at 

or below 200 feet AGL, with the majority of flights at or below 100 feel AGL, will 

ensure a level of safety equivalent to Section 91.121.

Additionally, CBP seeks an exemption from the requirements of Section 

91.151(b), entitled Fuel requirements for flight in VFR conditions. CBP submits that 

granting an exemption is necessary due to the inherent limitations of electric UAS 

vehicles. Most if, not all small UAS’s are limited to a maximum of 20-25 minutes in 

total flight time. Operation of the DJI Phantom 3 Professional UAS will be conducted in

daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR)

will ensure the UA is operated in a safe manner compliant with applicable regulations. In 

addition, a key built in safety feature within the DJI Phantom 3 Professional software 

automatically reduces it’s maximum altitude based on decreasing battery levels, 

ultimately self-landing the vehicle prior to total battery depletion. 
8

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

support of its petition for exemption: 

1) Name And Address Of The Petitioner. 

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

Creative Block Productions (CBP)

11604 Century Circle

Plainfield, IL 60585

Phone: (815)641-8308

2) The Specific Sections Of 14 C.F.R. From Which CBP Seeks Exemption. 

a) CBP 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: 

i) 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. 

ii) 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. 

b) CBP Seeks Exemption From The Requirements Of Section 91.7(a). 

Section 91.7, entitled Civil aircraft airworthiness, subsection (a), states the following: 

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

c) CBP Seeks Exemption From The Requirements Of Section 91.121. 

Section 91.121, entitled Altimeter settings, subsection (a), states the following, in 
9

part: 

i) 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--

(a) The current reported altimeter setting of a station along the route and 

within 100 nautical miles of the aircraft; 

(b) 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 

(c) 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. 

d) CBP Seeks Exemption From The Requirements Of Section 91.151(b). 

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

following: 

Each owner or operator of an aircraft—

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

and shall between required inspections, except as provided in paragraph 

of this section, have discrepancies repaired as prescribed in part 43 of this 

chapter[.] 

e) CBP Seeks Exemption From The Requirements Of Section 91.407(a)(1) 
10

Section 91.407, entitled Operation after maintenance, preventive maintenance, 

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

i) No person may operate any aircraft that has undergone maintenance, 

preventive maintenance, rebuilding, or alteration unless--

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

43.7 of this chapter[.] 

f) CBP 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. 

g) CBP 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: 
11

i) 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 each engine, propeller, rotor, and appliance of an aircraft. 

The records must include—

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

work performed; and 

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

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

for return to service. 

ii) Records containing the following information: 

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

each rotor. 

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

rotor, and appliance. 

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

required to be overhauled on a specified time basis. 

(4) 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. 
12

(5) The current status of applicable Airworthiness Directives (AD) and safety 

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

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

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

(6) 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. 

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

prescribed: 

(1) The records specified in paragraph (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. 

(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. 

3) The Extent Of Relief CBP Seeks And The Reason CBP Seeks The Relief. 

a) Extent Of Relief CBP Seeks And The Reason CBP 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 CBP personnel to determine that the DJI 

Phantom 3 Professional UAS is in airworthy condition prior to every flight by 
13

ensuring that the UAS is in compliance with the operating documents (i.e., the 

IVS Standard Operating Procedures (SOP), Monthly Maintenance Log, and DJI 

Phantom 3 Professional documentation). 

CBP seeks the requested relief because the DJI Phantom 3 Professional

UAS does not require an airworthiness certificate in accordance with 14 C.F.R. 

Part 21, Subpart H. Therefore, CBP personnel will ensure that the DJI Phantom 3 

Professional UAS is in airworthy condition based upon its compliance with the 

operating documents (i.e., Maintenance Logs, CBP SOP and manufacture 

documentation) prior to every flight, and further, determine that the aircraft are in 

condition for safe flight, as stated in the conditions and limitations below. 

b) Extent Of Relief CBP Seeks And The Reason CBP Seeks Relief From Section 

91.121. 

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

allow flight operations of the DJI Phantom 3 Professional which utilize a 

barometric pressure sensor, GPS equipment, and a radio communications 

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

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), CBP seeks the requested relief as the DJI Phantom 3 Professional UAS

altimeter may be set on the ground to zero feet AGL, rather than the local 

barometric pressure or field altitude, before each flight. 
14

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

CFR 91.121 is sought to the extent necessary to comply with the applicable 

conditions and limitations stated below. As more fully set forth herein, an 

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

UAS is 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. 

c) Extent Of Relief CBP Seeks And The Reason CBP 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 UA during daylight hours in visual meteorological conditions (VMC), 

under visual flight rules (VFR). CBP seeks the requested relief as the UAS does 

not utilize traditional aircraft combustible fuel, rather the UAS is battery powered. 

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

Phantom 3 Professional UAS operating documents, and CBP proposed operating 

limitations, ensure that CBP will safely operate the battery powered DJI Phantom 

3 Professional UAS during daylight hours in visual meteorological conditions 

(VMC), under visual flight rules (VFR).

d) Extent Of Relief CBP Seeks And The Reason CBP Seeks Relief From Sections 

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

Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) 
15

only apply to aircraft with an airworthiness certificate, CBP requests relief from 

these Sections because the DJI Phantom 3 Professional UAS do not require 

airworthiness certificates. As set forth more fully below, the DJI Phantom 3 

Professional UAS meet the conditions of FMRA Section 333 for operation 

without an airworthiness certificate. Accordingly, CBP will only use authorized

technicians to perform maintenance on the UAS using authorized methods. CBP

will document all maintenance activities and keep the maintenance activity 

records for the CBP UAS. 

e) The Reasons Why Granting CBP’s Request Would Be In The Public Interest; 

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

Granting CBP’s Petition will further the public interest by allowing CBP

to conduct training for CBP personnel as well as other parties interested in proper 

and safe recreational or commercially operating of UAS, employment of small 

UAS is efficient and more economical for certain type of activities such as

construction site photography, land surveying, aerial video and photography of 

real estate, special events, film sets, and landscape over certain areas of the United 

States. 

OR...

safely,	efficiently,	and	economically	perform	aerial	video	and	

photography	of	construction	sites,	real	estate,	survey,	and	inspect	

over	certain	areas	of	the	United	States.	To	assist	other	businesses	in	
16

helping	them	grow	from	my	services	or	rather,	to	fulfill	their	needs,	

whatever	it	may	be."

Additionally, use of the small battery powered UAS will decrease 

congestion of the NAS for certain activities, reduce pollution, and provide 

benefits to the economy.

f) 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 CBP Seeks Exemption. 

i) Reasons Why DJI Phantom 3 Professional UAS Meets 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, CBP’s operation of 

the CBP UAS meets 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: 

(1) 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 
17

systems may 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. 

ii) 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). 

iii) 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, CBP submits the DJI Phantom 3 Professional UAS

can be operated safely in the NAS pursuant to FMRA Section 333, as 

demonstrated by: (A) the characteristics of the DJI Phantom 3 Professional UAS; 

(B) the pilot certification requirement; and (C) the specific operating limitations. 
18

A. The Specifications Of DJI Phantom 3 Professional UAS

Demonstrate Its Safe Characteristics. 

DJI Phantom 3 Professional UAS does 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. CBP UAS utilizes four counter-rotating 

propellers for extreme balance, control and stability that is aided 

by GPS and other on board sensors. In the event of an unexpected 

loss of communication with the UAS it will return to a pre-defined 

location at a pre-determined altitude AGL. If the UAS has returned 

to the pre-defined location and altitude with a low battery the UAS 

will safely land at the pre-determined location. In addition the 

Phantom 3 has factory installed firmware that prevent it from being 

activated or flown in close proximity to any airport in the US. 

*Note: DJI customer support has an available firmware download 

that is only released to customers that meet their screening process 

that does allow operation in proximity to airports.

B. Technical Specifications Of The DJI Phantom 3 Professional

UAS

The technical specifications of the DJI Phantom 3 Professional 

UAS is set forth by the DJI Phantom 3 Professional manufacturer

is as follows:

Battery: 4480 mAh LiPo
19

Weight (Battery & Propellers Included): 1280g

Max Yaw Rotational Velocity: 65°/s

Max Tilt/Bank Angle: 35°

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

Max Flight Speed: 16 m/s, approximate. 

Diagonal Length (without propellers): 590mm

C. Flights Of the DJI Phantom 3 Professional Will Be Conducted 

Pursuant To Specific Operating Limitations. 

a. IVS UASs weigh less than 55 pounds; 

b. IVS only operates its UASs below 400 feet; 

c. IVS UASs only operate for 5-20 minutes per flight; 

d. IVS remote control pilots operate IVS UASs by visual line 

of sight (VLOS) at all times.

e. IVS remote control pilots have downlink video backup via 

ground station, should they lose sight of the UAS; 

f. IVS UASs have GPS flight modes whereby they hover and 

then slowly land if communication with the remote control 

pilot is lost or battery power is low; 

g. IVS actively analyses electronic flight data and other 

sources of information to constantly update and enhance 

safety protocols; 

h. IVS always obtains all necessary permissions and permits 

prior to operation; and, IVS has procedures in place to 
20

abort flights in the event of safety breaches or potential 

danger. 

i. The pre-flight inspection by IVS personnel must account 

for all potential discrepancies, e.g. inoperable components, 

items, or equipment, not already covered in the relevant 

sections of the operating documents. 

j. If the UA loses communications for a pre-defined period of 

time or loses its GPS signal, it must return to a predetermined location within the planned operating area and 

land or be recovered in accordance with the operating 

documents. 

k. 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. 

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

Would Not Adversely Affect Safety. 

CBP 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 UAS unless that PIC 

has demonstrated, by meeting minimum flight-hour and currency requirements, that the 
21

PIC is able to safely operate the UAS in a manner consistent with the exemption, 

including evasive and emergency maneuvers and maintaining appropriate distances from 

people, vessels, vehicles and structures. 

Considering CBP proposed area of operations, and the operating limitations set forthabove; combined with the Owner/operator’s extensive training and experience, including 

holding both a private and commercial fixed and rotor wing certifications ensures that all

CBP’s operations will be conducted in a safe manner.

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).

CBP will not allow any PIC to operate the UAS unless that PIC has demonstrated, 

by meeting minimum flight-hour requirements or UAS training and currency 

requirements, that the PIC is able to safely operate the UAS 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 

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). 
22

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 CBP’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 flighthour 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 
23

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, IVS will ensure safe operations by not allowing any PIC 

to operate the UAS unless that PIC has demonstrated, by meeting minimum flight-hour 

and currency requirements, that the PIC is able to safely operate the UAS in a manner 

consistent with the exemption, including evasive and emergency maneuvers and 

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

h) 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 utilizing pre flight SOP, CBP will ensure that the UAS 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).

i) Reasons Why An Exemption From The Requirements Of Section 91.121 

Would Not Adversely Affect Safety. 
24

The equivalent level of safety established by Section 91.121 will be 

maintained because the altitude information of the UA 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 CBP’s operation of the UA 

within visual line of sight, at or below 400 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 UAS at ground level. 

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).

j) 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 UAS; (2) the limitations on the proposed flight operations; 

and (3) the location of the proposed flight operations. Accordingly, CBP will 

ensure that it will safely operate the battery powered UA during daylight hours in 

VFR conditions. 
25

Here, as in Exemption No. 11109, the technical specifications of the UAS; 

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 UAS provide 

audible and visual warnings to the PIC at the GCS when the UAs experiences low 

battery voltage. At the critically low battery level, the UAS will descend and land 

automatically. 

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).

k) 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, CBP 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) 
26

will be met as CBP will use only authorized technicians to perform maintenance 

on the UASs using the authorized methods, techniques, and practices.

Furthermore, CBP will document and maintain all maintenance records for the 

DJI UAS. 

The UAS will be inspected as prescribed by the operating documents, 

CBP will maintain the equivalent level of safety established by Sections 

91.405(a), 91.409(a)(1), and 91.409(a)(2). 

Likewise, the exemption sought will not adversely affect safety as CBP

will only use authorized technicians to preform maintenance on the UAS using 

the authorized methods, techniques, and practices 

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 UAS will be performed by authorized technicians. 

Maintenance will be documented and maintained utilizing the 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 CBP’s proposed operating limitations, the operating 

documents, and the technical aspects of the DJI Phantom 3 Professional UAS, 

CBP 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 
27

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).

CONCLUSION

As set forth herein, CBP 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 Professional UAS commercially, without an 

airworthiness certificate, for the purpose of conducting aerial video and photography 

over certain areas of the United States. By granting this Petition, the FAA Administrator 

will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act 

of 2012, while also advancing the interests of the public, by allowing CBP to safely, 

efficiently, and economically operate the UAS commercially within the NAS. 

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

Modernization and Reform Act of 2012, Section 333, CBP 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 CBP to operate the UAS 

commercially for the purpose of conducting aerial video and photography over certain 

areas of the United States. CBP respectfully requests that FAA exercise its authority to 

issue the exemption sought by CBP pursuant to the Federal Aviation Act, 85 P.L. 726 

(1958), as amended (the "Act") without delay.
28 

Sincerely, 

 

Andrew T. Block 

Creative Block Productions 

11604 Century Circle 

Plainfield, IL 60585 

Phone: (815)641-8308