Midwest Aerial Imagery Exemption Request Under Section 333 – Page 1

March 6, 2016

Cody Rolfes

1223 Amy Ave

Carroll, IA 51401

Cell: 712-210-1049

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590

Re: Exemption Request under Section 333 of the FAA Reform Act and Part 11 of the Federal 

Aviation Regulations

Dear Madam or Sir,

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

14 C.F.R. Part 11, (“Midwest Aerial Imagery”), Family owned aerial imagery company, seeks an

exemption from the Federal Aviation Regulations (“FARs”) detailed below for the DJI Phantom 3 

Professional.

 14 C.F.R. Part 21

 14 C.F.R. 45.23

 14 C.F.R. 45.29

 14 C.F.R. 61.3

 14 C.F.R. 61.113(a) & (b)

 14 C.F.R. 61.133(a)

 14 C.F.R. 91.7(a)

 14 C.F.R. 91.9

 14 C.F.R. 91.109(a)

 14 C.F.R. 91.119

 14 C.F.R. 91.121

 14 C.F.R. 91.151(a)

 14 C.F.R. 91.203

 14 CFR Subpart E (91.401 - 91.417)

The requested exemption would authorize unmanned aircraft operations using the DJI Phantom 3 

Professional for precision agriculture applications by Midwest Aerial Imagery, in the United States. 

These operations will be subject to strict operating requirements and conditions defined by the 

safety code of the Academy of Model Aeronautics (see Annex B), in order to ensure at least an

equivalent level of safety to currently authorized operations using manned aircrafts. 

Midwest Aerial Imagery (MAI) is a family owned aerial imager company serving Western and 

Central Iowa. The goal of MAI is to provide another agronomic view of a growers operation to help 

them make agronomic, economic, environmentally sound decisions. Owner Cody Rolfes is a 

graduate of Iowa State University with a degree in Agronomy. Iowa State University is known 
Midwest Aerial Imagery Exemption Request Under Section 333 – Page 2

throughout the world for having an outstanding agricultural program. MAI strives to provide expert 

advice and service with the always changing business that is Agronomy.

Growers are becoming larger and larger and thus there are more and more acres. Crop scouting 

by foot is not as efficient and later in the season it is nearly impossible, nor practical, for a person 

to scout an entire field by walking. Aerial scouting technology allows an agronomist to see a large

field all at once and allows for more efficient and effective recommendations and decision-making. 

The unmanned aspect of aerial technology eliminates allows a safe and cost-effective acquisition 

of close-up aerial images.

The DJI Phantom 3 will be operated in the field and a ground-based visual observer with 

accordance with FAA Policy N 8900.227 Section 14 “Operational Requirements for UAS” with the 

following additional restrictions: 

 All operations will occur in Class G airspace not no more than 200’ AGL

 The aircraft will not be operated over urban or populated areas

 The aircraft will not be operated at air shows or over an open-air assembly of people

 The aircraft will not be operated over heavily trafficked roads

 The aircraft will not be operated within 5 NM of an airport or heliport

 Operations will be limited to day, visual meteorological conditions

Additionally the pilot and visual observer will meet the requirements outlined in FAA Policy N 

8900.227 Section 16 Personnel Qualifications. Additionally maintained will be performed on the 

system. 

1. CHARACTERISTICS OF THE AIRCRAFT

The DJI Phantom 3 Professional is a small quad-copter weighing with battery and propellers at 2.8 

pounds. This is very light weight. It has a max speed of 37 mph (no wind). The DJI Phantom 3 is 

electric-powered. It has chargeable batteries that have an approximate flight time of 25 minutes. 

The battery life is displayed on the iPad and at 37% life remaining the operator will receive alarms. 

At 20% battery life the DJI Phantom 3 will kick into fail safe mode and start flying to its home 

location. It also has semi-automatic flight the artificial intelligence incorporated within the DJI 

Phantom 3 system continuously analyzes data from the Inertial Measurement Unit and the onboard 

GPS and takes care of all the aspects of the flight under the supervision of the operator. (referred 

to as ATTI Mode with a firmware update) 

Additionally, the DJI Phantom 3 provides an override capability that allows the operator to take 

manual actions during the flight (Go to Home, Go Land, Hold and Resume the mission) and also

suspend automated operations and take manual control of the aircraft with the remote controller 

provided with the system, should it become necessary to respond emergent circumstances.

2. APPLICATIONS AND ADDED VALUE OF THE DJI Phantom 3

Midwest Aerial Imagery intends to plan and implement an aerial agricultural program using 

precision agriculture techniques to assist their customers in management decision-making and to 

increase production and crop-scouting efficiency.

Using the DJI Phantom 3 4K camera technology, Midwest Aerial Imagery will be able to collect 

aerial images. 

The DJI Phantom 3 will be used to determine several factors, including but not limited to:

 Nutrient deficiencies

 Weed pressure and type
Midwest Aerial Imagery Exemption Request Under Section 333 – Page 3

 Presence and onset of disease

 Insect presence and pressure

 Weather damage (hail/wind)

 Soil erosion

 Tile line mapping

 Plant population 

 Yield estimates

 Soil types

Every stressful situation that a plant encounters reduces crop yield. At Midwest Aerial Imagery, 

we strive to eliminate and reduce plant stress by implementing crop protection programs to make 

their customers more profitable. By using real-time aerial imagery to see the onset and 

occurrence of plant stresses, Midwest Aerial Imagery can better help their customers maintain a 

high yield and in turn, high profitability, in a safe and efficient manner. 

Overall, UAV technology offers a substantial economic benefit to the agricultural industry. The DJI 

Phantom 3 would save customers a lot of time scouting fields and give them a better view of their 

field they might not usually see. Not only will time be saved, but capital from driving around fields, 

as everything can be scouted from one spot. Because the DJI Phantom 3 images are georeferenced, agronomists can pinpoint a problem area on a map and then walk or drive directly to 

that area to see what issues are happening and potentially correct them.

With the world population continuously increasing, it is essential that farmers be able to maintain

higher yields in order to continue to feed a hungry planet and to keep up with the world demand 

for high quality food and fuel products.

If Midwest Aerial Imagery can use the DJI Phantom 3 technology to scout fields, they will be 

offering their members a significant advantage to maintain crop health and maintain high yields in 

order to meet consumer demand and make a living. Midwest Aerial Imagery is hoping to be

competitive in the drone industry and be able serve area growers.

3. APPLICABLE LEGAL STANDARD UNDER SECTION 333

A. Operating Conditions

Grant of the exemption to Midwest Aerial Imagery for use of the DJI Phantom 3 will be subject to 

the following operating conditions, the main restrictions are summarized below:

 Operations over congested areas shall be avoided;

 Operations must not interfere with manned aircraft operations, must yield the right of way to 

manned aircraft, and operators must See & Avoid other aircraft and obstacles at all times

 Operations limited to Visual Flight Rules Meteorological Conditions (VMC) and daylight 

hours

 Aircraft operations must remain within Visual Line of Sight (VLOS) and will be visually 

monitored at all times;

 Flight ceiling pre-programed at 200 feet;

 No operations conducted within 5 miles from an airport shall only be conducted.

 All operations shall comply with required permissions and permits established by territorial, 

state, county or city jurisdictions; including local law enforcement, fire, or other appropriate 

governmental agencies.

 The DJI Phantom 3 operations will be compliant with existing safety procedures inherent to 

the activities of the related company.
Midwest Aerial Imagery Exemption Request Under Section 333 – Page 4

A large percentage of the land serviced by Midwest Aerial Imagery will be in isolated, rural, 

nonresidential areas. Before a field is flown, Midwest Aerial Imagery will request written 

permission from each grower. Midwest Aerial Imagery will avoid flying over houses and houseyards as much as reasonably possible. The flight ceiling will be pre-programmed at 200 feet so 

as to ensure the aircraft will not fly over the height specified by the AMA. By staying below this 

level, the DJI Phantom 3 should not interfere with manned aircraft operations

Midwest Aerial Imagery takes pride in providing a safe working environment for its employees and

members and currently has excellent safety procedures in place.

c. Operator Requirements

The DJI Phantom 3 is an ultra-light UAV. It has a high level of pre-programmed controls and

various built-in technical capabilities (programming of a geo-fence, automatic wind detection) that

prevent the operator from doing a mission outside of the operating limits. The DJI Phantom 3 has a 

Flight Termination System (emergency landing procedure, triggered by the autopilot or the operator 

in charge: given its very light weight, the DJI Phantom 3 will initiate an approach to the ground at 

very low speed around the current location).

Given these safety features recognized by the U.S. Army Corps of Engineers and the national 

aviation authority of several countries, Midwest Aerial Imagery requests an exemption from the 

airworthiness certification requirements in Part 21 and the concomitant requirements in 14 C.F.R.

91.7(a)) and 91.203 to operate an airworthy aircraft. 

Midwest Aerial Imagery also seeks an exemption from certain requirements in Parts 45 and 91 that 

are impractical as well as unnecessary for UAS operations. Please see Annex A for a detailed 

explanation of each regulation from which an exemption is sought and the equivalent level of safety 

showing. 

4. CONCLUSION

Midwest Aerial Imagery, in association with DJI Phantom and the Academy of Model Aeronautics

organization, who has a deep and well-known experience in terms of safe integration of remote 

controlled aircrafts in the National airspace for low-level operations, provides here adequate

justification for the grant of the requested exemption allowing safe precision agricultural operations

of the DJI phantom 3 in the National Airspace System.

The value that the DJI Phantom 3 could bring to the agricultural industry is invaluable. It would 

bring several efficiency and production benefits to farming operations and allow Midwest Aerial 

Imagery to provide the owner-members of the cooperative with outstanding service in order to 

help them exceed their potential. If the population is expected to continually increase, then it is 

essential for agricultural production to escalate as well. Allowing Midwest Aerial Imagery to utilize 

the DJI Phantom 3 in their operations in a safe manner in accordance with AMA guidelines would 

not only make sense economically, but would also in a matter of sustainability.

Midwest Aerial Imagery, offers in this Exemption a pragmatic approach to allow the efficient 

operation of ultra-light UAVs pursuant to FAA, AMA, and DJI safety requirements and conditions.

Thank You,

Cody Rolfes Midwest Aerial Imagery
Midwest Aerial Imagery Exemption Request Under Section 333 – Page 5

ANNEX A: EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS 

UNDER APPLICABLE RULES SUBJECT TO EXEMPTION

Midwest Aerial Imagery requests an exemption from the following regulations as well as any 

additional regulations that may technically apply to the operation of the DJI Phantom 3:

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 

14 CFR § 91.203(a)(1)

Section 91.203 requires all civil aircraft to have a certificate of airworthiness. Part 21, Subpart H, 

entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of 

airworthiness certificates as required by FAR § 91.203(a). Given the size of the DJI Phantom 3, its

very light weight (the maximum take-off weight is 2.82 pounds) and the limited operating area 

associated with its utilization, it is unnecessary to go through the certificate of airworthiness process 

under Part 21 Subpart H in order to achieve or exceed current safety levels.

Such an exemption meets the requirements of an equivalent level of safety under Part 11 and 

Section 333 of the Reform Act. The Federal Aviation Act and Section 333 of the Reform Act both 

authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon 

consideration of the size, weight, speed, operational capability, and proximity to airports and 

populated areas of the UAS involved. An analysis of these different criteria demonstrates that the 

DJI Phantom 3 operated without an airworthiness certificate, under the conditions proposed in that 

exemption, will be at least as safe, or safer, than a conventional aircraft with an airworthiness 

certificate. A proprietary risk assessment for operations with the DJI Phantom 3, which 

demonstrates that assertion, is also being submitted to the FAA as part of this application. Midwest 

Aerial Imagery requests the FAA treat the DJI Phantom 3 risk assessment as proprietary under 14 

C.F.R. 11.35(b) and not include this document in the public docket.

14 C.F.R. § 45.23 & 14 C.F.R. § 45.29: Display of marks; size of marks

These regulations provide that each aircraft must display "N" and the aircraft's registration number 

in letters at least 3 inches high. Additionally, the aircraft must display the word "EXPERIMENTAL" 

in letters at least 2 inches high near the entrance to the cabin, cockpit, or pilot station. 

Given the size of the DJI Phantom 3 (wingspan of 590 mm), this requirement is impossible to 

match.

Given the size of the DJI Phantom 3, its structure, the limited flight area, and the safety features 

integrated in the autopilot (among others the Flight Termination System), DJI believes that an 

Equivalent Level of Safety can be reached if the operator has a valid driver’s license.

14 C.F.R. § 61.3: Requirements for certificates, ratings and authorizations

14 C.F.R. § 61.113(a) & (b); 61.133(a): Private Pilot Privileges and Limitations; Pilot in

Command; Commercial Pilot Privileges and Limitations

The regulation provide that no person may serve as a required pilot flight crewmember of a civil 

aircraft of the United States, unless that person:

(1) Has a pilot certificate or special purpose pilot authorization issued under this part in that 

person's physical possession or readily accessible in the aircraft when exercising the privileges of 

that pilot certificate or authorization. However, when the aircraft is operated within a foreign country, 

a pilot license issued by that country may be used.
Midwest Aerial Imagery Exemption Request Under Section 333 – Page 6

The regulation provides also that no person that holds a private pilot certificate may act as pilot in 

command of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act as 

pilot in command of an aircraft in connection with any business or employment if:

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

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

Given the safety features of the DJI Phantom 3 and the fact that the missions can be preprogrammed and monitored in real-time with a specific flight management software (DJI Go), DJI

proposes that operators of the Phantom 3 should not be required to hold a commercial or private

pilot certification. Instead, operators should be required to:

 Have completed an AMA affiliated small unmanned aircraft systems education and training 

program and achieved an AMA UAS endorsement, or have successfully completed a small 

UAS education and training program provided by any FAA qualified entity

The equivalent level of safety will be achieved by having an operator trained by the AMA (or any 

FAA qualified entity) and DJI Phantom 3, and using the integrated features of the aircraft to 

maintain a high level of safety during the different missions.

14 C.F.R. § 91.7(a): Civil aircraft airworthiness

This regulation requires that no person may operate a civil aircraft unless it is in airworthy

condition. Should the exemption be granted allowing operation of the DJI Phantom 3 without an

airworthiness certificate, no standard will exist for airworthiness of the DJI Phantom 3. 

An equivalent level of safety will be achieved by insuring compliance with the DJI Phantom 3 user 

manual prior to each flight. Midwest Aerial Imagery requests the FAA treat the DJI Phantom 3 user 

manual as proprietary under 14 C.F.R. 11.35(b) and not include this document in the public docket.

14 C.F.R. § 91.9: Civil aircraft flight manual, marking, and placard requirements.

This regulation provides that no person may operate an aircraft unless a current, approved flight 

manual is in the aircraft. We assume that the intent of this requirement is to ensure that flight 

manual information is available to the aircrew while operating the aircraft. We request an exemption 

to this requirement since the aircraft is not only too small to carry documentation, but the 

documentation would not be available to the crew, as there is no flight crew on board.

The equivalent level of safety will be achieved by keeping a hard copy of the DJI Phantom 3 user

manual in the DJI Phantom 3 transport box that will be within reach of the operator at all times.

14 C.F.R. § 91.109(a) & 91.319(a)(1): Flight Instruction

The regulation provides that "No person may operate a civil aircraft that is being used for flight

instruction unless that aircraft has fully functioning dual controls."

Flight instruction will be accomplished through an elaborated training program, using first the 

simulation mode of the flight management software DJI Go. The equivalent level of safety during 

the in-flight training will be achieved by the manufacturer or affiliate providing the training as 

described in the DJI Phantom 3 training program and through the use of experienced and qualified 

instructors familiar with the DJI Phantom 3 and also members of the AMA.
Midwest Aerial Imagery Exemption Request Under Section 333 – Page 7

14 CFR § 91.119: Minimum Safe Altitudes

The level of safety will be achieved because the DJI Phantom 3 will only fly over private property 

with the permission of the landowner. Before every flight, the operator will define a working area 

radius and a flight area ceiling, preventing the DJI Phantom 3 to go beyond the flight area. The 

landowner and the persons who may be on the ground in the flight area will be briefed of the 

expected route of flight and the associated risks to persons and property on the ground. Due to the 

small size of the DJI Phantom 3, the material with which the DJI Phantom 3 is built and its specific 

safety procedures (among others ground detection), the hazard to persons, vessels, vehicles, and 

structures is not comparable to manned aircraft and should be considered in granting the 

exemption. Moreover, the aircraft will not be operated over congested areas or over any open-air 

assembly of persons. 

14 CFR 91.121 – Altimeter settings

This section requires that 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 below 18,000 feet MSL to:

 The current reported altimeter setting of a station along the route and within 100 nautical 

miles of the aircraft;

 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;

 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.

To provide an equivalent level of safety, the DJI Phantom 3 autopilot calculates the reference 

altitude (ground level) with the on-board GPS during the pre-flight tests. The GPS and barometer 

data are then used to calculate the altitude in-flight.

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

The regulation provides that no person may begin a flight in an airplane under day-VFR conditions 

unless there is enough fuel to fly to the first point of intended landing and to fly after that for at least

30 minutes.

Given the area of operation for the DJI Phantom 3, Midwest Aerial Imagery believes that an

equivalent level of safety is already achieved with the specific procedure preventing the DJI 

Phantom 3 to accept a take-off order if the battery level is below a given value. Moreover, Phantom 

3 has integrated “low” and “critical” battery level warnings and implemented a “return to Home” (and 

“Go Land”) actions in these situations.

14 C.F.R. § 91.203 (a) & (b): Carrying Civil Aircraft Certification and Registration

This regulation provides as follows:

 No person may operate a civil aircraft unless it has an appropriate and current

airworthiness certificate.

 No person may operate a civil aircraft unless the airworthiness certificate required by

paragraph (a) of this section or a special flight authorization issued under §91.715 is

displayed at the cabin or cockpit entrance so that it is legible to passengers or crew.

The DJI Phantom 3 weighs only 2.8 pounds (max take-off weight). As such, there is no ability or

place to carry certification and registration documents or to display them on the UAS. In addition,
Midwest Aerial Imagery Exemption Request Under Section 333 – Page 8

there is no pilot on board the aircraft.

To obtain an equivalent level of safety and meet the intent of 91.203, we propose that documents 

deemed appropriate for this aircraft by the FAA will be co-located with the operator at the ground 

control station in the DJI Phantom 3 box and available for inspection upon request. In order to 

identify the aircraft, we propose that a copy of the AMA membership of the operator will be 

permanently affixed to the DJI Phantom 3 on the upper side of the body.

14 CFR Subpart E (91.401 - 91.417) - Maintenance, Preventive Maintenance, and Alterations

The regulation provides that the operator is primarily responsible for maintaining the aircraft in an 

airworthy condition, including compliance with Parts 39 and 43. Paragraphs 91.407 and 91.409 

require the aircraft to be "approved for return to service by a person authorized under 43.7" after 

maintenance and inspection. Section 91.409 requires an annual inspection for the issuance of an 

airworthiness certificate. Section 91.417 requires the owner or operator to keep records showing 

certain maintenance work that has been accomplished by certificated mechanics, under Part 43, or 

licensed pilots and records of approval of the aircraft for return to service.

DJI proposes that the maintenance of the Phantom 3 will be accomplished by the owner or the 

operator according to the DJI user manual. An equivalent level of safety will be achieved because

the Phantom 3 is small in size, it is not a complex mechanical device and does carry any external

payload. Moreover, the operator is the person most familiar with the aircraft and is best suited to 

maintain the aircraft in an airworthy condition and to ensure an equivalent level of safety. Finally, 

before every flight, the Phantom 3 automatically runs a sequence of pre-flight tests to make sure 

that every sensor and every critical part is operating properly. If a problem is detected, the Phantom 

3 will not be able to be switched-on and a message error is displayed on the main screen of 

eMotion. The owner or the operator can then refer to the Phantom 3 user manual to troubleshoot 

this issue. Several parts of the Phantom 3 are easily interchangeable (propellers, battery), which 

allows the operator to make sure the wings and propulsion system are always airworthy when a 

mission is initiated.

ANNEX B: ACADEMY OF MODEL AERONAUTICS SAFETY REQUIREMENTS

http://www.modelaircraft.org/files/105.pdf

http://www.modelaircraft.org/files/540-D.pdf

http://www.modelaircraft.org/files/560.pdf