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UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

Regulatory Docket No. _______________

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

LIVE FLORIDA REALTY

LICENSE # BK3088844

CQ1028915

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, 

UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF THE FAA 

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

Submitted on August 6, 2015

LIVE FLORIDA REALTY

CASEY TRAY, BROKER/OWNER

3214 GARDNER ROAD

LAKELAND, FLORIDA 33810

(813) 389-0846

www.LivingFloridaRealty.com

caseytray@gmail.com
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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...........................................................................6

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH 

LIVE FLORIDA REALTY SEEKS EXEMPTION..................................................................6

THE EXTENT OF RELIEF LIVE FLORIDA REALTY SEEKS AND 

THE REASON LIVE FLORIDA REALTY SEEKS THE RELIEF...................................10 

THE REASONS WHY GRANTING LIVE FLORIDA REALTY’S REQUEST 

WOULD BE IN THE PUBLIC INTEREST .........................................................................12

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT 

ADVERSELY AFFECT SAFETY........................................................................................15 

CONCLUSION....................................................................................................................21 
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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) 

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 

LIVE FLORIDA REALTY 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 to LIVE FLORIDA REALTY operate an Unmanned Aircraft System (UAS) for 

the commercial purpose of conducting aerial video and photography for real estate 

photography, and real estate fly-over video over certain areas of the United States. 

INTRODUCTION AND INTERESTS OF THE PETITIONER 

My name is CASEY TRAY, and I am the owner and broker of LIVE FLORIDA REALTY, 

a licensed realty company. LIVE FLORIDA REALTY has experience and knowledge in 

operating multiple types of UASs along with camera set up and operation. LIVE 

FLORIDA REALTY also provides clients with the highest quality digital content for use 

in their commercial real estate listings

The objective of LIVE FLORIDA REALTY’S’ aerial video and photography operations is 

to provide high quality imaging for a variety of commercial, and residential uses. LIVE 

FLORIDA REALTY will also provide knowledge of UAS and promote safe UAS 

operations. 

BACKGROUND 

LIVE FLORIDA REALTY seeks an exemption to operate DJI Phantom 3 for 

compensation or hire within the NAS. The DJI Phantom 3 is a vertical takeoff and 

landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing 

electronic tablet or smart phone systems. The DJI Phantom 3 has a maximum gross 

weight of approximately 2 pounds 14 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 Phantom 3 is equipped with four main rotors; driven by Lithium Polymer battery 

powered electric motors. 

The DJI Phantom 3 that will be operated by LIVE FLORIDA REALTY 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 Markings. 
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BASIS FOR PETITION 

Petitioner, LIVE FLORIDA REALTY, 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 UAS 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). 

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

the unmanned aircraft and its operation, LIVE FLORIDA REALTY’S operation of DJI 

Phantom 3 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, LIVE FLORIDA REALTY 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. 

LIVE FLORIDA REALTY submits that the requested relief is proper since an equivalent 

level of safety will be ensured. LIVE FLORIDA REALTY 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 as listed in the DJI Phantom 3Instruction Manual. Furthermore, LIVE 

FLORIDA REALTY will document and maintain all maintenance records for the DJI 

Phantom 3 UAS. 

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

privileges and limitations: Pilot in command, is requested by LIVE FLORIDA REALTY to 

the extent necessary to allow a Pilot in Command (PIC) who has demonstrated, by 

meeting minimum flight-hour requirements, that the PIC is able to safely operate the DJI 

Phantom UAS in a manner consistent with this exemption, including evasive and 

emergency maneuvers and maintaining appropriate distances from people, vessels, 

vehicles and structures. 

LIVE FLORIDA REALTY seeks relief from Section 91.7(a), entitled Civil aircraft 

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

certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, LIVE FLORIDA 

REALTY submits that that the DJI Phantom 3 UAS is in an airworthy condition, prior to 

every flight, by determining that the UASs are in compliance with the operating 

documents as listed in the DJI Phantom 3 Instruction Manual, and that the aircraft is in a 

condition for safe flight. 
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LIVE FLORIDA REALTY also seeks an exemption from the requirements of Section 

91.121, entitled Altimeter Settings, as the DJI Phantom 3 UAS will not have a typical 

barometric altimeter onboard. However, altitude information of the DJI Phantom 3 will 

be provided to the PIC via Global Positioning System (GPS) equipment and radio 

communications telemetry data link, which downlinks from the UAS to the GCS for 

active monitoring of the flight path. This altitude information, combined with LIVE 

FLORIDA REALTY’S operation of the DJI Phantom 3 DJI UAS within visual line of sight, 

at or below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121. 

Additionally, LIVE FLORIDA REALTY seeks an exemption from the requirements of 

Section 91.151(b), entitled Fuel requirements for flight in VFR conditions. LIVE 

FLORIDA REALTY submits that safety will not be affected by operation of the DJI 

Phantom 3 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 

approximately 15.5 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, LIVE FLORIDA REALTY 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: 

Casey Tray c/o LIVE FLORIDA REALTY

3214 Gardner Road

Lakeland, Florida 33810

(813) 389-0846

Email: caseytray@gmail.com

B. The Specific Sections of 14 C.F.R. From Which LIVE FLORIDA 

REALTY Seeks Exemption.

1. LIVE FLORIDA REALTYSeeks Exemption from the Requirements of Section 

61.113(a) And (b). 
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(a) 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—

a. The flight is only incidental to that business or employment; and 

b. The aircraft does not carry passengers or property for compensation or hire. 

2. LIVE FLORIDA REALTY Seeks Exemption from The Requirements Of Section 

91.7(a). 

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

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

3. LIVE FLORIDA REALTY Seeks Exemption from The Requirements Of Section 

91.121. 

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

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 

UAs 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 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. 
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4. LIVE FLORIDA REALTY Seeks Exemption from The Requirements Of Section 

91.151(b). 

(a) 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 at 

least 20 minutes. 

5. LIVE FLORIDA REALTYSeeks Exemption from The Requirement Of Section 

91.405(a). 

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

Each owner or operator of an aircraft—

(i) Shall have that aircraft inspected as required and shall between required inspections 

have discrepancies repaired as required. 

6. LIVE FLORIDA REALTY Seeks Exemption from The Requirements Of Section 

91.407(a)(1) 

(a) 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--

a. It has been approved for return to service by a person authorized under § 43.7 of this 

chapter [.] 

7. LIVE FLORIDA REALTY Seeks Exemption from The Requirements Of Sections 

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

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

(i) 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 --

a. 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 

b. An inspection for the issuance of an airworthiness certificate in accordance with part 

21 of this chapter. 
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8. LIVE FLORIDA REALTYSeeks Exemption from the Requirements of Sections 

91.417(a) and 91.417(b). 

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

following: 

(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: 

a. 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--

1. A description (or reference to data acceptable to the Administrator) of the work 

performed; and 

2. The date of completion of the work performed; and 

3. The signature, and certificate number of the person approving the aircraft for return 

to service. 

b. 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. 

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. 

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. 
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c. The owner or operator shall retain the following records for the periods prescribed: 

1. The records specified in paragraph (a) 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) of this section shall be retained and 

transferred with the aircraft at the time the aircraft is sold. 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 LIVE FLORIDA REALTY Seeks And The Reason 

LIVE FLORIDA REALTY Seeks The Relief. 

1. Extent of Relief LIVE FLORIDA REALTYSeeks and the Reason LIVE FLORIDA

REALTYSeeks Relief From Section 61.113(a) And (b). 

(a) 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 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 as PIC of an aircraft in connection with any business or employment if: 

d. The flight is only incidental to that business or employment; and 

e. The aircraft does not carry passengers or property for compensation or hire. 

As set forth more fully below, LIVE FLORIDA REALTY submits that an equivalent level 

of safety will be maintained because no PIC will be allowed to operate the DJI Phantom 

3 UAS unless that operator can demonstrate that the PIC is able to safely operate the 

DJI Phantom 3 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. 

Further, LIVE FLORIDA REALTY submits that all flights of the DJI Phantom 3 UAS, 

conducted by the PIC pursuant to the grant of this Petition will berelatedl to the business 
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of LIVE FLORIDA REALTY, and will not carry passengers or property for compensation 

or hire. 

2. Extent Of Relief LIVE FLORIDA REALTY Seeks And The Reason LIVE FLORIDA

REALTY Seeks Relief From Section 91.7(a). 

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

extent required to allow LIVE FLORIDA REALTY to determine that the DJI Phantom 3, 

UAS is in airworthy condition prior to every flight by ensuring that the UAS is in 

compliance with the operating documents as listed in the DJI Phantom 3 Instruction 

Manual. LIVE FLORIDA REALTY seeks the requested relief because the DJI Phantom 

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

21, Subpart H. Therefore, LIVE FLORIDA REALTY will ensure that the DJI Phantom 3 

UAS is in airworthy condition based upon its compliance with the operating documents, 

such as Monthly Maintenance Log, and conditions listed in the DJI Phantom 3

Instruction Manual prior to every flight, and further, determine that the aircraft is in 

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

3. Extent Of Relief LIVE FLORIDA REALTY Seeks And The Reason LIVE FLORIDA

REALTYSeeks Relief from Section 91.121. 

(a) Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight 

operations of the DJI Phantom 3 UAS, 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 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), LIVE FLORIDA REALTY seeks 

the requested relief because the DJI Phantom 3UAS’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 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. 

4. Extent Of Relief LIVE FLORIDA REALTYSeeks And The Reason LIVE FLORIDA

REALTYSeeks Relief From Section 91.151(b). 
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(a) 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

UAS during daylight hours in visual meteorological conditions (VMC), under visual flight 

rules (VFR), for a total duration of 15.5 minutes to the first point of intended landing and, 

assuming normal cruising speed, to fly after that for at least 4.5 minutes. LIVE FLORIDA 

REALTY seeks the requested relief because without an exemption from Section 

91.151(b), the flight time duration of the battery powered DJI Phantom 3 UAS will 

severely constrain the practicality of any aerial video or still photo flight operations that 

LIVE FLORIDA REALTY proposes to conduct pursuant to this Petition. Significantly, as 

set forth below, the technical specifications of the DJI Phantom 3 UAS operating 

documents, and LIVE FLORIDA REALTY’S proposed operating limitations, ensure that 

LIVE FLORIDA REALTY will safely operate the battery powered DJI Phantom 3 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 LIVE FLORIDA REALTY Seeks And The Reason LIVE FLORIDA

REALTYSeeks Relief From Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), 

And 91.417(a) & (b). 

(a) 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, LIVE FLORIDA REALTY requests 

relief from these Sections because the DJI Phantom 3 UAS does not require 

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

the conditions of FMRA Section 333 for operation without an airworthiness certificate. 

Accordingly, LIVE FLORIDA REALTY 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 .Furthermore, LIVE 

FLORIDA REALTY will document and maintain all maintenance records for the DJI 

Phantom 3 UAS. 

D. The Reasons Why Granting LIVE FLORIDA REALTY 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 LIVE FLORIDA 

REALTY to safely, efficiently, and economically perform aerial video and photography of 

real estate properties over certain areas of the United States. 

Additionally, use of the DJI Phantom 3 UAS will decrease congestion of the NAS, 

reduce pollution, crashes and accidents caused by pilot error and provide significant 
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benefits to the economy. Notably, the benefits of LIVE FLORIDA REALTY’S proposed 

operation of the DJI Phantom 3 UAS will be realized without any privacy issues. 

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

The DJI Phantom 3 UAS is battery powered and serves 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 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 will be reduced. 

The DJI Phantom 3 UAS does 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 by air traffic control during the ground, 

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

2. The Public Will Benefit From The Safety And Efficiency Of The DJI Phantom 3

UAS. 

Conducting aerial acquisitions with the DJI Phantom 3 UAS 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 UAS produces no air pollution, 

and is the most viable environmentally conscious alternative to the cabin class, six 

cylinder internal combustion engine aircraft that are typically utilized for aerial video and 

photography. The DJI Phantom 3 UAS would reduce the carbon footprint of aerial 

acquisitions, while also eliminating noise pollution, as the UAS is propelled by battery 

powered electric motors, rather than an internal combustion engine. 

By using the DJI Phantom 3 UAS 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, would be substantially reduced or completely 

eliminated. Aside from the lack of flight crew members located onboard the aircraft, the 

DJI Phantom 3 UAS 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 6,000 pounds with a wingspan of 

approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons). 

4. Performing Aerial Video and Photography Operations With The DJI Phantom 3 

UAS Will Benefit The Economy. 
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In addition to being safe and efficient, the DJI Phantom 3 UAS is also an economical 

alternative to using manned aircraft to conduct similar aerial operations. As such, 

operation of the DJI Phantom 3 UAS will allow United States based companies 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 UAS 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 UAS can remain competitive 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 UAS, 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. 

5. There Are No Privacy Issues. 

Similar to the manned aerial acquisition flight operations that have been conducted for 

decades, LIVE FLORIDA REALTY’S proposed operation of the DJI Phantom 3 UAS will 

not implicate any privacy issues. Specifically, the DJI Phantom 3 UAS will be operated 

only in compliance with operating documents, such as Aerial Operations Manual, 

Monthly Maintenance Log, and DJI Phantom 3 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 LIVE FLORIDA REALTY Seeks Exemption. 

1. Reasons Why The DJI Phantom 3 UAS Meets The Conditions Of The FAA

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

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

with the unmanned aircraft and its operation, LIVE FLORIDA REALTY’S operation of 
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the DJI Phantom 3 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: 

(i) 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 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—

(a) which types of unmanned aircraft systems (UAS), 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 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). 

(b) 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, LIVE FLORIDA REALTY submits that the DJI Phantom 3 

UAS can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated 

by: 

(a) The characteristics of the DJI Phantom 3 UAS; 

(b) The pilot certification requirement; and 

(c) The specific operating limitations. 

a. The Specifications Of The DJI Phantom 3 UAS Demonstrates Its Safe 

Characteristics. 
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The DJI Phantom 3, DJI Phantom 2 Vision+, and 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 UAS. 

The technical specifications of the DJI Phantom 3 is set forth by the attached DJI 

Phantom 3 Specifications and Data Sheets.

ii. The DJI Phantom 3 UAS Autonomous Flight And Navigation Modes Enable The 

UAS To Remain Within A Defined Operational Area. 

The DJI Phantom 3 UAS 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 UAS is provided in the attached User Manual.

iii. The DJI Phantom UASIs 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 UAS will remain stationary, in flight, for 3 seconds 

or more. If, after 3 seconds, the DJI Phantom 3 UAS does 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 UAS is defined in the attached User Manual. 

iv. The DJI Phantom 3 and DJI Inspire 1 GCS And Its Operation. 

A complete description of the operation and specifications of the DJI Phantom 3 GCS 

and flight control software is in the attached User Manual. 

b. Flight Operations Of DJI Phantom 3 UAS Is Limited To The Line Of Sight Of A

Certificated Pilot in Command With A Safety Observer. 

LIVE FLORIDA REALTY will only utilize operators who comply with the FAA 

requirements to act as a pilot in command (PIC) of the DJI Phantom 3 UAS. 

Additionally, a safety observer will assist all pilots during flight time. 

c. Flights Of DJI Phantom 3UAS Will Be Conducted Pursuant To Specific 

Operating Limitations. 

In seeking this exemption, LIVE FLORIDA REALTY proposes to commercially operate 

DJI Phantom 3 UAS for the specific purpose of conducting aerial video and 

photography over certain areas of United States, pursuant to the following specific 

operating limitations: 
17

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 unmanned 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 UAS must be operated at an altitude of no more than 500 feet above ground 

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

is 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 
18

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 preflight inspection. All maintenance and alterations 

must be properly documented in the aircraft records. 

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, including total 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 person must make an entry in the aircraft record of the corrective 

action taken against discrepancies discovered between inspections. 

17. 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 
19

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 

18. Operations are considered 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. 

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 predetermined 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 (NNumber) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must be 

as large as practicable. 
20

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 enforcement official 

upon request. 

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

operations and activities at all times. 

30. The UAS may not be operated by the PIC from any moving device or vehicle. 31. 

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 those persons 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. 
21

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

(b) Would Not Adversely Affect Safety. 

LIVE FLORIDA REALTY 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 UAS unless that PIC has demonstrated, by meeting minimum flighthour and currency requirements, that the PIC is able to safely operate the DJI Phantom 

3 UAS in a manner consistent with the exemption, including evasive and emergency 

maneuvers and maintaining appropriate distances from people, vessels, vehicles and 

structures. 

Considering LIVE FLORIDA REALTY’S proposed area of operations, the operating 

limitations set forth-above, and the airmanship skills necessary to safely operate the DJI 

Phantom 3 UAS, LIVE FLORIDA REALTY submits that the additional manned 

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

airmanship skills necessary for LIVE FLORIDA REALTY’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. 

LIVE FLORIDA REALTY will not allow any PIC to operate the DJI Phantom 3 UAS 

unless that PIC has demonstrated the ability to safely operate the DJI Phantom 3 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).

CONCLUSION 

LIVE FLORIDA REALTY 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 UAS 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 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 LIVE FLORIDA 
22

REALTY to safely, efficiently, and economically operate the DJI Phantom 3 UAS

commercially within the NAS. WHEREFORE, in accordance with the Federal Aviation 

Regulations and the FAA Modernization and Reform Act of 2012, Section 333, LIVE 

FLORIDA REALTY 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 LIVE FLORIDA REALTY to operate the DJI Phantom 3 UAS commercially for the 

purpose of conducting aerial video and photography over certain areas of the United 

States. 

Dated: August 21, 2015 

Submitted by 

CASEY TRAY