UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC 

Regulatory Docket No. _______________ 

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: 

TERRANCE R. HESTER dba. TERRANCE R. HESTER DBA. REAL TIME 

AVIATION, LLC 

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 Professional UNMANNED AIRCRAFT SYSTEMS 

PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM 

ACT OF 2012 (PUBLIC LAW 112-95) 

Submitted on November 11, 2015 

Terrance R. Hester dba. Terrance R. Hester 

dba. Real Time Aviation 

447 Georgiana Drive 

Middletown, Delaware 19709 

Tel: (856) 905-8196 
2 

TABLE OF CONTENTS

Page 

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

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

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

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

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

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

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

HESTER DBA. REAL TIME AVIATION SEEKS 

EXEMPTION.............................................................................................................8 

THE EXTENT OF RELIEF TERRANCE R. HESTER DBA. REAL TIME 

AVIATION SEEKS AND THE REASON TERRANCE R. HESTER DBA. REAL 

TIME AVIATION SEEKS THE 

RELIEF.....................................................................................................11 

THE REASONS WHY GRANTING TERRANCE R. HESTER DBA. REAL 

TIME AVIATION’S REQUEST WOULD BE IN THE PUBLIC 

INTEREST................................................................................................15 

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT 

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

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

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS 

AVAILABLE TO SUPPORT TERRANCE R. HESTER DBA. REAL TIME 

AVIATION’S 

REQUEST...............................................................................................................34 

CONCLUSION....................................................................................................................36 
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 

GCS Ground Control Station 

GPS Global Positioning System 

LOL Loss of Link 

NAS National Airspace System 

NOTAM Notice to Airman 

PIC Pilot In Command 

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

SO Safety Observer 

SOP Standard Operating Procedures

UA Unmanned Aircraft 

UAS Unmanned Aircraft System 

VFR Visual Flight Rules 

VLOS Visual Line of Site 

VMC Visual Meteorological Conditions 

VTOL Vertical Takeoff and Landing
5 

Terrance R. Hester dba. Real Time Aviation seeks an exemption to operate DJI 

systems for compensation or hire within the NAS. The DJI Phantom 3 Professional are 

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 Professional has a maximum gross weight of approximately 

2.82 pounds, 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 professional is equipped

with four main rotors, each being driven by Lithium Polymer battery powered electric 

motor. 

The DJI Phantom 3 Professional will be operated by Terrance R. Hester dba. Real 

Time Aviation will be registered in accordance with 49 U.S.C. 44103, Registration of 

Aircraft, as well as 14 C.F.R Part 47, Aircraft Registration, and marked in accordance with 

14 C.F.R. Part 45, Identification and Registration Marking. 

BASIS FOR PETITION

Petitioner, Terrance R. Hester dba. Real Time Aviation, 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 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, Terrance R. Hester dba. Real Time 
4 

SUMMARY

Terrance R. Hester dba. Real Time Aviation 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 Terrance R. Hester dba. Real Time Aviation to 

operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting 

aerial video and photography within the National Airspace System (NAS).

INTRODUCTION AND INTERESTS OF THE PETITIONER

Terrance R. Hester dba. Real Time Aviation provides its clients with the highest 

quality digital content for use in their commercial and personal multimedia projects. The 

objective of Terrance R. Hester dba. Real Time Aviation’s aerial video and photography 

operations is to provide high quality imaging for a variety of commercial, public, and 

residential uses, specifically targeting: 

• Aerial Photography and Cinema-photography 

• Real estate and private property aerial photography

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

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

BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 3 Professional 

Terrance R. Hester dba. Real Time Aviation seeks an exemption to operate DJI 

systems for compensation or hire within the NAS. The DJI Phantom 3 Professional are 
6 

Aviation’s operation of the DJI Phantom 3 Professional 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, Terrance R. Hester dba. Real Time Aviation 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. 

Terrance R. Hester dba. Real Time Aviation submits that the requested relief is 

proper since an equivalent level of safety will be ensured. Terrance R. Hester dba. Real 

Time Aviation will use experienced personnel or technicians to perform maintenance, 

alterations, or preventive maintenance on the DJI Phantom 3 Professional using the 

methods, techniques, and practices prescribed in the operating documents (i.e., Monthly 

Maintenance Log, and DJI Phantom 3 Professional Instruction Manuals). Furthermore, 

Terrance R. Hester dba. Real Time Aviation will document and maintain all maintenance 

records for the DJI Phantom 3 Professional. 

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

privileges and limitations: Pilot in command, is requested by Terrance R. Hester dba. Real 

Time Aviation to the extent necessary to allow a Pilot in Command (PIC) holding a private 

pilot or higher level certificate, as well as an airman medical certificate, and who has 

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

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

exemption, including evasive and emergency maneuvers and maintaining appropriate 

distances from people, vessels, vehicles and structures. 
7 

Terrance R. Hester dba. Real Time Aviation seeks relief from Section 91.7(a), 

entitled Civil aircraft airworthiness, because the DJI Phantom 3 Professional UASs do not 

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

such, Terrance R. Hester dba. Real Time Aviation submits that it will ensure that the DJI 

Phantom 3 Professional UASs are in an airworthy condition, prior to every flight, by 

determining that the DJI Phantom 3 Professional UASs are in compliance with the 

operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Professional 

Instruction Manuals), and that the aircraft are in a condition for safe flight. 

Terrance R. Hester dba. Real Time Aviation also seeks an exemption from the 

requirements of Section 91.121, entitled Altimeter Settings, as the DJI Phantom 3 

Professional UASs will not have a typical barometric altimeter onboard. However, altitude 

information of the DJI Phantom 3 Professional UASs 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 Terrance R. Hester dba. Real Time Aviation’s 

operation of the DJI Phantom 3 Professional UASs within visual line of sight, at or below 

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

Additionally, Terrance R. Hester dba. Real Time Aviation seeks an exemption from 

the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR 

conditions. Terrance R. Hester dba. Real Time Aviation submits that safety will not be 

affected by operation of the DJI Phantom 3 Professional UASs 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 13.5 minutes to the first point of 
8 

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, Terrance R. Hester dba. Real Time Aviation 

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: 

Terrance R. Hester dba. Real Time Aviation 

447 Georgiana Drive 

Middletown, Delaware 19709 

 Tel: (856) 905-8196 

Email: terrance.hester@gmail.com 

B. The Specific Sections Of 14 C.F.R. From Which Terrance R. Hester dba. Real 

Time Aviation Seeks Exemption. 

1. Terrance R. Hester dba. Real Time Aviation Seeks Exemption From The 

Requirements Of Section 61.113(a) And (b). 

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

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

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

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

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

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

connection with any business or employment if— 

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

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

2. Terrance R. Hester dba. Real Time Aviation Seeks Exemption From The 

Requirements Of Section 91.7(a).

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

following: 
9 

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

3. Terrance R. Hester dba. Real Time Aviation Seeks Exemption From The 

Requirements Of Section 91.121. 

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

part: 

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

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

when operating-- 

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

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

within 100 nautical miles of the aircraft; 

(ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of 

this section, the current reported altimeter setting of an appropriate 

available station; or 

(iii) In the case of an aircraft not equipped with a radio, the elevation of the 

departure airport or an appropriate altimeter setting available before 

departure. 

4. Terrance R. Hester dba. Real Time Aviation Seeks Exemption From The 

Requirements Of Section 91.151(b).

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

 (b), states the following: 

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

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

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

fly after that for at least 20 minutes. 

5. Terrance R. Hester dba. Real Time Aviation Seeks Exemption From The 

Requirement Of Section 91.405(a).

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

Each owner or operator of an aircraft— 
10 

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

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

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

6. Terrance R. Hester dba. Real Time Aviation Seeks Exemption From The 

Requirements Of Section 91.407(a)(1) 

Section 91.407, entitled Operation after maintenance, preventive maintenance, 

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

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

maintenance, rebuilding, or alteration unless-- 

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

43.7 of this chapter [.] 

7. Terrance R. Hester dba. Real Time Aviation Seeks Exemption From The 

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

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

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

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

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

been approved for return to service by a person authorized by § 43.7 of this 

chapter; or 

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

with part 21 of this chapter. 

8. Terrance R. Hester dba. Real Time Aviation Seeks Exemption From The 

Requirements Of Sections 91.417(a) And 91.417(b). 

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

following: 

(a) Except for work performed in accordance with §§ 91.411 and 91.413, each 

registered owner or operator shall keep the following records for the periods 

specified in paragraph (b) of this section: 

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

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

inspections, as appropriate, for each aircraft (including the airframe) and 
11 

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

include-- 

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

the work performed; and 

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

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

aircraft for return to service. 

(2) Records containing the following information: 

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

each rotor. 

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

propeller, rotor, and appliance. 

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

are required to be overhauled on a specified time basis. 

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

last inspection required by the inspection program under which the 

aircraft and its appliances are maintained. 

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

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

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. 

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

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

propellers, and appliances. 

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

prescribed: 

(1) The records specified 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. 
12 

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

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

approved for return to service. 

C. The Extent Of Relief Terrance R. Hester dba. Real Time Aviation Seeks And The 

Reason Terrance R. Hester dba. Real Time Aviation Seeks The Relief. 

1. Extent Of Relief Terrance R. Hester dba. Real Time Aviation Seeks And 

The Reason Terrance R. Hester dba. Real Time Aviation Seeks Relief From 

Section 61.113(a) And (b). 

Relief from Section 61.113(a) and (b) entitled Private pilot privileges and 

limitations: Pilot in command, is requested to the extent necessary to allow a PIC holding a 

private pilot or higher level certificate, as well as a current and valid airman medical 

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

proposed UAS flight operations for compensation or hire. 

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

state that a private pilot may, for compensation or hire, act 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. 

As set forth more fully below, Terrance R. Hester dba. Real Time Aviation submits 

that an equivalent level of safety will be maintained because no PIC will be allowed to 

operate the DJI Phantom 3 Professional UASs unless that PIC has met certain flight-hour 

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

Phantom 3 Professional UASs in a manner consistent with the operation specifications as 

described in this exemption, including evasive and emergency maneuvers, as well as 

maintaining appropriate distances from people, vessels, vehicles and structures. 
13 

Further, Terrance R. Hester dba. Real Time Aviation submits that all flights of the 

DJI Phantom 3 Professional UASs, conducted by the PIC pursuant to the grant of this 

Petition: (1) will be incidental to Terrance R. Hester dba. Real Time Aviation’s business; 

and (2) will not carry passengers or property for compensation or hire. 

2. Extent Of Relief Terrance R. Hester dba. Real Time Aviation Seeks And 

The Reason Terrance R. Hester dba. Real Time Aviation 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 Terrance R. Hester dba. Real Time Aviation to determine that the 

DJI Phantom 3 Professional UASs are in airworthy condition prior to every flight by 

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

Maintenance Log, and DJI Phantom 3 Professional Instruction Manuals). 

Terrance R. Hester dba. Real Time Aviation seeks the requested relief because the 

DJI Phantom 3 Professional UASs do not require an airworthiness certificate in accordance 

with 14 C.F.R. Part 21, Subpart H. Therefore, Terrance R. Hester dba. Real Time Aviation 

will ensure that the DJI Phantom 3 Professional UASs are in airworthy condition based 

upon its compliance with the operating documents (i.e., Monthly Maintenance Log, and 

DJI Phantom 3 Professional Instruction Manuals) prior to every flight, and further, 

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

limitations below.

3. Extent Of Relief Terrance R. Hester dba. Real Time Aviation Seeks And 

The Reason Terrance R. Hester dba. Real Time Aviation 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 UASs, because the DJI Phantom 3 

Professional UAs’ altitude reporting equipment may be set on the ground to zero feet 
14 

AGL, rather than local barometric pressure or field altitude, before each flight. The DJI 

Phantom 3 Professional UASs utilize a barometric pressure sensor, GPS equipment, and a 

radio communications telemetry data link to downlink altitude information from the UAs 

to the PIC at the ground control station (GCS). 

Considering the limited altitude of the proposed operations, relief from 14 C.F.R. 

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

limitations stated below. As more fully set forth herein, a level of safety equivalent to 

Section 91.121 will be ensured as the altitude of the DJI Phantom 3 Professional UAs will 

be reported to air traffic control (ATC) in feet above ground level (AGL), and Terrance R. 

Hester dba. Real Time Aviation will operate the DJI Phantom 3 Professional UAs within 

visual line of sight, at or below 400 feet AGL. 

4. Extent Of Relief Terrance R. Hester dba. Real Time Aviation Seeks And 

The Reason Terrance R. Hester dba. Real Time Aviation Seeks Relief From 

Section 91.151(b). 

Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR 

conditions, is requested to the extent required to allow flights of the battery powered DJI 

Phantom 3 Professional UAs during daylight hours in visual meteorological conditions 

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

point of intended landing and, assuming normal cruising speed, to fly after that for at least 

4.5 minutes. Terrance R. Hester dba. Real Time Aviation seeks the requested relief because 

without an exemption from Section 91.151(b), the flight time duration of the battery 

powered DJI Phantom 3 Professional UAs will severely constrain the practicality of any 

aerial video or still photo flight operations that Terrance R. Hester dba. Real Time 

Aviation proposes to conduct pursuant to this Petition. 
15 

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

Professional UASs, the DJI Phantom 3 Professional UASs operating documents, and 

Terrance R. Hester dba. Real Time Aviation’s proposed operating limitations, ensure that 

Terrance R. Hester dba. Real Time Aviation will safely operate the battery powered DJI 

Phantom 3 Professional 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 Terrance R. Hester dba. Real Time Aviation Seeks Seeks 

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

91.417(a) & (b). 

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

only apply to aircraft with an airworthiness certificate, Terrance R. Hester dba. Real Time 

Aviation requests relief from these Sections because the DJI Phantom 3 Professional UASs 

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

Professional UASs meet the conditions of FMRA Section 333 for operation without an 

airworthiness certificate. Accordingly, Terrance R. Hester dba. Real Time Aviation will 

use trained technicians to perform maintenance, alterations, or preventive maintenance on 

the DJI Phantom 3 Professional UASs using the methods, techniques, and practices 

prescribed in the DJI Phantom 3 Professional UAS operating documents (i.e., Monthly 

Maintenance Log, and DJI Phantom 3 Professional Instruction Manuals). Furthermore, 

Terrance R. Hester dba. Real Time Aviation will document and maintain all maintenance 

records for the DJI Phantom 3 Professional UASs. 
16 

D. The Reasons Why Granting Terrance R. Hester dba. Real Time Aviation’s 

Request Would Be In The Public Interest; That Is, How It Would Benefit The 

Public As A Whole. 

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

R. Hester dba. Real Time Aviation to safely, efficiently, and economically perform aerial 

video and photography within the NAS. 

Additionally, use of the DJI Phantom 3 Professional UASs will decrease 

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

Notably, the benefits of Terrance R. Hester dba. Real Time Aviation’s proposed operation 

of the DJI Phantom 3 Professional UASs will be realized without implicating any privacy 

issues. 

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

The DJI Phantom 3 Professional UAS are battery powered and serve as a safe, 

efficient, and economical alternative to the manned aircraft traditionally utilized to obtain 

aerial imagery. By reducing the amount of manned aircraft needed to perform aerial 

acquisitions, an exemption allowing the use of a DJI Phantom 3 Professional UASs 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 Professional UAs do not require an airport to takeoff or land. Likewise, a 

reduction of manned aircraft conducting aerial video and photography missions would 

result in fewer aircraft that must be handled by air traffic control during the ground, 

takeoff, departure, arrival, and landing phases of flight operations. 
17 

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

Phantom 3 Professional UASs. 

Conducting aerial acquisitions with the DJI Phantom 3 Professional UASs, instead 

of manned aircraft, will greatly benefit the public by drastically reducing the levels of air 

and noise pollution generated during traditional aerial video and still photography flight 

operations. By using battery power and electric motors, the DJI Phantom 3 Professional 

UASs produce no air pollution, and are 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, while burning approximately 20-30 

gallons per hour of leaded aviation fuel. The DJI Phantom 3 Professional UAs, while 

reducing the carbon footprint of aerial acquisitions, also eliminate noise pollution, as the 

UAs are propelled by battery powered electric motors, rather than an internal combustion 

engine. 

By using the DJI Phantom 3 Professional UASs to perform aerial acquisitions, the 

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

associated with traditional manned aircraft flight operations, will be substantially reduced 

or completely eliminated. Aside from the lack of flight crew members located onboard the 

aircraft, the DJI Phantom 3 Professional UAs have 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). 
18 

3. Performing Aerial Video and Photography Operations With The DJI 

Phantom 3 Professional UASs Will Benefit The Economy. 

In addition to being safe and efficient, the DJI Phantom 3 Professional UASs are 

also an economical alternative to using manned aircraft to conduct similar aerial 

operations. As such, operation of the DJI Phantom 3 Professional UASs will allow United 

States based companies, like Terrance R. Hester dba. Real Time Aviation’s, to remain 

competitive and contribute to growth of the U.S. economy. Specifically, with the rising 

cost of aviation fuel and the Environmental Protection Agency (“EPA”) regulatory actions 

phasing out leaded aviation fuels, U.S. owned and operated companies must adopt new and 

alternative technology in order to remain competitive. Operating the battery powered DJI 

Phantom 3 Professional UASs is one such technology that not only allows companies 

greater operational flexibility compared to manned aircraft, but provides such flexibility 

without the high operational cost of a traditional manned aircraft. 

By operating the DJI Phantom 3 Professional UASs, companies such as Terrance 

R. Hester dba. Real Time Aviation’s, 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 Professional UASs, provides a stable 

workforce that increases consumer spending; improves local, state, and federal tax 

revenues; and, allows companies to invest in research and development in order to remain 

competitive both in the United States and abroad. 

4. There Are No Privacy Issues. 

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

for decades, Terrance R. Hester dba. Real Time Aviation’s proposed operation of the DJI 
19 

Phantom 3 Professional UASs will not implicate any privacy issues. Specifically, the DJI 

Phantom 3 Professional UASs will be operated only in compliance with operating 

documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Professional Instruction 

Manuals) 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 Terrance R. Hester dba. Real Time Aviation 

Seeks Exemption. 

1. Reasons Why The DJI Phantom 3 Professional UASs Meet 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, Bird’s Eye Photography’s operation of the 

DJI Phantom 3 Professional UASs 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: 

(a) In General. --Notwithstanding any other requirement of this subtitle, and not 

later than 180 days after the date of enactment of this Act, the Secretary of 

Transportation shall determine if certain unmanned aircraft systems may 

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

and rulemaking required by section 332 of this Act or the guidance required by 

section 334 of this Act. 

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

subsection (a), the Secretary shall determine, at a minimum-- 
20 

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

size, weight, speed, operational capability, proximity to airports and 

populated areas, and operation within visual line of sight do not create 

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

threat to national security; and 

(2) whether a certificate of waiver, certificate of authorization, or 

airworthiness certification under section 44704 of title 49, United States 

Code, is required for the operation of unmanned aircraft systems 

identified under paragraph (1). 

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

section that certain unmanned aircraft systems may operate safely in the 

national airspace system, the Secretary shall establish requirements for the safe 

operation of such aircraft systems in the national airspace system. 

In seeking this exemption, Terrance R. Hester dba. Real Time Aviation submits 

that the DJI Phantom 3 Professional UASs can operate safely in the NAS pursuant to 

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

Professional UASs; (b) the pilot certification requirement; and (c) the specific operating 

limitations. 

a. The Specifications Of The DJI Phantom 3 Professional UASs 

Demonstrate Their Safe Characteristics. 

The DJI Phantom 3 Professional UASs do not create a hazard to users of the NAS 

or the public, or otherwise pose a threat to national security considering their size, weight, 

speed, and operational capabilities. 

i. Technical Specifications Of The DJI Phantom 3 Professional UASs. 

The technical specifications of the DJI Phantom 3 Professional UAS are set forth in 

the DJI Phantom 3 Professional User Manual 

https://dl.djicdn.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual__

V1.6.pdf 
21 

contains proprietary information and is to be held in a separate file pursuant to 14 

C.F.R. § 11.35(b)1

 

ii. The DJI Phantom 3 Professional UAS Autonomous Flight And 

Navigation Modes Enable The UASs To Remain Within A Defined 

Operational Area. 

The DJI Phantom 3 Professional UASs may be operated in both manual and fully 

autonomous flight modes. The DJI Phantom 3 Professional UASs autonomous features 

include the following: a GPS Position and Altitude Hold when the GCS controls are 

released to their neutral positions; a Return To Home (RTH) function; and, Flight Limits 

(i.e., pre-set limitations that restrict the distance and height of the UAS flight operations). 

A complete description of the flight and navigational modes of the DJI Phantom 3 

Professional UAS is provided the DJI Phantom 3 Professional User Manual, 

https://dl.djicdn.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual__

V1.6.pdf contains proprietary information and is to be held in a separate file pursuant to 14 

C.F.R. § 11.35(b). 

iii. The DJI Phantom 3 Professional UASs are Designed For Automatic 

Return To Home Point Or Hover In The Event Of Loss Of The Control Link Or 

Navigation. 

When the Control Link is lost, the DJI Phantom 3 Professional UAS will remain 

stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 3 

Professional UAS does not reacquire control link data from the GCS, the DJI Phantom 3 

Professional UAS will assume that the Control Link is lost and the DJI Phantom 3 

 

1

 Exhibits to the Petition contain proprietary information, and in accordance with 14 C.F.R. 

§ 11.35(b), are not to be included in the Federal Docket Management System (FDMS). 
22 

Professional UAS will return to the home position (i.e., failsafe mode) via GPS, and will 

descend to the takeoff position and shutdown. 

iv. The DJI Phantom 3 Professional UASs’ GCS And Its Operation. 

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

Professional UAS’s GCS and flight control software can be found at 

http://www.dji.com/product/phantom-3/spec The DJI Phantom 3 Professional is compliant 

with all Federal Communications Commission (FCC) requirements, and the radio 

frequency spectrum used for operation and control of the UA is set forth in the User 

Manuel. 

b. Flight Operations Of DJI Phantom 3 Professional UASs are Limited To 

The Line Of Sight Of A Certificated Pilot in Command With A Safety 

Observer. 

Terrance R. Hester dba. Real Time Aviation will only utilize certificated pilots who 

possess a current and valid airman medical certificate to act as a pilot in command (PIC) of 

the DJI Phantom 3 Professional UASs. Additionally, a safety observer will assist all pilots 

during flight time. 

c. Flights Of The DJI Phantom 3 Professional UASs Will Be Conducted 

Pursuant To Specific Operating Limitations. 

In seeking this exemption, Terrance R. Hester dba. Real Time Aviation proposes to 

commercially operate the DJI Phantom 3 Professional UASs for the special purpose of 

conducting aerial video and photography over certain areas of United States, pursuant to 

the following specific operating limitations:

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

aircraft described in the operating documents, rotorcraft UASs weighing less 

than 55 pounds maximum gross weight: DJI Phantom 3 Professional UASs. 

Proposed operations of any other aircraft will require a new petition or a petition 

to amend this grant. 
23 

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

for the purpose of aerial video and photography. 

3. The UA may not be flown at an indicated airspeed exceeding 30 knots. 

4. The UA must be operated at an altitude of no more than 400 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 UA 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 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 
24 

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 UAS 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 PIC must possess at least a private pilot certificate and at least a current 

third-class medical certificate. The PIC must also meet the flight review 

requirements specified in 14 C.F.R. § 61.56 in an aircraft in which the PIC is 

rated on his or her pilot certificate. 

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

operator’s qualification criteria and demonstrates the ability to safely operate 

the UAS in a manner consistent with how the UAS will be operated under the 

exemption, including evasive and emergency maneuvers and maintaining 

appropriate distances from persons, vessels, vehicles and structures. PIC 

qualification flight hours must be logged in a manner consistent with 14 C.F.R. 

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

permitted under the terms of the exemption. However, training operations may 

only be conducted during dedicated training sessions. During training, 

proficiency, and experience-building flights, all persons not essential for flight 

operations are considered nonparticipants, and the PIC must operate the UA 
25 

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 (N- Number) markings in accordance with 14 C.F.R. part 45, 

Subpart C. Markings must be as large as practicable. 

27. Before conducting operations, the radio frequency spectrum used for operation 

and control of the UA must comply with the Federal Communications 
26 

Commission (FCC) or other appropriate government oversight agency 

requirements. 

28. The documents required under 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. The UA may not be operated over congested or densely populated areas. 

32. 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). 

33. 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. 

34. 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. 
27 

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

And (b) Would Not Adversely Affect Safety. 

Terrance R. Hester dba. Real Time Aviation 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 Professional UAS unless that PIC has demonstrated, 

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

operate the DJI Phantom Professional UAS in a manner consistent with the exemption, 

including evasive and emergency maneuvers and maintaining appropriate distances from 

people, vessels, vehicles and structures. 

Considering Terrance R. Hester dba. Real Time Aviation’s proposed area of 

operations, and the operating limitations set forth-above; the parallel nature of private pilot 

aeronautical knowledge requirements to those of commercial pilot requirements (See 

Exemption No. 11062); and the airmanship skills necessary to safely operate the DJI 

Phantom 3 Professional UASs, Terrance R. Hester dba. Real Time Aviation submits that 

the additional manned airmanship experience of a commercially certificated pilot would 

not correlate to the airmanship skills necessary for Terrance R. Hester dba. Real Time 

Aviation’s specific proposed flight operations. 

The DJI Phantom 3 Professional UASs have been the subject of multiple Grants of 

Exemption from Section 61.113 (a) and (b). 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, 11170, 11171, 11172). 
28 

Terrance R. Hester dba. Real Time Aviation will not allow any PIC to operate the 

DJI Phantom 3 Professional UASs unless that PIC has demonstrated, by meeting minimum 

flight-hour requirements or the DJI Phantom 3 Professional UASs’ training and currency 

requirements, that the PIC is able to safely operate the DJI Phantom 3 Professional UASs 

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). 

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 Terrance R. Hester dba. Real Time Aviation’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 
29 

the total 25 hours of UAS rotorcraft time. In addition to the hour requirements, the 

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

currency purposes). The FAA finds that at a minimum, the flight-hour requirements 

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

skills necessary to safely conduct the petitioner’s proposed operations. The FAA 

also finds that prior documented flight experience that was obtained in compliance 

with applicable regulations would satisfy this requirement. Training, proficiency, 

and experience-building flights can also be conducted under the grant of exemption 

to accomplish the required flight time. During training, proficiency, and 

experience-building flights the PIC is required to operate the UA with appropriate 

distances in accordance with 14 C.F.R 91.119. 

Exemption No. 11138 at page 15. 

Accordingly, Terrance R. Hester dba. Real Time Aviation will ensure safe 

operations by not allowing any PIC to operate the DJI Phantom 3 Professional UASs 

unless that PIC has demonstrated, by meeting minimum flight-hour and currency 

requirements, that the PIC is able to safely operate the DJI Phantom 3 Professional UASs 

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

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

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

Would Not Adversely Affect Safety. 

The equivalent level of safety established by Section 91.7(a) will be maintained 

because prior to every flight, Terrance R. Hester dba. Real Time Aviation will ensure that 

the DJI Phantom 3 Professional UASs are in an airworthy condition based upon the UASs’ 

compliance with their 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, 
30 

11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161, 11166, 11167, 

11170, 11171, and 11172). 

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

Would Not Adversely Affect Safety. 

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

because the altitude information of the DJI Phantom 3 Professional UAs will be provided 

to the PIC via GPS equipment and a radio communications telemetry data link, which 

downlinks from the UAs to the GCS for active monitoring of the flight path and altitude. 

This altitude information, combined with Terrance R. Hester dba. Real Time Aviation’s 

operation of the DJI Phantom 3 Professional UAs 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 DJI Phantom 3 Professional are the subject of multiple Grants of Exemption 

from Section 91.121. 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, 11166, 11167, 11170, 

and 11171). 

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

Would Not Adversely Affect Safety. 

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

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

Phantom 3 Professional UASs; (2) the limitations on the proposed flight operations; and 
31 

(3) the location of the proposed flight operations. Accordingly, Terrance R. Hester dba. 

Real Time Aviation will ensure that it will safely operate the battery powered DJI Phantom 

3 Professional UAs during daylight hours in VFR conditions, with enough battery power to 

fly for a total duration of 13.5 minutes to the first point of intended landing and, assuming 

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

Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom 3 

Professional UASs; the limitations on the proposed flight operations; and the location of 

the proposed operations, will ensure an equivalent level of safety established by 14 C.F.R. 

Section 91.151(b). Furthermore, safety will be ensured as the DJI Phantom 3 Professional 

UASs provide audible and visual warnings to the PIC at the GCS when the UAs 

experiences low battery voltage, the first warning occurring at approximately 33% 

remaining battery power, and again at approximately 10% remaining battery power. At the 

critically low battery level, the DJI Phantom 3 Professional UASs 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, 11166, 11167, 11170, 11171, 11172). 
32 

6. Reasons Why An Exemption From The Requirements Of Sections 

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

Not Adversely Affect Safety. 

In seeking this exemption, Terrance R. Hester dba. Real Time Aviation submits 

that the equivalent level of safety with regard to the regulatory maintenance and alteration 

requirements established by Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 

91.417(a) & (b) will be met because all maintenance, alterations, or preventive 

maintenance of the DJI Phantom 3 Professional UASs performed by Terrance R. Hester 

dba. Real Time Aviation will be in accordance with the methods, techniques, and practices 

prescribed in the operating documents (i.e., the DJI Phantom 3 Professional User Manuals, 

the DJI Phantom 3 Professional Quick Start Guides, the DJI Phantom 3 Professional 

Vision Checklists, the Smart Flight Battery Safety Guidelines and Pilot Training Guides). 

Furthermore, Terrance R. Hester dba. Real Time Aviation will document and maintain all 

maintenance records for the DJI Phantom 3 Professional UASs. 

Since the DJI Phantom 3 Professional UASs will be inspected as prescribed by the 

operating documents, Terrance R. Hester dba. Real Time Aviation 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 because Terrance 

R. Hester dba. Real Time Aviation will use trained technicians to perform maintenance, 

alterations or preventive maintenance on the UAS using the methods, techniques, and 

practices prescribed by the operating documents. 

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

established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the 
33 

DJI Phantom 3 Professional UASs will be performed by trained technicians. Maintenance 

and safety checks will be conducted preflight and monthly. 

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 Terrance R. Hester dba. Real Time Aviation’s proposed 

operating limitations, the operating documents, and the technical aspects of the DJI 

Phantom 3 Professional UASs, Terrance R. Hester dba. Real Time Aviation submits that 

safety will not be adversely affected by granting exemption from 14 C.F.R. Sections 

91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has 

previously granted relief specific to UAS in circumstances similar, in all material respects, 

to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 

11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 

11159, 11160, 11161, 11166, 11167, 11170, 11171, 11172). 

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

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

(FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, Terrance R. Hester dba. Real 

Time Aviation requests that the FAA prescribe special conditions for the intended 

operation of the DJI Phantom 3 Professional UASs, which contain such safety standards 

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

established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 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). 
34 

Such special conditions will permit safe operation of the UAs for the limited purpose of 

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

compensation or hire. FMRA Section 333 sets forth the requirements for considering 

whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a 

threat to national security; and further, provides the authority for such UAS to operate 

without airworthiness certification in accordance with any requirements that must be 

established for the safe operation of the UAS in the NAS. 

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

§ 21.16, for operation of the DJI Phantom 3 Professional UASs, since the airworthiness 

regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate safety standards, 

due to the novel or unusual design features of the aircraft. Section 21.16, entitled Special 

Conditions, states the following: 

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

adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller 

because of a novel or unusual design feature of the aircraft, aircraft engine or 

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

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

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

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

the regulations. 

See 14 C.F.R. § 21.16. 

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

may prescribe special conditions for Terrance R. Hester dba. Real Time Aviation’s 

intended operation of the DJI Phantom 3 Professional UASs, which contain such safety 

standards that the Administrator finds necessary to establish a level of safety equivalent to 

that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 61.113(a) & (b), 
35 

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

(b). 

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

From Which Terrance R. Hester dba. Real Time Aviation Seeks Exemption: 

Terrance R. Hester dba. Real Time Aviation seeks exemption from the requirements 

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

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

A Brief Description Of The Nature Of The Exemption Terrance R. Hester 

dba. Real Time Aviation Seeks: 

This exemption will permit Terrance R. Hester dba. Real Time Aviation to 

commercially operate an Unmanned Aircraft System (UAS) for the purpose of 

conducting aerial video and photography within the National Airspace System 

(NAS).. 

 

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

Terrance R. Hester dba. Real Time Aviation’s Request. 

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

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

UAS may operate safely in the NAS. As such, Terrance R. Hester dba. Real Time 

Aviation’s request for exemption may be granted pursuant to the authority of FMRA 

Section 333 and 14 C.F.R. Part 11, as set forth above. 

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

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

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

certification. 

As discussed in detail above, Terrance R. Hester dba. Real Time Aviation will 

operate the DJI Phantom 3 Professional UASs safely in the NAS, without creating a hazard 

to users of the NAS, or the public, or otherwise pose a threat to national security. 
36 

CONCLUSION

As set forth herein, Terrance R. Hester dba. Real Time Aviation 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 UASs commercially, without an airworthiness certificate, for the limited 

purpose of conducting aerial video and photography within the National Airspace System 

(NAS). 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 Terrance R. Hester dba. Real Time 

Aviation to safely, efficiently, and economically operate the DJI Phantom 3 Professional 

UASs commercially within the NAS. 

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

Modernization and Reform Act of 2012, Section 333, Terrance R. Hester dba. Real Time 

Aviation 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 Terrance 

R. Hester dba. Real Time Aviation to operate the DJI Phantom 3 Professional, and the DJI 

Phantom 3 Professional commercially for the purpose of conducting aerial video and 

photography within the NAS.