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UNITED STATES OF AMERICA DEPARTMENT OFTRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC

Regulatory Docket No. ______________

IN THE MATTER OF THE PETITION FOR EXEMPTIONOF:

AFS Training, LLC

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF 

TITLE

14 OF THE CODE OF FEDERAL REGULATIONS

SECTIONS 61.101(e)(4) & (5), 61.113(a) & (b), 61.23(a), 61.315(a), 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 P3

(c) UNMANNED AIRCRAFT SYSTEMS

PURSUANT TO SECTION 333OF

THE FAA MODERNIZATION AND REFORM ACT OF2012 (PUBLIC LAW 112-

95)

Submitted on July 17, 2015

Scott P. McCartt

AFS Training, LLC 

PO Box 760396 

San Antonio, TX 78245

Tel: (405) 922-22348

Email: scott@afstraining.net
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TABLE OF CONTENTS

INTRODUCTION AND INTERESTS OF THEPETITIONER ............................................................. 4

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

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

Name And Address Of The Petitioner. ..................................................................................... 7

The Specific Sections Of 14 C.F.R. From Which AFS TRAINING, LLC Seeks Exemption............ 7

Extent Of Relief AFS TRAINING, LLC Seeks............................................................................. 10

Reasons Why Granting AFS TRAINING, LLC Request Would Be In The Public Interest; That Is,

How It Would Benefit The Public As A Whole........................................................................ 13

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 AFS TRAINING, LLC Seeks Exemption. ............................................................... 15

Reasons Why An Exemption From The Requirements Would Not Adversely AffectSafety. . 20

Summary ................................................................................................................................ 25

A Brief Description Of The Nature Of The Exemption AFS TRAINING, LLC Seeks: ................. 25

CONCLUSION.......................................................................................................................... 26

DJI P3 Specifications Data Sheet............................................................................................ 28

Vision Positioning...........................................................................................................................28

Remote Controller...........................................................................................................................28

Exhibit – C............................................................................................................................... 30
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GLOSSARY OFABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFR Code of FederalRegulations

COA Certificate ofAuthorization

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) 

Section333 SO Safety Observer

SOP Standard OperatingProcedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff andLanding
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SUMMARY

Scott P. McCartt, on behalf of AFS TRAINING, LLC, seeks exemption from the

requirements of 14 C.F.R §§ 61.101(e)(4) and (5), 61.315(a), 61.23(a), 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 AFS TRAINING, LLC to operate an

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

and photography of construction sites, building inspections, agricultural lands, wineries,

outdoor recreational facilities, real estate, special events, and landscapes within the United

States.

INTRODUCTION AND INTERESTS OF THEPETITIONER

AFS TRAINING, LLC, will provide its clients with the highest quality digital content for

use in their commercial, personal, and non-profit multimedia projects. AFS TRAINING, LLC,

will bring together years of professional aviation expertise and state-of-the-art technology to

make studio quality productions within reach for organizations of any size. AFS TRAINING, 

LLC, will also leverage years of professional aerial video experience to become a leading

provider of geomapping andimage analysis services to various industries, including but not limited 

to construction, utility, agricultural, and civil agencies (upon request). AFS TRAINING, LLC,

has over 25 years of professional aviation experience, including 5 years of federal law 

enforcement related aerial video/telemetry instruction. The objective of AFS TRAINING, 

LLC, aerial video and photography operations is to provide high quality imaging for a variety

of commercial,public, and residential uses, specificallytargeting:

 Aerial event filming and photography

 Real estate promotions

 Promotional videos for businesses, non-profits & government entities

 Agricultural surveys and environmental monitoring

 Civil search and rescue/disaster survey

 Utility power/pipeline survey

 Construction site survey

BACKGROUND

AFS TRAINING, LLC seeks an exemption to operate DJI Systems Phantom 3 

Professional compensation or hire within the NAS. The DJI Phantom 3 Professional (P3) is a 
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verticaltakeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station

(GCS) utilizing electronic tablet or smart phone systems. The P3 is an electric powered

rotary wing UAS that is capable of transmitting live airborne video images and location 

information to a Ground Control Station (GCS). The P3 stores the photographs and data on 

board and makes them available for download after completion of the flight. The P3 is 23.2

inches square and weighs approximately 3 pounds, well under the 55 lbs mandated in the 

FMRA. The Inspire can conduct hovering flight and has a maximum cruising speed of 31

knots. It is battery powered, has a flight endurance of approximately 23 minutes and can 

operate in temperatures ranging from 0° to 40° C. The P3’s omni-directional antenna has a 

range of 1.1 nautical miles and operates in the 2.420 – 2.483 GHz frequency range. The P3

that will be operated by AFS TRAINING, LLC, 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 RegistrationMarking.

BASIS FOR PETITION

Petitioner, AFS TRAINING, LLC, 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 P3 in the National Airspace

System (NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.101(e)(4) and 

(5), 61.315(a), 61.23(a), 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, AFS Training’s operation of the DJI P3 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, AFS TRAINING, LLC 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.

AFS TRAINING, LLC, submits that the requested relief is proper since an equivalent 

level of safety will be ensured. AFS TRAINING, LLC, will use experienced personnel or

technicians to perform maintenance, alterations, or preventive maintenance on the UASs

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

Monthly Maintenance Log, and DJI P3 Instruction Manual).
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Furthermore, AFS TRAINING, LLC will document and maintain allmaintenance records 

for the DJI P3UAS.

Relief from certain requirements of Section 61.101(e)(4) and (5) entitled Recreational

pilot privileges and limitations: Pilot in command, and from Section 61.315(a) entitled What

are the privileges and limits of my sport pilot certificate, and fromSection 61.23(a) entitled

Medical certificates: Requirements and duration, is requested by AFS TRAINING, LLC, to

the extent necessary to allow a Pilot in Command (PIC) holding a sport pilot or higher level

certificate, as well as a valid driver’s license, and who has demonstrated, by meeting

minimum flight- hour and currency requirements, that thePIC is able to safely operate the DJI

P3 UAS in a manner consistent with exemption, including evasive and emergency maneuvers

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

AFS TRAINING, LLC, seeks relief from Section 91.7(a), entitled Civil aircraft 

airworthiness, because the DJI P3 UAS do not require an airworthiness certificate in 

accordance with 14 C.F.R. Part 21, Subpart H. As such, AFS TRAINING, LLC, submits that

it will ensure that the DJI P3 UAS are in an airworthy condition, prior to every flight by

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

Maintenance Log, and DJI P3 Instruction Manual), and that the aircraft are in a condition for 

safe flight.

AFS TRAINING, LLC, also seeks an exemption from the requirements of Section

91.121, entitled Altimeter Settings, as the DJI P3 UA will not have a typical barometric

altimeter onboard. However, altitude information of the DJI P3 UA will be provided to the

PIC via Global Positioning System (GPS) equipment and radio communications telemetry

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

This altitude information, combined with AFS TRAINING, LLC’s, operation of the DJI P3

UAS within visual line of sight, at or below 400 feet AGL, will ensure a level of safety

equivalent to Section 91.121.

Additionally, AFS TRAINING, LLC, seeks an exemption from therequirements of

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

LLC, submits that safety will not be adversely affected by operation of the DJI P3 UAS. 

Operations will take place only in day visual meteorological conditions (VMC) under visual

flight rules (VFR). Flights will be planned for no longer than a 15-minute duration, leaving a 

approximately 10 minute reserve power capability. Additionally, the P3 software includes an 
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automatic return to launch point logic when battery levels reach critically low levels, 

ensuring the UAS will not completely run out of power while in flight.

In accordance with 14 C.F.R. § 11.81, AFS Training, LLC, provides the following 

information in support of its petition forexemption:

A. Name And Address Of ThePetitioner.

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

Scott P. McCartt

AFS TRAINING, LLC

PO Box760396

San Antonio, TX 78245

Tel: (405) 922-2348

Email: scott@afstraining.net

B. The Specific Sections Of 14 C.F.R. From Which AFS TRAINING, LLC 

Seeks Exemption.

1. AFS TRAINING, LLC Seeks Exemption From The Requirements Of Section 

61.101(e)(4) and (5).

Section 61.101, entitled Recreational pilot privileges and limitations: Pilot in command, 

subsection (e)(4) and (5) prescribe the following, in relevantpart:

(e) Except as provided in paragraphs (d) and (i) of this section, a recreational pilot 

may not act as pilot in command of an aircraft—

(4) For compensation or hire;

(5) In furtherance of a business;

2. AFS TRAINING, LLC Seeks Exemption From The Requirements Of Section

61.23(a).

Section 61.23(a), entitled Operations requiring a medical certificate: Requirements and 

duration, subsection (a) prescribe the following, in relevant part:

(f) Except as provided in paragraphs (d) and (i) of this section, a recreational pilot 

may not act as pilot in command of an aircraft—

3. AFS TRAINING, LLC Seeks Exemption From The Requirements Of 

Section 61.315(a).

Section 61.315(a), entitled What are the privileges and limits of my sport pilot

certificate, subsection (a) prescribe the following, in relevant part:

(c) You may not act as pilot in command of a light-sport aircraft:

(2) For compensation or hire.

(3) In furtherance of a business.—

4. AFS TRAINING, LLC Seeks Exemption From The Requirements Of 

Section 91.7(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 airworthycondition.
5. AFS TRAINING, LLC 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.

6. AFS TRAINING, LLC 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 20minutes.

7. AFS TRAINING, LLC 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—

(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[.]

8. AFS TRAINING, LLC From The Requirements OfSection 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 alterationunless—

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

43.7 of this chapter[.]

9. AFS TRAINING, LLC 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.

10. AFS TRAINING, LLC 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 thissection:

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

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

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

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

include—

(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 followinginformation:

(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 timebasis.

(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 aremaintained.

(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.

(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 AFS TRAINING, LLC Seeks And The Reason AFS 

TRAINING, LLC Seeks The Relief.

1. Extent Of Relief AFS TRAINING, LLC Seeks And The Reason 

AFS TRAINING, LLC 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 orhire.

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, AFS TRAINING, LLC submits that an equivalent level of

safety will be maintained because no PIC will be allowed to operate the DJI P3 UAS unless

that PIC has met certain flight-hour and currency requirements, demonstrating that the PIC is

able to safely operate either the DJI P3 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, AFS TRAINING, LLC submits that all flights of the DJI P3 UAS, conducted by

the PIC pursuant to the grant of this Petition: (1) will be incidental to AFS TRAINING, LLC

business; and (2) will not carry passengers or property forcompensation or hire.

2. Extent Of Relief AFS TRAINING, LLC Seeks And The Reason AFS 

TRAINING, LLC Seeks Relief From Section 61.23(a).

Relief from Section 61.23(a), entitled Operations requiring a medical certificate:

Requirements and duration, is requested to the extent required to necessary to allow a PIC 

holding a sport pilot certificate or higher level certificate, as well as a current and valid 

driver’slicense, to conduct the proposed UAS flight operations for compensation or hire.

This relief is requested since the limitations set forth in Section 61.23(a) otherwise 

require the PIC of any flight for compensation or hire to hold a comprehensive FAA issued 

medical certificate. In Exemption No. 11213 to Aeryon Labs, Inc., the FAA

“finds that, because of the risk mitigations established in the conditions 

and limitations of this exemption, a person that holds a U.S. issued driver’s 

license who is operating a UAS will not adversely affect safety. The FAA is 

granting relief from § 61.23(a) to allow any pilot that holds one of the pilot’s 

certificates discussed above to operate a UAS under this exemption with a U.S. 

issued driver’s license, in lieu of an FAA-issued medical certificate. The FAA 

is also granting relief from § 61.23(c) to allow sport pilot certificate holders to 
operate aircraft other than LSA with a U.S. issued driver’s license under this

exemption.”

3. Extent Of Relief AFS TRAINING, LLC Seeks And The Reason AFS 

TRAINING, LLC Seeks Relief From Section 61.315(a).

Relief from Section 61.315(a) entitled What are the privileges and limits of my sport 

pilot certificate, is requested to the extent necessary to allow a PIC holding a sport pilot or 

higher level certificate to conduct the proposed UAS flight operations for compensation or

hire.

This relief is requested since the limitations set forth in Section 61.315(a) restrict a sport

pilot from acting as the PIC of any flight for compensation or hire, or for thefurtherance of 

any business.

In Exemption No. 11213 to Aeryon Labs, Inc., the FAA re-assessed the level of pilot 

certificate that would be appropriate for the petitioner’s operations. In evaluating this 

petition, similar to the evaluation of the private and commercial pilot certificates in 

Exemption No. 11062, the agency compared the aeronautical knowledge requirements of the 

recreational and sport pilot certificates to those of the private pilot certificate. They found 

that the aeronautical knowledge requirements that would be applicable to a UAS operation 

for a recreational pilot and sport pilot certificate are substantially similar as those for a 

private pilot certificate.

Additionally, similar to the private and commercial pilot certificates, holders of 

recreational and sport pilot certificates are subject to security screening by the Department of 

Homeland Security (DHS).

Therefore, because they must demonstrate aeronautical knowledge relevant to UAS

operations and are subject to DHS screening, factors that were considered by the FAA in 

allowing private pilot operations under previous exemptions, the FAA now determines that

holders of recreational and sport pilot certificates may serve as the PIC for UAS operations.

4. Extent Of Relief AFS TRAINING, LLC Seeks And The AFS 

TRAINING, LLC 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 AFS TRAINING, LLC to determine that the DJI P3UAS are in airworthy

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

documents (i.e., the DJI P3 Maintenance Manual, Monthly Maintenance Log, and DJI P3

Instruction Manual).
AFS TRAINING, LLC seeks the requested relief because the DJI P3 UAS do not require

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

TRAINING, LLC will ensure that the DJI P3 UAS are in airworthy condition based upon its

compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI P3

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

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

5. Extent Of Relief AFS TRAINING, LLC Seeks And The Reason AFS 

TRAINING, LLC Seeks Relief From Section 91.121.

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

operations of the DJI P3 UAS, which utilize a barometric pressure sensor, GPS equipment,

and a radio communications telemetry data link to downlink altitudeinformation 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), AFS TRAINING, LLC seeks the requested relief because the DJI P3

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

pressure or field altitude, before each flight.

Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is

sought to the extent necessary to comply with the applicable conditions and limitations stated

below. As more fully set forth herein, an equivalent level of safety will be maintained since

the DJI P3 UAs are equipped with a barometric pressure sensor and GPS equipment, which

automatically ensures that a ground level pressure setting will be established prior to each

flight, and provides the PIC with altitude information of the UA on the heads-up display of 

theGCS.

6. Extent Of Relief AFS TRAINING, LLC Seeks And The AFS 

TRAINING, LLC 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 P3 UAs during

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

for a total duration of 15 minutes to the first point of intended landing and, assuming normal

cruising speed, to fly after that for at least 5 minutes.

AFS TRAINING, LLC seeks the requested relief because without an exemption from 

Section 91.151(b), the flight time duration of the battery powered DJI P3 UA will severely

constrain the practicality of any aerial video or still photo flight operations that AFS 
TRAINING LLC proposes to conduct pursuant to thisPetition.

Significantly, as set forth below, the technical specifications of the DJI P3 UAS, the DJI

P3 operating documents, and AFS TRAINING LLC’s proposed operating limitations, ensure

that AFS TRAINING LLC will safely operate the battery powered DJI P3 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 15 minutes to the first point of

intended landing and, assuming normal cruising speed, to fly after that for at least 5 minutes.

7. Extent Of Relief AFS TRAINING, LLC Seeks And The Reason AFS 

TRAINING, LLC 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, AFS TRAINING, LLC requests relief from

these Sections because the DJI P3 UAS does not require airworthiness certificates. As set

forth more fully below, the DJI P3 UAS meets the conditions of FMRA Section 333 for

operation without an airworthiness certificate. Accordingly, AFS TRAINING LLC will use

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

UASs using the methods, techniques, and practices prescribed in the UAS operating

documents (i.e., the DJI P3 Maintenance Manual, Monthly Maintenance Log, and DJI P3

Instruction Manual). Furthermore, AFS TRAINING LLC will document and maintain all

maintenance records for the DJI P3 UAS.

D. The Reasons Why Granting AFS TRAINING, LLC 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 AFS TRAINING 

LLC to safely, efficiently, and economically conduct aerial video and photography of

construction sites, building inspections, agricultural lands, wineries, outdoorrecreational facilities,

real estate, special events, landscapes, and various other sites over certain areas of the United

States.

Additionally, use of the DJI P3 UAS will decrease congestion of the NAS, reduce

pollution, and provide significant benefits to the economy. Notably, the benefits of AFS 

TRAINING LLC’s proposed operation of the DJI P3 UAS can be realized without violating 

established expectations of privacy.

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

The DJI P3 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 P3 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

P3 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 flightoperations.

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

P3 UAS.

Conducting aerial acquisitions with the DJI P3 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 P3 UAS produces no air pollution, and is the most

viable environmentally conscious alternative to the cabin class, four to six cylinder internal

combustion engine aircraft that are typically utilized for aerial video and photography, while

burning approximately 10-20 gallons per hour of leaded aviation fuel. The DJI P3 UAS,

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

the UASs are propelled by battery powered electric motors, rather than an internal 

combustionengine.

By using the DJI P3 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, will be substantially reduced or completely eliminated. Aside from

the lack of flight crew members located onboard the aircraft, the DJI P3 UAS (weighing

approximately 3 pounds maximum gross weight with dimensions of 22 inches square, and

with no fuel on board), has less physical potential for collateral damage to life and property

on the ground and in the air compared to the manned aircraft that typically conduct similar 

operations (weighing approximately 3000 pounds with a wingspan of approximately 42 feet,

a length of 34 feet, and a fuel capacity of 50 gallons).

3. Performing Aerial Video and Photography Operations With The DJI 

P3 UAS Will Benefit TheEconomy.
In addition to being safe and efficient, the DJI P3 is also an economical alternative to

using manned aircraft to conduct similar aerial operations. As such, operation of the DJI P3

UAS will allow United States based companies, like AFS TRAINING, LLC, 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 technologies in order to remain competitive. Operating the battery powered DJI

P3 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 P3 UAS, companies such as AFS TRAINING, LLC, 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 P3 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.

4. There Are No Privacy Issues.

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

decades, AFS TRAINING, LLC proposed operation of the DJI P3 UAS will not encroach 

upon established boundaries of expectations to privacy. Specifically, the DJI P3 UAS will be

operated only in compliance with the conditions set forth in any exemption granted under this

petition.

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 AFS TRAINING, LLC Seeks Exemption.

1. Reasons Why The DJI P3 UA Meet The Conditions Of TheFAA

Modernization and Reform Act of 2012 (FMRA) Section333.

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

with the unmanned aircraft and its operation, AFS TRAINING, LLC operation of the 

DJI P3 UAS meet 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—

(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, AFS TRAINING, LLC submits that the DJI P3 UAS can

operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by:

(a) the characteristics of the DJI P3 UAS

(b) the pilot certification requirement; and

(c) the specific operating limitations.

a. The Specifications Of The DJI P3 UAS Demonstrate Its Safe 

Characteristics.

The DJI P3 UAS does not create a hazard to users of the NAS or the public, or

otherwise pose a threat to national security considering its size, weight, speed,

and operational capability.

i. Technical Specifications Of The DJI P3UAS.

The technical specifications of the DJI P3 UAS is set forth by the DJI P3

Specifications and Data Sheet, attached hereto as Exhibit A.

ii. The DJI P3 UAS Autonomous Flight And NavigationModes 

Enable The UAS To Remain Within A Defined Operational Area.

The DJI P3 UAS may be operated in both manual and fully autonomous flight modes. A

complete description of the flight and navigational modes of the DJI P3 UAS is provided in

the DJI P3 User Manual, attached hereto as Exhibit B.
iii. The DJI P3 UAS 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 P3 UA will remain stationary, in flight, for 3

seconds or more. If, after 3 seconds, the DJI P3 UA does not reacquire control link data from

the GCS, the UA will assume that the Control Link is lost and the UA 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 P3 UAS are set forth in the 

DJI P3 User Manual, attached hereto asB.

iv. The DJI P3 GCS And Its Operation.

A complete description of the operation and specifications of the DJI P3 GCS and flight

control software is provided in the DJI P3 User Manual. DJI P3 User Manual is attached 

hereto as ExhibitB.

b. Flight Operations Of DJI P3 UAS Are Limited To The Line Of Sight 

Of A Certificated Pilot in Command With A SafetyObserver.

AFS TRAINING, LLC 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 P3 UAS.

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

c. Flights Of DJI P3 UAS Will Be Conducted Pursuant ToSpecific 

Operating Limitations.

In seeking this exemption, proposes to commercially operate DJI P3 UAS 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 P3 Unmanned Aircraft System. 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 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 feetAGL.

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) isnot 
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 

operatingdocuments.

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

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

not permitted to operate the camera or other instruments.

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

UAS operations and made available to the Administrator upon request. If a 

discrepancy exists between the conditions and limitations contained in the grant of

exemption and the procedures outlined in the operating documents, the conditions

and limitations contained in the grant of exemption take precedence and must be

followed. Otherwise, the operator must follow the procedures as outlined in its

operating documents. The operator may update or revise its operating documents.

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

revised documents to the Administrator upon request. The operator must also

present updated and revised documents if it petitions for extension or amendment

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

would affect the basis upon which the FAA granted the exemption, then the

operator must petition for amendment to its grant of exemption. The FAA’s UAS

Integration Office (AFS-80) may be contacted if questions arise regarding updates

or revisions to the operating documents.

10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a condition

for safe flight. If the inspection reveals a condition that affects the safe operation of

the UAS, the aircraft is prohibited from operating until the necessary maintenance

has been performed and the UAS is found to be in a condition for safe flight. The

Ground Control Station must be included in the preflight inspection. All

maintenance and alterations must be properly documented in the aircraftrecords.

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 operatingdocuments.

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

third- class medical certificate.
18. The operator may not permit any PIC to operate unless the PIC meets theoperator’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 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. § 61.1

20. 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.

21. 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.

22. 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.

23. 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 operatingdocuments.

24. The PIC must abort the flight in the event of unpredicted obstacles or 

emergencies in accordance with the operating documents.

25. 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.

26. 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.

27. 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 aspracticable.

28. 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.

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

operations and activities at alltimes.

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

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 structuresunless:

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 immediatelyand/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) within24 hours. Accidents

must be reported to the National Transportation Safety Board (NTSB) per

instructions contained on the NTSB Web site: www.ntsb.gov.

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

And (b) Would Not Adversely AffectSafety.

AFS TRAINING, LLC 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 P3

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

requirements, that the PIC is able to safely operate the DJI P3 UAS in amanner consistent

with the exemption, including evasive and emergency maneuvers and maintaining

appropriate distances from people, vessels, vehicles and structures.

Considering AFS TRAINING, LLC proposed area of operations, and the operating

limitations set forth-above; the parallel nature of sport pilot aeronautical knowledge

requirements to those of commercial pilot requirements (see exemption No. 11062) and the

airmanship skills necessary to safely operate the DJI P3 UAS, AFS TRAINING, LLC

submits that the additional manned airmanship experience of a commercially certificated pilot

would not correlate to the airmanship skills necessary for AFS TRAINING, LLC specific 
proposed flight operations.

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

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

11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 

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

AFS TRAINING, LLC will not allow any PIC to operate the DJI P3UAS unless that PIC

has demonstrated, by meeting minimum flight-hour requirements or the DJI P3 UAS training

and currency requirements, that the PIC is able to safelyoperate the DJI P3 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 aminimum 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 currencypurposes).

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 AFS TRAINING, LLC proposed operations. The Administrator has held that

prior documented flight experience that was obtained in compliance with applicable

regulations would ensure safe operations, stating as follows:

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

operations for the purpose of motion picture filming (or similar operations),

the PIC must have accumulated and logged, in a manner consistent with 14

CFR 61.51(b), 25 hours of total time as a UAS rotorcraft pilot including at

least 10 hours logged as a UAS pilot with a multi-rotor UAS. Prior to

operations under Exemption No. 11062, the PIC must also have accumulated

and logged a minimum of 5 hours as a UAS pilot operating the same make

and model of UAS to be used for operations under the exemption. For 

clarification, the FAA considers these minimum hour requirements to be

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

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

included in the total 25 hours of UAS rotorcraft time. In addition to the hour

requirements, the PIC must accomplish 3 takeoffs and landings in the 

preceding 90 days (for currency purposes). The FAA finds that at a

minimum, the flight-hour requirements in Exemption No. 11062 are

appropriate to practice and build proficiency in the skills necessary to safely

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

documented flight experience that was obtained in compliance with

applicable regulations would satisfy this requirement. Training, proficiency, 

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

exemption to accomplish the required flight time. During training,

proficiency, and experience-building flights the PIC is required to operate the

UA with appropriate distances in accordance with 14 C.F.R91.119.
Exemption No. 11138 at page 15.

Accordingly, AFS TRAINING, LLC, will ensure safe operations by not allowing any 

PIC to operate the DJI P3 UAS unless that PIC has demonstrated, by meeting minimum

flight-hour and currency requirements, that the PIC is able to safely operate the DJI P3 UAS

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, AFS TRAINING, LLC will ensure that the DJI P3 UAS is in an

airworthy condition based upon the UAS’s compliance with its operating documents and as

stated in the conditions and limitations herein.

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

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

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

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

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 P3 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

AFS TRAINING, LLC’s operation of the DJI P3 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 UASs at ground

level.

The FAA has previously granted relief from Section 91.121 specific to UAS, in 

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

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

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

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 P3 UAs; (2)

the limitations on the proposed flight operations; and (3) the location of the proposed flight

operations. Accordingly, AFS TRAINING, LLC, will ensure that it will safely operate the

battery powered DJI P3 UA during daylight hours in VFR conditions, with enough battery

power to fly for a total duration of 15 minutes to the first point of intended landing and,

assuming normal cruising speed, to fly after that for at least 5 minutes.

Here, as in Exemption No. 11109, the technical specifications of the DJI P3 UAS; the

limitations on the proposed flight operations; and the location of the proposed operations,

will ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b). 

Furthermore, safety will be ensured as the DJI P3 UAS 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 DJIP3 UAS will return to its 

launch point 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).

6. Reasons Why An Exemption From The Requirements OfSections 

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, AFS TRAINING, LLC 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 AFS TRAINING, LLC will use trained technicians to perform maintenance,

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

practices prescribed in the operating documents (i.e., the DJI P3 Operating Manual,

Maintenance Log). Furthermore, AFS TRAINING, LLC will document and maintain all
maintenance records for the DJI P3UAS.

Since the DJI P3 UAS will be inspected as prescribed by the operating documents, AFS 

TRAINING, LLC will maintain the equivalent level of safety established by Sections

91.405(a), 91.409(a)(1), and 91.409(a)(2). A link to the DJI P3 User Manual is attached

hereto as Exhibit B; a copy of the DJI P3 UAS Maintenance Log is attached hereto as 

ExhibitC.

Likewise, the exemption sought will not adversely affect safety because AFS 

TRAINING, LLC will only allow trained personnel to perform maintenance, alterations or 

preventive maintenance on the UAS using the methods, techniques, and practices prescribed 

by the operatingdocuments.

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

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

P3 UAS will be performed by trained technicians. Maintenance will be documented and

maintained utilizing the monthly maintenance log.

Significantly, previous exemptions granted by the FAA concerning Sections 91.405(a),

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not adversely

affected when the technical characteristics and operating limitations of the UAS are

considered.

In consideration of AFS TRAINING, LLC proposed operating limitations, the operating

documents, and the technical aspects of the DJI P3 UAS, AFS TRAINING, LLC 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).

7. The FAA May Prescribe Any Other Conditions For SafeOperation.

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, AFS TRAINING, LLC requests

that the FAA prescribe special conditions for the intended operation of the DJI P3 UAS,

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). Such special conditions will permit safe operation of the UAs for the

limited purpose of conducting aerial video and photographyover 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 P3 UAS, 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 inthe 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 AFS TRAINING, LLC’s intended operation of the DJI P3

UAS, which contain such safety standards that the Administrator finds necessary to establish

a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R 

Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b),91.405(a), 91.407(a)(1), 91.409(a)(1) & 

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

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

From Which AFS TRAINING, LLC SeeksExemption:

AFS TRAINING, LLC seeks exemption from the requirements of 14 C.F.R Sections 

61.101(e)(4) and (5), 61.315(a), 61.23(a), 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 AFS TRAINING, LLC

Seeks:

This exemption will permit AFS TRAINING, LLC to commercially operate an Unmanned

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

certain areas of the UnitedStates.

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

TRAINING, LLC 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, AFS TRAINING, LLC 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, AFS TRAINING, LLC will operate the DJI P3 UASs safely

in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a 

threat to nationalsecurity.

CONCLUSION

As set forth herein, AFS TRAINING, LLC 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 P3 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 AFS TRAINING, LLC to safely,

efficiently, and economically operate the DJI P3 UAS commercially within the NAS.

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

Modernization and Reform Act of 2012, Section 333, AFS TRAINING, LLC respectfully

requests that the Administrator grant this Petition for an exemption from the requirements of

14 C.F.R Sections 61.101(e)(4) and (5), 61.315(a), 61.23(a), 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 AFS 

TRAINING, LLC to operate the DJI P3 UAS commercially for the purpose of conducting 

aerial video and photography over areas of the UnitedStates.
Dated: April 30, 2015

Respectfully submitted, Scott P. McCartt

AFS TRAINING, LLC 

PO Box 760396

San Antonio, TX 78245

Tel: (405) 922-2348

Email: scott@afstraining.net

Exhibits:

A – DJI P3 Specifications DataSheet

B – DJI P3 Manufacturer’s UserManual 

C – DJI P3 Maintenance Log
EXHIBIT – A

DJI P3 Specifications Data Sheet

Aircraft

Weight (Battery & 

Propellers Included) 1280 g

Max. Ascent Speed 5 m/s

Max. Descent Speed 3 m/s

Max. Speed 16 m/s (ATTI mode, no wind)

Max. Flight Altitude 6000 m

Max. Flight Time Approximately 23 minutes

Operating Temperature 0°C to 40°C

GPS Mode GPS/GLONASS

Gimbal 

Controllable Range Pitch: - 90° to + 30°

Vision Positioning

Velocity Range < 8 m/s (2 m above ground)

Altitude Range 30 cm-300 cm

Operating Range 30 cm-300 cm

Operating Environment Brightly lit (lux > 15) patterned surfaces

Remote Controller 

Operating Frequency 2.400 GHz-2.483 GHz

Transmitting Distance 2000 m (Outdoor And Unobstructed)

Video Output Port USB

Operating Temperature Range 0°C- 40°C

Battery 6000 mAh LiPo 2S

Mobile Device Holder Tablets and smartphones 

Transmitter Power(EIRP) FCC: 20 dbm; CE:16 dbm

Working Voltage 1.2 A @7.4 VEXHIBIT – B
Exhibit B

DJI P3 Manufacturer’s UserManual

User’s Manual can be found at

http://download.djiinnovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual_v1.2_e

n.pdf
Exhibit – C

Maintenance Log

Maintenance Log For DJI Phantom 3 Professional 

Date Discrepancy Corrective Action Signature