UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC

Name and Address Of The Petitioner:

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

MAX AERIAL IMAGERY, LLC 

50 DIAMOND LANE, FREDERICKSBURG, VA 22406

CELL: 540-295-3298

Email: mikeharv4@gmail.com

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012 

(PUBLIC LAW 112-95)

Submitted on December 30, 2015

Michael T. Harvey

Max Aerial Imagery, LLC 

50 Diamond Lane

Fredericksburg, Va. 22406

Tel: (540) 295-3298

Commercial Pilot Certificate with 

Instrument and Glider Rating

Certificate No. 1777240

SUMMARY

Max Aerial Imagery, LLC 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 

Max Aerial Imagery, LLC to operate an Unmanned Aircraft System (UAS) for the 
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commercial purpose of conducting aerial video and photography of construction sites, real 

estate, special events, and landscape over certain areas of the United States. 

INTRODUCTION AND INTERESTS OF THE PETITIONER

Max Aerial Imagery, LLC provides its clients with expertise and knowledge in 

drone advanced technologies and solutions to provide photo, videography and monitoring 

services. Max Aerial Imagery, LLC also provides its clients with the highest quality digital 

content for use in their commercial, personal, and non-profit multimedia projects. As a 

holder of a Commercial Pilot and Instrument Rating, the principal, Michael Thomas 

Harvey has over 20 years of commercial and recreational/hobby experience in all aspects 

of aerial video and photography. The objective of Max Aerial Imagery, LLC aerial video 

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

public, and residential uses, including:

Aerial inspections of public and private structures.

Aerial photography/videography of residential and commercial buildings

Aerial event photography/videography

Aerial Appraisals

Real Estate Marketing

Insurance Inspections of Home and Property

Commercial Advertising Video and Photography

Real Estate Photography and Videography

No cost services offered to community, firefighter and state officials

Aerial surveying

Construction site inspections and monitoring

Wildlife and forestry monitoringS
3

BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 3 UAS and DJI Inspire 1

Max Aerial Imagery, LLC seeks an exemption to operate DJI systems for compensation or 

hire within the NAS. The DJI Phantom 3 and the DJI Inspire 1 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 has a maximum gross weight 

of 1260 grams and a maximum speed of approximately 16 m/s. The DJI Inspire 1has a 

maximum gross weight of 2935 grams and a maximum speed of approximately 22 m/s. 

The DJI Phantom 3 and DJI Inspire 1 UA’s are equipped with four main rotors; Driven by

Lithium Polymer battery powered electric motors. 

BASIS FOR PETITION

Petitioner, Max Aerial Imagery, 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 Phantom 3 and the DJI Inspire 1

UAS in the National Airspace System (NAS), and for an exemption from the requirements 

of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 

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

A. Name and Address Of The Petitioner.

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

Michael T. Harvey

Max Aerial Imagery, LLC 

50 Diamond Lane

Fredericksburg, Va. 22406

Tel: (540) 295-3298

B. The Extent Of Relief Max Aerial Imagery, LLC Seeks And The Reason Max 

Aerial Imagery, LLC Seeks The Relief. 

1. Extent Of Relief Max Aerial Imagery, LLC Seeks And The Reason Max 

Aerial Imagery, LLC Seeks Relief From Section 61.113(a) And (b). 
4

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, Max Aerial Imagery, LLC submits that an equivalent 

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

Phantom 3 UAS unless that PIC has met certain flight-hour and currency requirements, 

demonstrating that the PIC is able to safely operate either the DJI Phantom 3 and DJI Inspire 

1 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.

2. Extent Of Relief Max Aerial Imagery, LLC Seeks And The Reason Max 

Aerial Imagery, 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 Max Aerial Imagery, LLC to determine that the DJI Phantom 3 DJI

Inspire 1 UAS are in airworthy condition prior to every flight by ensuring that the UAS is 

in compliance with the operating documents provided online by DJI, the manufacturer, at

http://www.dji.com/product/phantom-3/download and
5

http://www.dji.com/product/inspire-1/download 

Max Aerial Imagery, LLC seeks the requested relief because the DJI Phantom 3 and 

DJI Inspire 1 UAS do not require an airworthiness certificate in accordance with 14 C.F.R. 

Part 21, Subpart H. Therefore, Max Aerial Imagery, LLC will ensure that the DJI Phantom 3 

and DJI Inspire 1 UAS are in airworthy condition based upon its compliance with the 

operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 and DJI Inspire 1 

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.

3. Extent Of Relief Max Aerial Imagery, LLC Seeks And The Reason Max 

Aerial Imagery, 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 Phantom 3 and DJI Inspire 1 UAS, which utilize a GPS altitude 

reading, GPS equipment, and a radio communications telemetry data link to downlink 

altitude information from the UA to the PIC at the ground control station (GCS). Since the 

FAA requires that any altitude information concerning UAS operations be reported to air 

traffic control (ATC) in feet above ground level (AGL), Max Aerial Imagery, LLC seeks 

the requested relief because the DJI Phantom 3 and DJI Inspire 1 UAS 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. 

4. Extent Of Relief Max Aerial Imagery, LLC Seeks And The Reason Max 

Aerial Imagery, LLC Seeks Relief From Section 91.151(b). 
6

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 and DJI Inspire 1 UA during daylight hours in visual meteorological conditions 

(VMC), under visual flight rules (VFR), for a total duration of 14 minutes to the first point 

of intended landing and, assuming normal cruising speed, to fly after that for at least 4 

minutes. Max Aerial Imagery, LLC seeks the requested relief because without an 

exemption from Section 91.151(b), the flight time duration of the battery powered DJI 

Phantom 3 and DJI Inspire 1 UAs will severely constrain the practicality of any aerial 

video or still photo flight operations that Max Aerial Imagery, LLC proposes to conduct 

pursuant to this Petition. 

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

and DJI Inspire 1 UAS operating documents, and Max Aerial Imagery, LLC proposed 

operating limitations, ensure that Max Aerial Imagery, LLC will safely operate the battery 

powered DJI Phantom 3 and DJI Inspire 1 UA during daylight hours in visual 

meteorological conditions (VMC), under visual flight rules (VFR), with enough battery

power to fly for a total duration of 14 minutes to the first point of intended landing and, 

assuming normal cruising speed, to fly after that for at least 4 minutes.

5. Extent Of Relief Max Aerial Imagery, LLC Seeks And The Reason Max 

Aerial Imagery, 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, Max Aerial Imagery, LLC requests 

relief from these Sections because the DJI Phantom 3 and DJI Inspire 1 UAS do not 

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

DJI Inspire 1 UAS meet the conditions of FMRA Section 333 for operation without an 
7

airworthiness certificate. Accordingly, Max Aerial Imagery, LLC will use trained 

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

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

Online at http://www.dji.com/product/phantom-3/download and

http://www.dji.com/product/inspire-1/download 

Max Aerial Imagery, LLC will document and maintain all maintenance records for 

the DJI Phantom 3 and DJI Inspire 1. 

D. The Reasons Why Granting Max Aerial Imagery, 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 Max Aerial 

Imagery, LLC to safely, efficiently, and economically perform aerial video and 

photography of construction sites, real estate, special events, film sets, and landscape over 

certain areas of the United States.

Additionally, use of the DJI Phantom 3 and the DJI Inspire 1 UAS will decrease 

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

Notably, the benefits of Max Aerial Imagery, LLC proposed operation of the DJI Phantom 

3 and the DJI Inspire 1 UAS will be realized without implicating any privacy issues. 

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

The DJI Phantom 3 and the DJI Inspire 1 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 and the DJI Inspire 1 UAS 
8

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 and the DJI Inspire 1 UA do not require an airport to takeoff or land. 

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

Phantom 3 and the DJI Inspire1 UAS. 

Conducting aerial acquisitions with the DJI Phantom 3 and the DJI Inspire 1 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 and the 

DJI Inspire 1 UAS produce no air pollution, and is the most viable environmentally

conscious alternative to the cabin class, six cylinder internal combustion engine aircraft 

that are typically utilized for aerial video and photography. The DJI Phantom 3 and the 

DJI Inspire 1 UA, while reducing the carbon footprint of aerial acquisitions, also eliminates 

noise pollution, as the UA are propelled by battery powered electric motors, rather than an 

internal combustion engine. 

By using the DJI Phantom 3 and the DJI Inspire 1 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.

3. Performing Aerial Video and Photography Operations with DJI Phantom 3

and the DJI Inspire 1 UAS Will Benefit The Economy. 
9

In addition to being safe and efficient, the DJI Phantom 3 UAS are also an 

economical alternative to using manned aircraft to conduct similar aerial operations. As 

such, operation of the DJI Phantom 3 UAS will allow United States based companies, like 

Max Aerial Imagery, 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 technology in order to 

remain competitive. Operating the battery powered DJI Phantom 3 UAS is one such 

technology that not only allows companies greater operational flexibility compared to 

manned aircraft, but provides such flexibility without the high operational cost of a 

traditional manned aircraft. 

By operating the DJI Phantom 3 and the DJI Inspire 1 UAS, Max Aerial Imagery, 

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 Phantom 3 and the DJI Inspire 1 UAS, provides a stable workforce that increases 

consumer spending; improves local, state, and federal tax revenues.

4. There Are No Privacy Issues. 

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

decades, Max Aerial Imagery, LLC proposed operation of the DJI Phantom 3 and the DJI 

Inspire 1 UAS will not implicate any privacy issues. Specifically, the DJI Phantom 3 and 

the DJI Inspire 1 UAS will be operated only in compliance with operating documents 

which requires property owner involvement as well as local law enforcement notification, 
10

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 Max Aerial Imagery, LLC Seeks Exemption. 

1. Reasons Why The DJI Phantom 3 and DJI Inspire 1 UA’s 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, Max Aerial Imagery, LLC operation of the 

DJI Phantom 3 and the DJI Inspire 1 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. 

a. The Specifications Of The The DJI Phantom 3 and DJI Inspire 1 UA’s

UAS Demonstrate Its Safe Characteristics.

The DJI Phantom 3 and DJI Inspire 1 UAS do not create a hazard to users of the 

NAS or the public, or otherwise pose a threat to national security considering its size, 

weight, speed, and operational capability. 

i. Technical Specifications Of The DJI Phantom 3 and DJI Inspire 1 

UAS. 

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

Phantom 3 Specifications and Data Sheet, attached hereto as Exhibit A. The DJI Inspire 1 

UAS Specifications and Data Sheet, attached hereto as Exhibit C. 
11

ii. The DJI Phantom 3 and DJI Inspire 1 UA’s Autonomous Flight And 

Navigation Modes Enable The UAS To Remain Within A Defined 

Operational Area. 

The DJI Phantom 3 and the DJI Inspire 1 UAS may be operated in both manual and fully

autonomous flight modes. 

iii. The DJI Phantom 3 and DJI Inspire 1 UA’s 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 and the DJI Inspire 1 UA will 

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

UA do not reacquire control link data from the GCS, the UAs will assume that the Control 

Link is lost and the UAs will return to the home position (i.e., failsafe mode) via GPS, and 

will descend to the takeoff position and shutdown. 

A complete description of the Failsafe Functions of the DJI Phantom 3 and the DJI 

Inspire 1 UAS is provided in the Manufacturer’s User Manual 

b. Flights Of The DJI Phantom 3 and DJI Inspire 1 UA’s Will Be 

Conducted Pursuant To Specific Operating Limitations. 

In seeking this exemption, Max Aerial Imagery, LLC proposes to commercially

operate DJI Phantom 3 and DJI Inspire 1 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 Phantom 3 and DJI Inspire 1

Unmanned Aircraft Systems. Proposed operations of any other aircraft will 

require a new petition or a petition to amend this grant. 

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

for the purpose of aerial video and photography. 

3. The UAs may not be flown at an indicated airspeed exceeding 20 knots.
12

4. The UAs 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 UAs must be operated within visual line of sight (VLOS) of the PIC at all 

times. This requires the PIC to be able to use human vision unaided by any 

device other than corrective lenses, as specified on the PIC’s FAA-issued airman 

medical certificate. 

6. The use of first person view (FPV) by the PIC or safety observer (SO) is not 

permitted. 

7. All operations must utilize a safety observer (SO). The SO may be used to satisfy

the VLOS requirement as long as the PIC always maintains VLOS capability. 

The SO and PIC must be able to communicate verbally at all times. Electronic 

messaging or texting is not permitted during flight operations. The PIC must be 

designated before the flight and cannot transfer his or her designation for the 

duration of the flight. The PIC must ensure that the SO can perform the 

functions prescribed in the operating documents. 

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

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

is not permitted to operate the camera or other instruments. 

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

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

discrepancy exists between the conditions and limitations contained in the grant 

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

conditions and limitations contained in the grant of exemption take precedence 

and must be followed. Otherwise, the operator must follow the procedures as 

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

operating documents. It is the operator’s responsibility to track such revisions 

and present updated and revised documents to the Administrator upon request. 

The operator must also present updated and revised documents if it 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 
13

preflight inspection. All maintenance and alterations must be properly 

documented in the aircraft records.

11. Any UAS that has undergone maintenance or alterations that affect the UAS 

operation or flight characteristics, e.g. replacement of a flight critical 

component, must undergo a functional test flight. The PIC who conducts the 

functional test flight must make an entry in the aircraft records. 

12. The pre-flight inspection must account for all potential discrepancies, e.g. 

inoperable components, items, or equipment, not already covered in the 

relevant sections of the operating documents. 

13. The operator must follow the UAS manufacturer’s aircraft/component, 

maintenance, overhaul, replacement, inspection, and life limit requirements. 

14. The operator must carry out its maintenance, inspections, and record keeping 

requirements, in accordance with the operating documents. Maintenance, 

inspection, alterations, and status of replacement/overhaul component parts 

must be noted in the aircraft records, including total time in service, description 

of work accomplished, and the signature of the authorized person returning the 

UAS to service. 

15. Each UASs operated under this exemption must comply with all manufacturer 

Safety Bulletins. 

16. The authorized person must make an entry in the aircraft record of the 

corrective action taken against discrepancies discovered between inspections. 

17. The 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 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 

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 
14

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 

Commission (FCC) or other appropriate government oversight agency

requirements. 

28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be 

available to the PIC at the Ground Control Station of the UAS any time the 

UAS is operating. These documents must be made available to the 

Administrator or any law enforcement official upon request. 
15

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. Flight operations must be conducted at least 500 feet from all nonparticipating 

persons (persons other than the PIC, SO, operator trainees or essential persons), 

vessels, vehicles, and structures unless: 

a. Barriers or structures are present that sufficiently protect nonparticipating 

persons from the UA and/or debris in the event of an accident. The 

operator must ensure that nonparticipating persons remain under such 

protection. If a situation arises where nonparticipating persons leave such 

protection and are within 500 feet of the UA, flight operations must cease 

immediately and/or; 

b. The aircraft is operated near vessels, vehicles or structures where the 

owner/controller of such vessels, vehicles or structures has granted 

permission and the PIC has made a safety assessment of the risk of 

operating closer to those objects and determined that it does not present 

an undue hazard, and; 

c. Operations nearer to the PIC, SO, operator trainees or essential persons 

do not present an undue hazard to those persons per § 91.119(a). 

32. All operations shall be conducted over private or controlled-access property

with permission from the land owner/controller or authorized representative. 

Permission from land owner/controller or authorized representative will be 

obtained for each flight to be conducted.

33. Any incident, accident, or flight operation that transgresses the lateral or 

vertical boundaries of the operational area as defined by the applicable COA 

must be reported to the FAA's UAS Integration Office (AFS-80) within 24 

hours. Accidents must be reported to the National Transportation Safety Board 

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

Any Additional Information, Views, Or Arguments Available To Support Max Aerial 

Imagery, 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, Max Aerial Imagery, LLC request for 
16

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, Max Aerial Imagery, LLC will operate the DJI

Phantom 3 UAS safely in the NAS, without creating a hazard to users of the NAS, or the 

public, or otherwise pose a threat to national security. 

CONCLUSION

As set forth herein, Max Aerial Imagery, 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 Phantom 3 and DJI Inspire 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 Max Aerial Imagery, LLC to safely, efficiently, and economically operate the 

DJI Phantom 3 UAS commercially within the NAS. 

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

Modernization and Reform Act of 2012, Section 333, Max Aerial Imagery, LLC 

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), 
17

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit Max Aerial Imagery, 

LLC to operate the DJI Phantom 3 and DJI Inspire 1 UAS commercially for the purpose of 

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

Dated: December 30, 2015

Respectfully submitted,

Michael T. Harvey

Max Aerial Imagery, LLC 

50 Diamond Lane

Fredericksburg, Va. 22406

Tel: (540) 295-3298
18

Appendices:

A – DJI Phantom 3 Technical Specifications

 B – DJI Phantom 3 and DJI Inspire 1 Monthly Maintenance Log

 C – DJI Inspire 1 Technical Specifications 
19

APPENDIX – A

DJI PHANTOM 3 TECHNICAL SPECIFICATIONS

Max Aerial Imagery, LLC only utilizes safe and reliable UASs. DJI is an industry leader in 

small UAS production. DJI UASs are loaded with ground breaking software enabling the user 

to set parameters which will not allow flight into controlled airspace. Parameters can also be 

set to limit flight to no higher than a predetermined and set altitude as well as limit flight to a 

predetermined and set distance. In addition, DJI software provides real-time altitude and 

location information to the PIC via the linked monitor (smart phone/tablet devices) 

Aircraft

WEIGHT (INCLUDING BATTERY AND PROPELLERS)

1280 g

DIAGONAL SIZE (INCLUDING PROPELLERS)

590 mm

MAX ASCENT SPEED

5 m/s

MAX DESCENT SPEED

3 m/s

HOVER ACCURACY

 Vertical: +/- 0.1 m (when Vision Positioning is active) or +/- 0.5 m

 Horizontal: +/- 1.5 m

MAX SPEED

16 m/s (ATTI mode, no wind)

MAX ALTITUDE ABOVE SEA LEVEL

6000 m

OPERATING TEMPERATURE

0°C to 40°C

GPS MODE

GPS/GLONASS
20

APPENDIX – B

Monthly Maintenance Log for Phantom 3 and Inspire 1

UAS #

_____ Date Issue Maintenance Initials

Performed

Firmware

Check

Frame

Engines

Propellers

Camera

Gimbal

Landing

Gear

Vibration

Other:
21

APPENDIX – C

DJI INSPIRE 1 TECHNICAL SPECIFICATIONS

Max Aerial Imagery, LLC only utilizes safe and reliable UASs. DJI is an industry leader in 

small UAS production. DJI UASs are loaded with ground breaking software enabling the user 

to set parameters which will not allow flight into controlled airspace. Parameters can also be 

set to limit flight to no higher than a predetermined and set altitude as well as limit flight to a 

predetermined and set distance. In addition, DJI software provides real-time altitude and 

location information to the PIC via the linked monitor (smart phone/tablet devices) 

Aircraft MODEL

T600

WEIGHT (BATTERY INCLUDED)

2935 g

HOVERING ACCURACY (GPS MODE)

Vertical: 0.5 m

Horizontal: 2.5 m

MAX ANGULAR VELOCITY

Pitch: 300°/s

Yaw: 150°/s

MAX TILT ANGLE

35°

MAX ASCENT SPEED

5 m/s

MAX DESCENT SPEED

4 m/s

MAX SPEED

22 m/s (ATTI mode, no wind)

MAX SERVICE CEILING ABOVE SEA LEVEL

4500 m (Software altitude limit: 120 m above takeoff point)

MAX WIND SPEED RESISTANCE

10 m/s

MAX FLIGHT TIME

Approximately 18 minutes

MOTOR MODEL

DJI 3510H

PROPELLER MODEL

DJI 1345T

INDOOR HOVERING
22

Enabled by default

OPERATING TEMPERATURE RANGE

-10° to 40° C

DIAGONAL DISTANCE

559 to 581 mm

DIMENSIONS

438x451x301 mm

POWER SPECTRAL DENSITY

9.06mW/MHz

Gimbal MODEL

ZENMUSE X3

OPERATING CURRENT

Station: 750 mA

Motion: 900 mA

ANGULAR VIBRATION RANGE

±0.03°

MOUNTING

Detachable

CONTROLLABLE RANGE

Pitch: -90° to +30°

Pan: ±320°

MECHANICAL RANGE

Pitch: -125° to +45°

Pan: ±330°

MAX CONTROLLABLE SPEED

Pitch: 120°/s

Pan: 180°/s