UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

ASPHALT RECYCLING CONCEPTS, LLC

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS

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

(2), AND 91.417(a) & (b) 

CONCERNING COMMERCIAL OPERATION OF DJI Phantom 3 UNMANNED AIRCRAFT

SYSTEM PURSUANT TO SECTION 333 OF 

THE FAA MODERNIZATION AND REFORM ACT OF 2012 

(PUBLIC LAW 112-95)

Submitted on 12/15/2015

Asphalt Recycling Concepts, LLC

Attn: Scott Shipp

7702 NW Eastside Dr

Kansas City, MO 64152

816-305-0504

sshipp2@gmail.com
Table of Contents

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

SUMMARY............................................................................................................................................ 5 

INTRODUCTION AND INTERESTS OF PETITIONER................................................................5

BACKGROUND....................................................................................................................................5

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

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

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

CONCEPTS, LLC SEEKS THE EXEMPTION................................................................................7 

THE EXTENT OF RELIEF ASPHALT RECYCLING CONCEPTS, LLC SEEKS AND THE 

REASON ASPHALT RECYCLING CONCEPTS, LLC. SEEKS THE RELIEF.......................10 

THE REASONS WHY GRANTING ASPHALT RECYCLING CONCEPTS, LLC’S REQUEST 

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

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY AFFECT 

SAFETY................................................................................................................................................14 

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER..............................24 

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT

SCOTT SHIPP’S REQUEST............................................................................................................24 

CONCLUSION....................................................................................................................................24 

APPENDICES......................................................................................................................................26 
GLOSSARY OF ABBREVIATIONS 

AGL - Above Ground Level 

AOI - Area of Interest

ATC - Air Traffic Control 

ATO - Air Traffic Organization 

AV - Aerial Vehicle 

CFR - Code of Federal Regulations 

COA - Certificate of Authorization 

FAA - Federal Aviation Administration

FAR - Federal Aviation Regulation 

GCS - Ground Control Station 

GPS - Global Positioning System 

LOL - Loss of Link 

NAS - National Airspace System 

NOTAM - Notice to Airman

 PIC - Pilot In Command 

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

SO - Safety Observer

 SOP - Standard Operating Procedures 

UA - Unmanned Aircraft 

UAS - Unmanned Aircraft System

VFR - Visual Flight Rules 

VLOS - Visual Line of Site 
VMC - Visual Meteorological Conditions 

VTOL - Vertical Takeoff and Landing
SUMMARY

ASPHALT RECYCLING CONCEPTS, 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 ASPHALT 

RECYCLING CONCEPTS, LLC. to operate an Unmanned Aircraft System (UAS) for the commercial 

purpose of conducting aerial video and photography of real estate, and landscape over certain areas of 

the United States. 

INTRODUCTION AND INTERESTS OF THE PETITIONER

ASPHALT RECYCLING CONCEPTS, LLC is a recycling company that specializes in converting 

waste asphalt shingles used on residential houses into a product known as RAS (Reclaimed Asphalt 

Shingles) which is in turn used in the construction of asphalt roads and highways throughout the 

United States of America. ASPHALT RECYCLING CONCEPTS has an interest in using UAS 

equipment to better and more accurately measure and calculate inventory of both raw asphalt shingles 

and the processed RAS.

BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 3 UAS

ASPHALT RECYCLING CONCEPTS, LLC seeks an exemption to operate DJI systems for 

compensation or hire within the NAS. The DJI Phantom 3 vertical takeoff and landing (VTOL) 

Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart 

phone system. The DJI Phantom 3 has a maximum gross weight of 6 pounds 7.5 ounces, a length of 

17.3 inches, width of 17.7 inches, height of 11.8 inches, and a maximum speed of approximately 42 

knots. The DJI Phantom 3 UAS is equipped with four main rotors; driven by Lithium Polymer battery 

powered electric motors. 

BASIS FOR PETITION

Petitioner, ASPHALT RECYCLING CONCEPTS, 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 6 operate the DJI Phantom 3 UAS in the National Airspace System 

(NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 

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

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

aircraft and its operation, ASPHALT RECYCLING CONCEPTS, LLC. operation of DJI Phantom 3 

UAS meets the conditions of FMRA Section 333 and therefore, will not require an airworthiness 

certificate in accordance with 14 C.F.R. Part 21, Subpart H. 

Accordingly, ASPHALT RECYCLING CONCEPTS, 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. 
ASPHALT RECYCLING CONCEPTS, LLC. submits that the requested relief is proper since an 

equivalent level of safety will be ensured. ASPHALT RECYCLING CONCEPTS, LLC. will use 

experienced personnel or technicians to perform maintenance, alterations, or preventive maintenance 

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

Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual). Furthermore, ASPHALT 

RECYCLING CONCEPTS, LLC. will document and maintain all maintenance records for the DJI 

Phantom 3 UAS. 

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

limitations: Pilot in command, is requested by ASPHALT RECYCLING CONCEPTS, LLC. to the 

extent necessary to allow a Pilot in Command (PIC) holding a private pilot or higher level certificate, 

as well as an airman medical certificate, and who has demonstrated, by meeting minimum flight- hour 

and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 UAS in a manner 

consistent with this exemption, including evasive and emergency maneuvers and maintaining 

appropriate distances from people, vessels, vehicles and structures and situations where emergency first

responders are in the area. 

ASPHALT RECYCLING CONCEPTS, LLC. seeks relief from Section 91.7(a), entitled Civil aircraft 

airworthiness, because the DJI Phantom 3 UAS do not require an airworthiness certificate in 

accordance with 14 C.F.R. Part 21, Subpart H. As such, ASPHALT RECYCLING CONCEPTS, LLC. 

submits that they will ensure that the DJI Phantom 3 UAS is in an airworthy condition, prior to every 

flight, by determining that the UAS is in compliance with the operating documents (i.e., Monthly 

Maintenance Log, and DJI Phantom 3 Instruction Manual), and that the aircraft are in a condition for 

safe flight. They will utilize the preflight instructions provided by DJI to ensure airworthiness checks 

prior to each flight. 

ASPHALT RECYCLING CONCEPTS, LLC. also seeks an exemption from the requirements of 

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

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

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

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

This altitude information, combined with ASPHALT RECYCLING CONCEPTS, LLC.’s operation of 

the DJI Phantom 3 UAS within visual line of sight, at or below 400 feet AGL, will ensure a level of 

safety equivalent to Section 91.121. 

Additionally, ASPHALT RECYCLING CONCEPTS, LLC. seeks an exemption from the requirements 

of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions. ASPHALT RECYCLING

CONCEPTS, LLC. submits that safety will not be affected by operation of the DJI Phantom 3 UAS 

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

with enough battery power to fly for a total duration of approximately 23 minutes. Battery power 

indicators are also able to show exactly how much battery power is left, as well as how much time is 

needed to return safely back to point of take off. 
In accordance with 14 C.F.R. § 11.81, ASPHALT RECYCLING CONCEPTS, LLC. provides the 

following information in support of its petition for exemption: 

A. Name and Address Of The Petitioner.

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

ASPHALT RECYCLING CONCEPTS, LLC

ATTN: Scott Shipp

7702 NW Eastside Dr.

Kansas City, MO 64152

816-305-0504

sshipp2@gmail.com

B. The Specific Sections Of 14 C.F.R. From Which ASPHALT RECYCLING CONCEPTS, LLC. 

Seeks Exemption. 

1. ASPHALT RECYCLING CONCEPTS, LLC. Seeks Exemption From The Requirements Of 

Section 61.113(a) And (b).

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

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

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

 of an aircraft that is carrying passengers or property for compensation or hire; nor 

 may 8 that person, for compensation or hire, act as PIC of an aircraft. 

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

 with any business or employment if— 

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

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

hire.

2. ASPHALT RECYCLING CONCEPTS, 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 airworthy condition.

3. ASPHALT RECYCLING CONCEPTS, LLC. Seeks Exemption From The Requirements Of 

Section 91.121.

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

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

 that aircraft, as the case may be, by reference to an altimeter that is set, when 
 operating-- 

(1) Below 18,00 feet MSL, to -

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

 within 100 nautical miles of the aircraft;

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

of this section, the current reported altimeter setting of an appropriate 

available station; or

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

 the departure airport or an appropriate altimeter setting available 

 before departure. 

4. ASPHALT RECYCLING CONCEPTS, LLC. Seeks Exemption From The Requirements Of 

Section 91.151(b).

Section 91.151, entitled Fuel requirements for flight in VFR conditions, subsection (b) states the

following:

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

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

 first point of intended landing and, assuming normal cruising speed, to fly after that f

 or at least 20 minutes. 

5. ASPHALT RECYCLING CONCEPTS, LLC. Seeks Exemption From The Requirement Of 

Section 91.405(a). 

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

or operator of an aircraft— 

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

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

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

6. ASPHALT RECYCLING CONCEPTS, LLC. Seeks Exemption From The Requirements Of 

Section 91.407(a)(1) 

Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, or 

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

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

 maintenance, rebuilding, or alteration unless-- 

(1) It has been approved for return to service by a person authorized under § 43.7

 of this chapter[.] 
7. ASPHALT RECYCLING CONCEPTS, 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. 

8. ASPHALT RECYCLING CONCEPTS, LLC. Seeks Exemption From The Requirements Of 

Sections 91.417(a) And 91.417(b). 

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

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

 owner or operator shall keep the following records for the periods specified in 

 paragraph (b) of this section: 

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

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

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

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

 include-- 

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

 the work performed; and 

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

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

 aircraft for return to service. 

(2) Records containing the following information

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

 and each rotor. 

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

 propeller, rotor, and appliance. 
(iii) The time since last overhaul of all items installed on the aircraft 

 which are required to be overhauled on a specified time basis. 

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

 the last inspection required by the inspection program under which 

 the aircraft and its appliances are maintained. 

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

 safety directives including, for each, the method of compliance, the 

 AD or safety directive number and revision date. If the AD or safety 

 directive involves recurring action, the time and date when the next 

 action is required. 

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

 major alteration to the airframe and currently installed engines, 

 rotors, propellers, and appliances. 

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

 prescribed: 

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

 retained until the work is repeated or superseded by other work or for 

 1 year after the work is performed 

(2) The records specified in paragraph (a)(2) of this section shall be 

 retained and transferred with the aircraft at the time the aircraft is 

 sold. 

(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 ASPHALT RECYCLING CONCEPTS, LLC. Seeks And 

 The Reason ASPHALT RECYCLING CONCEPTS, LLC. Seeks The Relief.

1. Extent Of Relief ASPHALT RECYCLING CONCEPTS, LLC. Seeks And The Reason 

ASPHALT RECYCLING CONCEPTS, 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 flighthour 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, ASPHALT RECYCLING CONCEPTS, 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 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 and situations where 

emergency first responders are in the area. 

 

Further, ASPHALT RECYCLING CONCEPTS, LLC. submits that all flights of the DJI Phantom 3 

UAS, conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to ASPHALT 

RECYCLING CONCEPTS, LLC.’s business; and (2) will not carry passengers or property for 

compensation or hire. 

2. Extent Of Relief ASPHALT RECYCLING CONCEPTS, LLC. Seeks And The Reason 

ASPHALT RECYCLING CONCEPTS, 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 ASPHALT RECYCLING CONCEPTS, LLC. to determine that the DJI Phantom 3 UASs is in 

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

documents (i.e., the ASPHALT RECYCLING CONCEPTS, LLC. Aerial Operations Manual, Monthly 

Maintenance Log, and DJI Phantom 3 Instruction Manual). 

ASPHALT RECYCLING CONCEPTS, LLC. seeks the requested relief because the DJI Phantom 3 

UAS does not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. 

Therefore, ASPHALT RECYCLING CONCEPTS, LLC. will ensure that the DJI Phantom 3 UAS is in 

airworthy condition based upon its compliance with the operating documents (i.e., Monthly 

Maintenance Log, and DJI Phantom 3 Instruction Manual) prior to every flight, and further, determine 

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

3. Extent Of Relief ASPHALT RECYCLING CONCEPTS, LLC. Seeks And The Reason 

ASPHALT RECYCLING CONCEPTS, 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 UAS, which utilize a barometric pressure sensor, GPS equipment, and a radio 

communications telemetry data link to downlink altitude information from the UA to the PIC at the 

ground control station (GCS). Since the FAA requires that any altitude information concerning UAS 

operations be reported to air traffic control (ATC) in feet above ground level (AGL), ASPHALT 

RECYCLING CONCEPTS, LLC. seeks the requested relief because the DJI Phantom 3 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. As more fully 

set forth herein, an equivalent level of safety will be maintained since the DJI Phantom 3 UAS is 

equipped with a barometric pressure sensor and GPS equipment, which automatically ensures that a 

ground level pressure setting will be established prior to each flight, and provides the PIC with altitude 

information of the UA on the heads-up display of the GCS.
4. Extent Of Relief ASPHALT RECYCLING CONCEPTS, LLC. Seeks And The Reason 

ASPHALT RECYCLING CONCEPTS, LLC. Seeks Relief From Section 91.151(b).

Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is requested to 

the extent required to allow flights of the battery powered DJI Phantom 3 UAS during daylight hours in

visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 23 

minutes. ASPHALT RECYCLING CONCEPTS, LLC. the requested relief because without an 

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

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

RECYCLING CONCEPTS, LLC. proposes to conduct pursuant to this Petition.

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

Phantom 3 operating documents, and 2Surge's proposed operating limitations, ensure that ASPHALT 

RECYCLING CONCEPTS, LLC. will safely operate the battery powered DJI Phantom 3 UAS during 

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

enough battery power to fly for a total duration of 23 minutes.

5. Extent Of Relief ASPHALT RECYCLING CONCEPTS, LLC. Seeks And The Reason 

ASPHALT RECYCLING CONCEPTS, 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, ASPHALT RECYCLING CONCEPTS, LLC. requests relief 

from these Sections because the DJI Phantom 3 UAS does not require airworthiness certificates. As set 

forth more fully below, the DJI Phantom 3 UAS meets the conditions of FMRA Section 333 for 

operation without an airworthiness certificate. Accordingly, ASPHALT RECYCLING CONCEPTS, 

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 (i.e.,

the ASPHALT RECYCLING CONCEPTS, LLC. Aerial Operations Manual, Monthly Maintenance 

Log, and DJI Phantom 3 Instruction Manual). Furthermore, ASPHALT RECYCLING CONCEPTS, 

LLC. will document and maintain all maintenance records for the DJI Phantom 3 UAS.

D. The Reasons Why Granting ASPHALT RECYCLING CONCEPTS, 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 ASPHALT RECYCLING 

CONCEPTS, LLC. to safely, efficiently, and economically perform aerial video and photography of 

real estate, and landscape over certain areas of the United States. Additionally, use of the DJI Phantom 

3 UAS will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the 

economy. Notably, the benefits of ASPHALT RECYCLING CONCEPTS, LLC.’s proposed operation 

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

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

The DJI Phantom 3 UAS is battery powered and serves as a safe, efficient, and economical alternative 

to the manned aircraft traditionally utilized to obtain aerial imagery. By reducing the amount of manned

aircraft needed to perform aerial acquisitions, an exemption allowing the use of a DJI Phantom 3 UAS 

would reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as well as 

increase the safety of life and property in the air and on the ground.
Furthermore, by reducing the number of manned aircraft operating in the NAS, congestion around 

airports caused by arriving and departing aircraft will be reduced. The DJI Phantom 3 UAs does not 

require an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial video 

and photography missions would result in fewer aircraft that must be handled by air traffic control 

during the ground, takeoff, departure, arrival, and landing phases of flight operations. 

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

Conducting aerial acquisitions with the DJI Phantom 3 UAS, instead of manned aircraft, will greatly 

benefit the public by drastically reducing the levels of air and noise pollution generated during 

traditional aerial video and still photography flight operations. By using battery power and electric 

motors, the DJI Phantom 3 UAS 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, while burning approximately 20-30 gallons per hour

of leaded aviation fuel. The DJI Phantom 3 UAS, while reducing the carbon footprint of aerial 

acquisitions, also eliminates noise pollution, as the UAS are propelled by battery powered electric 

motors, rather than an internal combustion engine

By using the DJI Phantom 3 UAS to perform aerial acquisitions, the substantial risk to life and property

in the air and on the ground, which is usually associated with traditional manned aircraft flight 

operations, will be substantially reduced or completely eliminated. Aside from the lack of flight crew 

members located onboard the aircraft, the DJI Phantom 3 UAS (weighing approximately 2.8 pounds at 

their maximum gross weight with diagonal dimension of 23.2 inches, 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 6,000 pounds 

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

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

Benefit The Economy.

In addition to being safe and efficient, the DJI Phantom 3 UAS is also an economical alternative to 

using manned aircraft to conduct similar aerial operations. As such, operation of the DJI Phantom 3 

UAS will allow United States based companies, like ASPHALT RECYCLING CONCEPTS, 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 UAS, companies such as ASPHALT RECYCLING CONCEPTS, 

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 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 many years, 

ASPHALT RECYCLING CONCEPTS, LLC.’s proposed operation of the DJI Phantom 3 UAS will not

implicate any privacy issues. Specifically, the DJI Phantom 3 UAS will be operated only in compliance

with operating documents (i.e., the ASPHALT RECYCLING CONCEPTS, LLC. Aerial Operations 

Manual, Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual) which requires property 

owner involvement and permission to videotape/photograph as well as local law enforcement 

notification, and in accordance with the Federal Aviation Regulations, including the minimum altitude 

requirements of 14 C.F.R. § 91.119. 

E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or How The 

Exemption Would Provide A Level Of Safety At Least Equal To That Provided By The Rule 

From Which ASPHALT RECYCLING CONCEPTS, LLC. Seeks Exemption.

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

Reform Act of 2012 (FMRA) Section 333.

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

aircraft and its operation, ASPHALT RECYCLING CONCEPTS, LLC.’s operation of the DJI Phantom

3 UAS meets the conditions of FMRA Section 333, and will not require an airworthiness certificate in 

accordance with 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, ASPHALT RECYCLING CONCEPTS, LLC. submits that the DJI Phantom 

3 UAS can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the 

characteristics of the DJI Phantom 3 UAS; (b) the pilot certification requirement; and (c) the specific 

operating limitations.

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

 The DJI Phantom 3 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 Phantom 3 UAS. 

 

 The technical specifications of the DJI Phantom 3 UAS is listed as Appendix A

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

 The UAS To Remain Within A Defined Operational Area. 

 The DJI Phantom 3 UAS may be operated in both manual and fully autonomous 

 flight modes. A complete description of the flight and navigational modes of the DJI 

 Phantom 3 UAS is provided at pages 12-16 and 45-50 of the DJI Phantom 3 User 

 Manuals

(iii) The DJI Phantom 3 UAS is 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 UAS will remain stationary, in 

 flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 3 UAs does not 

 reacquire control link data from the GCS, the UAS will assume that the Control 

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

 GPS, and will descend to the takeoff position and shutdown

 A complete description of the Failsafe Functions of the DJI Phantom 3 UAS is set 

 forth at pages 13 through 15 attached hereto as Appendix B.

(iv) The DJI Phantom 3 GCS And Its Operation

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

 GCS and flight control software is provided at pages 40 through 47 of the DJI 

 Phantom 3 User Manual. DJI Phantom 3 User Manuals is attached hereto as 

 Appendix B
b. Flight Operations Of DJI Phantom 3 UAS is Limited To The Line Of Sight Of A 

 Certificated Pilot in Command With A Safety Observer. 

 ASPHALT RECYCLING CONCEPTS, LLC. properly certified staff will be the only persons

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

 observer will assist in flights

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

 Limitations.

 In seeking this exemption, ASPHALT REYCLING CONCEPTS proposes to commercially 

 operate DJI Phantom 3 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 Unmanned Aircraft Systems. Proposed operations of any other 

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

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

of aerial video and photography. 

 

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

4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL), as 

indicated by the procedures specified in the operating documents unless a special request is 

made and approved by ATC. All altitudes reported to ATC must be in feet AGL. 

5. The 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 preflight inspection. All maintenance and alterations must be properly 

documented in the aircraft records. 

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

characteristics, e.g. replacement of a flight critical component, must undergo a functional test 

flight. The PIC who conducts the functional test flight must make an entry in the aircraft 

records. 

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

components, items, or equipment, not already covered in the relevant sections of the operating 

documents. 

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

replacement, inspection, and life limit requirements. 

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

accordance with the operating documents. Maintenance, inspection, alterations, and status of 

replacement/overhaul component parts must be noted in the aircraft records, including total 

time in service, description of work accomplished, and the signature of the authorized person 

returning the UAS to service. 

15. Each UAS operated under this exemption must comply with all manufacturer Safety Bulletins. 

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

against discrepancies discovered between inspections. 

17. The PIC must possess at least a private pilot certificate and at least a current third- class medical

certificate. 

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 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 400 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 pre- determined 

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. 

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. 

1. Flight operations must be conducted at least 400 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 400 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. 

2. Reasons Why An Exemption From The Requirements Of Section 61.113(a) And (b) Would Not 

Adversely Affect Safety. 

ASPHALT RECYCLING CONCEPTS, 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 

Phantom 3 UAS unless that PIC has demonstrated, by meeting minimum flight-hour and currency 

requirements, that the PIC is able to safely operate the DJI Phantom 3 UAS in a manner consistent with

the exemption,including evasive and emergency maneuvers and maintaining appropriate distances from

people, vessels, vehicles and structures. 

Considering ASPHALT RECYCLING CONCEPTS, LLC.’s proposed area of operations, and the 

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

requirements to those of commercial pilot requirements (See Exemption No. 11062); and the 

airmanship skills necessary to safely operate the DJI Phantom 3 UAS, ASPHALT RECYCLING 
CONCEPTS, LLC. submits that the additional manned airmanship experience of a commercially 

certificated pilot would not correlate to the airmanship skills necessary for ASPHALT RECYCLING 

CONCEPTS, LLC.’s specific proposed flight operations. 

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

circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 

11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 

11158, 11159, 11160, 11161). 

ASPHALT RECYCLING CONCEPTS, LLC. will not allow any PIC to operate the DJI Phantom 3 

UAS unless that PIC has demonstrated, by meeting minimum flight-hour requirements or the DJI 

Phantom 3 UAS training and currency requirements, that the PIC is able to safely operate the DJI 

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

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

Specifically, the PIC must have accumulated and logged, in a manner consistent with 14 C.F.R. § 

61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5 hours of those hours as 

a UAS pilot operating the same make and model of UAS to be used for operations under the 

exemption). In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in 

the preceding 90 days (for currency purposes). 

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 ASPHALT 

RECYCLING CONCEPTS, LLC.’s proposed operations. The Administrator has held that prior 

documented flight experience that was obtained in compliance with applicable regulations would 

ensure safe operations, stating as follows: 

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

of motion picture filming (or similar operations), the PIC must have accumulated and logged,in

a manner consistent with 14 CFR 61.51(b), 25 hours of total time as a UAS rotorcraft pilot 

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

under Exemption No. 11062, the PIC must also have accumulated and logged a minimum of 5 

hours as a UAS pilot operating the same make and model of UAS to be used for operations 

under the exemption. For clarification, the FAA considers these minimum hour requirements to 

be inclusive rather than additive; i.e. 5 hours make and model time may be included in the 10 

hours of multi-rotor time and the 10 hours may be included in the total 25 hours of UAS 

rotorcraft time. In addition to the hour requirements, the PIC must accomplish 3 takeoffs and 

landings in the preceding 90 days (for currency purposes). The FAA finds that at a minimum, 

the flight-hour requirements in Exemption No. 11062 are appropriate to practice and build 

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

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

applicable regulations would satisfy this requirement. Training, proficiency, and experience 

building flights can also be conducted under the grant of exemption to accomplish the required 

flight time. During training, proficiency, and experience-building flights the PIC is required to 

operate the UA with appropriate distances in accordance with 14 C.F.R 91.119. 

Exemption No. 11138 at page 15. 

Accordingly, ASPHALT RECYCLING CONCEPTS, LLC. will ensure safe operations by not allowing 
any PIC to operate the DJI Phantom 3 UAS unless that PIC has demonstrated, by meeting minimum 

flight-hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 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, ASPHALT RECYCLING CONCEPTS, LLC. will ensure that the DJI Phantom 3 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 Phantom 3 UAS will be provided to the PIC via GPS equipment and a radio 

communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of

the flight path and altitude. This altitude information, combined with ASPHALT RECYCLING 

CONCEPTS, LLC.’s operation of the DJI Phantom 3 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 Phantom 3 UAS; (2) the limitations 

on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingly, 

ASPHALT RECYCLING CONCEPTS, LLC. will ensure that it will safely operate the battery powered

DJI Phantom 3 UAS during daylight hours in VFR conditions, with enough battery power to fly for a 

total duration of 23 minutes.

Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom 3 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 Phantom 3 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 15% remaining battery power. At the critically low battery 

level, the DJI Phantom 3 UAS will descend and land automatically.

Significantly, previous exemptions granted by the FAA concerning Section 91.151 establish that safety 

is not adversely affected when the technical characteristics and operating limitations of the UAS are 

considered. Relief has been granted for manned aircraft to operate at less than the minimums prescribed

in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has 

previously granted relief from Section 91.151 specific to UAS, in circumstances similar, in all material 

respects, to those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063, 

11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 

11159, 11160, 11161).

6. Reasons Why An Exemption From The Requirements Of Sections 91.405(a), 91.407(a)(1), 

91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would Not Adversely Affect Safety. 

 In seeking this exemption, ASPHALT RECYCLING CONCEPTS, 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 

ASPHALT RECYCLING CONCEPTS, 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 ASPHALT RECYCLING CONCEPTS, LLC. Aerial 

Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual). Furthermore, 

ASPHALT RECYCLING CONCEPTS, LLC. will document and maintain all maintenance records for 

the DJI Phantom 3 UAS. 

Since the DJI Phantom 3 UAS will be inspected as prescribed by the operating documents, ASPHALT 

RECYCLING CONCEPTS, LLC. will maintain the equivalent level of safety established by Sections 

91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of the DJI Phantom 3 User Manual is attached hereto

as Appendix B. 

Likewise, the exemption sought will not adversely affect safety because ASPHALT RECYCLING 

CONCEPTS, LLC. will use trained technicians to perform maintenance, alterations or preventive 

maintenance on the UAS using the methods, techniques, and practices prescribed by the operating 

documents. 

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

Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the DJI Phantom 3 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 ASPHALT RECYCLING CONCEPTS, LLC.’s proposed operating limitations, the 

operating documents, and the technical aspects of the DJI Phantom 3 UAS, ASPHALT RECYCLING 

CONCEPTS, 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 Safe Operation.

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14 

C.F.R. § 21.16 entitled Special Conditions, ASPHALT RECYCLING CONCEPTS, LLC. requests that 

the FAA prescribe special conditions for the intended operation of the DJI Phantom 3 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 photography over certain areas of the United States for compensation or hire. FMRA Section

333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS

or the public, or otherwise pose a threat to national security; and further, provides the authority for such

UAS to operate without airworthiness certification in accordance with any requirements that must be 

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

Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for 

operation of the DJI Phantom 3 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 in the regulations.

See 14 C.F.R. § 21.16

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

special conditions for Leading Edge’s intended operation of the DJI Phantom 3 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). 

• A Summary That Can Be Published In The Federal Register, stating: The Rules From Which 

ASPHALT RECYCLING CONCEPTS, LLC Seeks Exemption:

ASPHALT RECYCLING CONCEPTS, LLC. seeks exemption from the requirements of 14 

C.F.R Sections 61.113(a)&(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a) 

(1) & (a)(2), and 91.417(a) & (b).
A Brief Description Of The Nature Of The Exemption ASPHALT RECYCLING 

CONCEPTS, LLC. Seeks

This exemption will permit ASPHALT RECYCLING CONCEPTS, LLC. to commercially operate

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

photography over certain areas of the United States.

• Any Additional Information, Views, Or Arguments Available To Support ASPHALT 

RECYCLING CONCEPTS, LLC.’s Request. 

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

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

operate safely in the NAS. As such, ASPHALT RECYCLING CONCEPTS, LLC.’s request for 

exemption may be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as set

forth above.

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

users of the NAS or the public, or otherwise pose a threat to national security; and further, provides the 

authority for such UAS to operate without airworthiness certification.

As discussed in detail above, ASPHALT RECYCLING CONCEPTS, 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, ASPHALT RECYCLING CONCEPTS, 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 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 ASPHALT RECYCLING CONCEPTS, 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, ASPHALT RECYCLING CONCEPTS, 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), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 

91.417(a) & (b), and permit ASPHALT RECYCLING CONCEPTS. LLC. to operate the DJI Phantom 

3 UAS commercially for the purpose of conducting aerial video and photography over certain areas of 

the United States. 
Respectfully submitted on 12/15/2015

ASPHALT RECYCLING CONCEPTS, LLC.

Attn: Scott Shipp

7702 NW Eastside Dr.

Kansas City, MO 64152

816-305-0504

sshipp2@gmail.com
Appendices:

A – DJI Phantom 3 Technical Specifications

APPENDIX- A

DJI Phantom 3 TECHNICAL SPECIFICATIONS 

ASPHALT RECYCLING CONCEPTS, 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

2.2 DJI Inspire 1

2.2.1 Aircraft

2.2.1.1 Model – Phantom 3 

2.2.1.2 Weight (Battery Included) – 1280 grams 

2.2.1.3 Hovering Accuracy (GPS Mode) – Vertical: +/- 10cm; 

 Horizontal: +/-1m

 2.2.1.4 Max Angular Velocity –Yaw: 200 /s 2.2.1.5 Max Tilt 0

 Angle - 35 0

2.2.1.6 Max Ascent Speed – 5m/s 

2.2.1.7 Max Descent Speed – 3m/s 

2.2.1.8 Max Speed – 16m/s (ATTI mode, no wind – NOT RECOMMENDED) 

2.2.1.9 Max Flight Altitude – 6000m 

2.2.1.10 Max Flight Time – Approximately 23 minutes 

2.2.1.12 Motor Model – DJI 3510 2.2.1.13 Propeller Model 

 – DJI 1345 

2.2.1.14 Operating Temperature Range – 14 F to 104 F 0 0

 (-10 C to 40 C) 0 0

2.2.1.15 Dimensions – 17 1⁄4” x 17 3⁄4” x 12” 

2.2.2 Gimbal 

2.2.2.1 Model – ZENMUSE X3 

2.2.2.2 Output Power (with camera) – Static: 9W; In Motion: 11W 

2.2.2.3 Operating Current – Static: 750mA; In Motion: 900mA 

2.2.2.4 Angular Vibration Range - ±0.03 2.2.2.5 Mounting – Detachable 0

2.2.2.6 Controllable Range – Pitch: -90 to +30 ; Pan: ±320 0 0 0

2.2.2.7 Mechanical Range – Pitch: -125 to 45 ; Pan: ±330 0 0 0

2.2.2.8 Max Controllable Speed – Pitch: 120 /s; Pan: 180 /s 0 0
2.2.3 Camera

2.2.3.1 Name – Sony EXMOR 

2.2.3.2 Model – 12.4M Pixel 

2.2.3.3 Total Pixels – 12.4M 

2.2.3.4 Effective Pixels – 12.76M 

2.2.3.5 Image Max Size – 4000x3000 

2.2.3.6 ISO Range – 100-3200 2.2.3.7 Field of View - 94 0

2.2.3.8 CMOS – Sony EXMOR 1/2.3” 2.2.3.9 HD Video Recording – 

UHD(4K): 4096x2160p24/25, 3840x2160p24/25/30; FHD: 

1920x1080p24/25/30/48/50/60; HD: 1280x720p24/25/30/48/50/60 

2.2.3.10 Operating Temperature Range - 32 F - 104 F (0 C - 40 C) 0 0 0 0

2.2.4 Transmitter 

2.2.4.1 Name – C1 

2.2.4.2 Operating Frequency – 5.728-5.850GHz; 2.400-2.483GHz 

2.2.4.3 Communicating Distance (unobstructed) – 2000m 

2.2.4.4 Output Power – 9W 

2.2.4.5 Operating Temperature Range - 14 F to 104 F (-10 C to 40 C) 0 0 0 0

2.2.4.6 Battery – 600mAh LiPo 2S 

Appendix B

DJI Phantom 3 User Manual

http://download.dji-innovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual_v1.2_en.pdf