UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC

Regulatory Docket No. _______________

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

CityCom Marketing, 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 SYSTEMS

PURSUANT TO SECTION 333 OF 

THE FAA MODERNIZATION AND REFORM ACT OF 2012

(PUBLIC LAW 112-95)

Submitted on 9/10/2015

By: Brian Weis

CityCom Marketing, LLC

N89W16790 Appleton Ave

Menomonee Falls, WI 53051

Tel: 414-617-0180

Email: brianweis@outlook.com

Contents

GLOSSARY OF TERMS ......................................................................................................................................4

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

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

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

BASIS FOR PETITION........................................................................................................................................6

APPENDIX ......................................................................................................................................................31
GLOSSARY OF TERMS

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 

GSC - 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 Safety Observer 

SOP - Standard Operating Procedures 

UA - Unmanned Aircraft 

UAS - Unmanned Aircraft System 

VFR - Visual Flight Rules 

VLOS - Visual Line of Site 

VMS - Visual Meteorological Conditions 

VTOL - Vertical Takeoff and Landing 
SUMMARY

CITYCOM MARKETING LLC (Owner, Brian Weis) seeks exemption from the requirements of 14 C.F.R §§ 

61.113(a) & (b), 91.7(a), 91.119 (c), 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 Brian Weis (CITYCOM 

MARKETING LLC) to operate an Unmanned Aircraft System (UAS) for the commercial purpose of 

conducting aerial video and photography of real estate, commercial properties and landscapes over 

certain areas within the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

CITYCOM MARKETING LLC seeks to establish and provide a service provider based company capable of 

providing high quality aerial images and videos to its clients with the safest and most cost effective 

means available. The focus of CITYCOM MARKETING LLC is to provide these services to the following 

commercial markets:

 Aerial Photography and Videography For Landscape Photography (i.e. Golf Courses)

 Aerial Photography and Videography For Real Estate and Commercial Properties

 Aerial Photography and Videography For Construction Projects

 Aerial Photography and Videography For Commercial Agriculture

BACKGROUND 

CITYCOM MARKETING LLC seeks an exemption to operate DJI systems for compensation or hire within 

the NAS. The DJI Phantom 3 is a VTOL (vertical takeoff and landing) Unmanned Aircraft (UA) with a 

Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. The DJI Phantom 3 has 

a maximum gross weight of approximately 2 pounds 11 ounces, with the dimensions of 16x16 inches 

wide, height of 8 inches, and a maximum speed of approximately 31 knots. The DJI Phantom 3 is driven 

by rechargeable Lithium Polymer battery powered electric motors that drive four main rotors. 

The DJI Phantom 3 UA that will be operated by CITYCOM MARKETING LLC will be registered in 

accordance with 49 U.S.C. 44103, Registration of Aircraft, as well as 14 C.F.R Part 47, Aircraft 

Registration, and marked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking.

The proposed aerial filming will be conducted over private property with controlled access in the NAS 

and with the knowledge and permit of the private property’s owner.
BASIS FOR PETITION 

Petitioner, CityCom Marketing, 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 Professional UAS 

in the National Airspace System (NAS), and for an exemption from the requirements of 14 

C.F.R §§ 61.113(a) & (b), 91.109, 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, CityCom Marketing, LLC operation of DJI Phantom 3 Professional 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, CityCom Marketing, 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. 

CityCom Marketing, LLC submits that the requested relief is proper since an equivalent level of safety 

will be ensured. CityCom Marketing, LLC will use experienced personnel or technicians to perform 

maintenance, alterations, or preventive maintenance on the UAS’s using the methods, techniques, 

and practices prescribed in the operating documents (i.e., Monthly Maintenance Log, DJI Phantom 3 

Professional Instruction Manual). Furthermore, CityCom Marketing, LLC will document and maintain 

all maintenance records for the DJI Phantom 3 Professional UAS. 

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

limitations: Pilot In Command, is requested by CityCom Marketing, LLC to the extent necessary to allow 

a Pilot in Command (PIC) holding a Supplemental Pilot Certificate, and who has demonstrated, by 

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

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

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

structures. 

CityCom Marketing, LLC seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, 

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

accordance with 14 C.F.R. Part 21, Subpart H. As such, CityCom Marketing, LLC submits that it will 

ensure that the DJI Phantom 3 Professional UAS are 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 Professional Instruction Manual), and that the aircraft are in a 

condition for safe flight. CityCom Marketing, LLC also seeks an exemption from the requirements of 

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

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

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

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

of the flight path. This altitude information, combined with CityCom Marketing, LLC’s operation of 
the DJI Phantom 3 Professional UAS within visual line of sight, at or below 200 feet AGL, will ensure a 

level of safety equivalent to Section 91.121. 

Additionally, CityCom Marketing, LLC seeks an exemption from the requirements of Section 91.151(b), 

entitled Fuel requirements for flight in VFR conditions. CityCom Marketing, LLC submits that safety will 

not be affected by operation of the DJI Phantom 3 Professional 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 approximately 13.5 minutes to the first point of intended landing and, assuming 

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

In accordance with 14 C.F.R. § 11.81, CityCom Marketing, 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: 

Brian Weis

CityCom Marketing, LLC

N89W16790 Appleton Ave

Menomonee Falls, WI 53051 

Tel: 414-617-0180

Email:brianweis@outlook.com 

B. The Specific Sections Of 14 C.F.R. From Which CityCom Marketing, LLC Seeks

Exemption.

1. CityCom Marketing, 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 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. CityCom Marketing, 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. CityCom Marketing, 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 18,000 feet MSL, to--

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

100 nautical miles of the aircraft; 

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

section, the current reported altimeter setting of an appropriate available 

station; or 

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

departure airport or an appropriate altimeter setting available before 

departure. 

4. CityCom Marketing, 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 for at least 20 minutes. 

5. CityCom Marketing, 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. CityCom Marketing, 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. CityCom Marketing, 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. CityCom Marketing, 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 CityCom Marketing, LLC Seeks And The Reason CityCom 

Marketing, LLC Seeks The Relief.

1. Extent Of Relief CityCom Marketing, LLC Seeks And The Reason CityCom Marketing, 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 

Supplemental Pilot 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, CityCom Marketing, LLC submits that an equivalent 

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

Phantom 3 Professional UA unless that PIC has met certain flight-hour and currency 

requirements, demonstrating that the PIC is able to safely operate either the

Phantom 3 Professional UAS in a manner consistent with the operations 

specifications as described in this exemption, including evasive and emergency 

maneuvers, as well as maintaining appropriate distances from people, vessels, 

vehicles and structures. Further, CityCom Marketing, LLC submits that all flights of 

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

Petition: (1) will be incidental to CityCom Marketing, LLC business; and (2) will not 

carry passengers or property for compensation or hire. 

CityCom Marketing, LLC believes that though UAS are not traditional aircrafts, a PIC 

operating the UA must have knowledge of Airman rules, basic Airspace and comply 

with all the rules proposed by the FAA. However, considering the fact that a UA is 

almost like a toy, weighing less than a skinny person, the PIC may be except from 

obtaining a Private Pilot Certificate, a Sports Certificate, a Recreational Certificate 

considering these certificates require flight hours of several thousand tons weighing 

aircrafts. The operation of UAS by CityCom Marketing, LLC is strictly for 

entertainment / informational purposes, thus the operators of the UAS have a career 

and / or freelance employment as a Camera Operator and Cinematographer and will 

be not be entertaining a career as a pilot. Lastly, CityCom Marketing, LLC PICs will 

operate the UAS no higher than 200 feet, consequently causing no danger do any 

other aircraft in the NAS. However, CityCom Marketing, LLC Proposes PIC 

Certification as a Supplemental pilot and a minimum requirement of successfully 

completed private pilot ground school. Additionally, supplemental pilots without a 

current FAA private pilot certificate must have successfully passed the private pilot, 
commercial pilot, or airline transport pilot knowledge test within the past 24 

calendar months. 

2. Extent Of Relief CityCom Marketing, LLC Seeks And The Reason CityCom 

Marketing, 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 CityCom Marketing, LLC to determine that the Phantom 3 

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

UAS is in compliance with the operating documents (i.e., the CityCom Marketing, LLC

Aerial Operations Manual, Monthly Maintenance Log, and , Phantom 3 Professional 

Instruction Manual). CityCom Marketing, LLC seeks the requested relief because the 

DJI Phantom 3 Professional UAS do not require an airworthiness certificate in 

accordance with 14 

C.F.R. Part 21, Subpart H. Therefore, CityCom Marketing, LLC will ensure that the 

UAS are in airworthy condition based upon its compliance with the operating 

documents (i.e., Monthly Maintenance Log, and , Phantom 3 Professional 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 CityCom Marketing, LLC Seeks And The Reason CityCom 

Marketing, LLC Seeks Relief From Section 91.121. 

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

flight operations of the Phantom 3 Professional 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), 

CityCom Marketing, LLC seeks the requested relief because the Phantom 3

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

the local barometric pressure or field altitude, before each flight. Considering the 

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

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

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

since the DJI Phantom 3 Professional UAS are equipped with a barometric pressure 

sensor and GPS equipment, which automatically ensures that a ground level pressure 

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

information of the UA on the heads-up display of the GCS. 

4. Extent Of Relief CityCom Marketing, LLC Seeks And The Reason CityCom 

Marketing, 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 , Phantom 3 Professional UAS during daylight hours in visual meteorological 

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

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

after that for at least 4.5 minutes. CityCom Marketing, 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 UA will severely constrain the practicality of any 

aerial video or still photo flight operations that CityCom Marketing, LLC proposes to 

conduct pursuant to this Petition. 

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

Professional UAS operating documents, and Video proposed operating limitations, 

ensure that CityCom Marketing, LLC will safely operate the battery powered DJI 

Phantom 3 Professional UAS during daylight hours in visual meteorological 

conditions (VMC), under visual flight rules (VFR), with enough battery power to fly 

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

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

4.5 minutes. 

5. Extent Of Relief CityCom Marketing, LLC Seeks And The Reason CityCom Marketing, LLC Seeks Seeks 

Relief From Section 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, CityCom Marketing, LLC

requests relief from these Sections because the DJI Phantom 3 Professional UAS do 

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

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

airworthiness certificate. Accordingly, CityCom Marketing, 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 CityCom Marketing, LLC Aerial Operations Manual, Monthly 

Maintenance Log, and , Phantom 3 Professional Instruction Manual). Furthermore, 

CityCom Marketing, LLC will document and maintain all maintenance records for the

Phantom 3 UAS. 

D. The Reasons Why Granting CityCom Marketing, 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 CityCom Marketing, LLC 

Seeks to safely, efficiently, and economically perform aerial video and photography of real estate, 

special events, film sets, and landscape over certain areas of the United 

States. 

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

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

CityCom Marketing, LLC’s proposed operation of the Phantom 3 UAS will be realized without 

implicating any privacy issues. 

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

The Phantom 3 Professional UA 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 , Phantom 3 Professional 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 Phantom 3 Professional UA 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 Phantom 3 UAS. 

Conducting aerial acquisitions with the Phantom 3 

Professional 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 Phantom 3 Professional 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 Phantom 3 Professional UA, 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

Phantom 3 Professional 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 Phantom 3 UAS (weighing approximately 2 pounds 11 ounces and 6 pounds 7.5 

ounces respectively, at their maximum gross weights with lengths of 16 inches and 

17.3 inches respectively, widths of 16 inches and 17.7 inches respectively, 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 Phantom 3 UAS 

Will Benefit The Economy. 

In addition to being safe and efficient, the Phantom 3 

Professional is also an economical alternative to using manned aircraft to conduct 

similar aerial operations. As such, operation of the Phantom 3 Professional UAS will 

allow United States based companies, like CityCom Marketing, 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 Professional 

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 Phantom 3 

Professional UAS, companies such as CityCom Marketing, 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

Phantom 3 Professional UAS, provides a stable workforce that increases consumer 

spending; improves local, state, and federal tax revenues; and allows companies to 

invest in research and development in order to remain competitive both in the United 

States and abroad.

4. There Are No Privacy Issues. 
Similar to the manned aerial acquisition flight operations that have been conducted 

for decades, CityCom Marketing, LLC proposed operation of the Phantom 3 UAS will 

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

operated only in compliance with operating documents (i.e., the CityCom Marketing, 

LLC Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 

Professional Instruction Manual) which requires property owner involvement as well 

as local law enforcement notification, and in accordance with the Federal Aviation 

Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119. 

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

How The Exemption Would Provide A Level Of Safety At Least Equal To That 

Provided By The Rule From Which CityCom Marketing, LLC Seeks Exemption.

1. Reasons Why The Phantom 3 Professional UAS 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, CityCom Marketing, LLC operation of the Phantom 3 

Professional UAS meet the conditions of FMRA Section 333, and will not require an airworthiness 

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

Section 333 provides authority for a UAS to operate without airworthiness certification 

and sets forth requirements for considering whether a UAS will create a hazard to users of 

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

Specifically, FMRA Section 333 states the following, in part: 

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

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

Transportation shall determine if certain unmanned aircraft systems may operate 

safely in the national airspace system before completion of the plan and rulemaking required by section 332 of this Act or the guidance required by section 

334 of this Act. 

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

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

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

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

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

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

threat to national security; and 

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

airworthiness certification under section 44704 of title 49, United States 
Code, is required for the operation of unmanned aircraft systems identified 

under paragraph (1). 

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

that certain unmanned aircraft systems may operate safely in the national airspace 

system, the Secretary shall establish requirements for the safe operation of such 

aircraft systems in the national airspace system. 

In seeking this exemption, CityCom Marketing, LLC submits that the Phantom 3 

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

demonstrated by: (a) the characteristics of the Phantom 3 Professional UAS; 

(b) the pilot certification requirement; and (c) the specific operating limitations. 

a. The Specifications Of The Phantom 3 Professional UAS Demonstrate Its Safe 

Characteristics.

The Phantom 3 Professional 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 Phantom 3 

Professional UAS. The technical specifications of the Phantom 3 Professional UAS is set forth by the

Phantom 3 Professional Specifications and Data Sheet, attached hereto as Exhibit A. 

ii. The Phantom 3 Professional UAS Autonomous 

Flight And Navigation Modes Enable The UAS To Remain Within A 

Defined Operational Area. The Phantom 3 Professional UAS may be operated 

in both manual and fully autonomous flight modes. A complete description 

of the flight and navigational modes of the Phantom 3 UAS is provided at 

pages 25-35 of the User Manual, attached hereto as 

Exhibit B & D (Phantom 3 User Manual will be available after May 15, 2015; 

however, is very similar to User Manual).
iii. The Phantom 3 Professional UAS Are Designed For Automatic Return 

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

Navigation. When the Control Link is lost, the UA will remains stationary, 

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

3 Professional UA does not reacquire control link data from the GCS, the 

UA will assume that the Control Link is lost and the UA will return to the 

home position (i.e., failsafe mode) via GPS, and will descend to the takeoff 

position and shutdown. A complete description of the Failsafe Functions of 

the Phantom 3 Professional UAS are set forth at 

pages 27 through 29 of the (Phantom 3) Professional User 

Manual, attached hereto as B & D. 

iv. The Phantom 3 Professional 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 32 through 

43 of the (Phantom 3) Professional User Manual. User Manual is 

attached hereto as Exhibit B & D. 

b. Flight Operations Of , Phantom 3 Professional UAS Are Limited To The Line Of 

Sight Of A Certificated Pilot in Command With A Safety Observer.

CityCom Marketing, LLC will only utilize certificated pilots who possess a current and 

valid airman medical certificate to act as a pilot in command (PIC) of the Phantom 3 

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

time. 

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

Operating Limitations.

In seeking this exemption, proposes to commercially operate Phantom 3 Professional 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: , Phantom 3 Professional 

Unmanned Aircraft System. Proposed operations of any other aircraft will require a new 

petition or a petition to amend this grant. 

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

purpose of aerial video and photography for homeowners, Realtors, home builders, 

contractors, home inspectors for use in real estate marketing and real estate 

inspections. Additionally, aerial video and photography may be conducted on 

occasional basis for film and television sets, special events and landscape photography, 

conducting power line inspection, aerial mapping, surveying as deemed necessary. 

3. The UAS may not be flown at an indicated airspeed exceeding 29 knots (15 m/s). 

4. The UAS must be operated at an altitude of no more than 200 (500 per the User 

Manual) 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 Suplemental Pilot certificate and at least a current thirdclass medical certificate. Supplemental pilots must have, at a minimum, successfully 

completed private pilot ground school. Additionally, supplemental pilots without a 

current FAA private pilot certificate must have successfully passed the private pilot, 

commercial pilot, or airline transport pilot knowledge test within the past 24 calendar 

months. 

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 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC. 

22. If the UA loses communications or loses its GPS signal, it must return to a 

predetermined location within the planned operating area and land or be recovered 

in accordance with the operating documents. 

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

in accordance with the operating documents. 

24. The PIC is prohibited from beginning a flight unless (considering wind and forecast 

weather conditions) there is enough power to fly at normal cruising speed to the 

intended landing point and land the UA with 25% battery power remaining. 
25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of 

Waiver or Authorization (COA) prior to conducting any operations under the grant 

of exemption. This COA will also require the operator to request a Notice to Airman 

(NOTAM) not more than 72 hours in advance, but not less than 48 

hours prior to the operation. All operations shall be conducted in accordance with 

airspace requirements in the ATO issued COA including class of airspace, altitude 

level and potential transponder requirements. 

26. All aircraft operated in accordance with the exemption must be identified by serial 

number, registered in accordance with 14 C.F.R. part 47, and have identification (NNumber) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must 

be as large as practicable. 

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 UAS 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.

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

Would Not Adversely Affect Safety.

CityCom Marketing, 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 Professional 

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

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

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

from people, vessels, vehicles and structures. 

Considering CityCom Marketing, LLC 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 Phantom 3 Professional UAS, CityCom Marketing, LLC submits that the additional 

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

airmanship skills necessary for CityCom Marketing, LLC specific proposed flight operations. 
The FAA has previously granted relief from Section 61.113(a) and (b) specific to 

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

11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 

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

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, CityCom Marketing, LLC will ensure that the Phantom 3 Professional 

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 Phantom 3 Professional UA 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 CityCom Marketing, LLC’s operation of the Phantom 3 

Professional UAS within visual line of sight, at or below 500 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 Professional UAS; (2) the limitations on the proposed flight operations; and (3) the 

location of the proposed flight operations. Accordingly, CityCom Marketing, LLC Video will ensure 

that it will safely operate the battery powered , Phantom 3 Professional UA during daylight hours in 

VFR conditions, with enough battery power to fly for a total duration of 13.5 minutes to the first 

point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 

minutes. 

Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom 3 Professional 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 Phantom 3 Professional UAS provide audible and visual warnings to the PIC at 

the GCS when the UAS experiences low battery voltage, the first warning occurring at approximately 

33% remaining battery power, and again at approximately 10% remaining battery power. At the 

critically low battery level, the 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, CityCom Marketing, 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 CityCom 

Marketing, 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 CityCom Marketing, LLC Aerial Operations 

Manual, Monthly Maintenance Log, and , Phantom 3 Professional Instruction Manual). 

Furthermore, CityCom Marketing, LLC will document and maintain all maintenance records 

for the Phantom 3 Professional UAS. 

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

CityCom Marketing, 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 UAS 

Maintenance LOG is attached hereto as Exhibit C. 

Likewise, the exemption sought will not adversely affect safety because CityCom Marketing, 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 Phantom 3 Professional 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 CityCom Marketing, LLC proposed operating limitations, the operating 

documents, and the technical aspects of the DJI Phantom 3 Professional UAS, CityCom 

Marketing, 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, CityCom Marketing, LLC requests that the FAA 

prescribe special conditions for the intended operation of the Phantom 3 Professional 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 Phantom 3 Professional 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 CityCom Marketing, LLC’s intended operation of the 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). 

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

From Which CityCom Marketing, LLC Seeks Exemption:

CityCom Marketing, 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 CityCom Marketing, LLC Seeks: 

This exemption will permit CityCom Marketing, 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. 

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

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, CityCom Marketing, LLC request for exemption may be granted pursuant to 

the authority of FMRA Section 333 and 14 C.F.R. Part 11, as set forth above. FMRA Section 333 sets 
forth the requirements for considering whether a UAS will create a hazard to users of the NAS or 

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

such UAS to operate without airworthiness certification. As discussed in detail above, CityCom 

Marketing, LLC will operate the Phantom 3 Professional 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, CityCom Marketing, 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 Phantom 3 Professional 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 CityCom Marketing, LLC to safely, efficiently, and economically operate the

Phantom 3 Professional UAS commercially within the NAS.

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

Reform Act of 2012, Section 333, CityCom Marketing, 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 CityCom Marketing, LLC to operate the DJI Phantom 3 Professional UAS commercially for the 

purpose of conducting aerial video and photography of Real Estate Properties (for homeowners, 

realtors, home builders, home contractors and / or home inspectors for real estate marketing and 

inspection of home exteriors) as well as filming of special events, film sets, scripted and unscripted 

television sets and landscape as well as conducting power line inspection, aerial mapping, surveying 

and search and rescue over certain areas of the United States. 
APPENDIX

MONTHLY MAINTENANCE LOG month: year: 

UAS 

# 

Date Issue 

Discovered 

Date Issue 

Addressed 

Issue Description & Maintenance 

Conducted 

Maintenance 

Performed By: 

Print & Sign 

Software Updates 

Airframe 

Engines 

Propellers 

Camera Gimbal 

Landing Gear 

Vibration 

Dampening 

Other: