John Parisoff

New View LLc

PO Box 285

Helotes TX 78023 

(210) 396-6224

jpdirtwork@live.com

I formally petition the Federal Aviation Administration (FAA) for an exemption from 

part 21, subpart H; and Sections 45.23(b), 61.113(a) and (b), 91.7(a), 91.119 (c) 91.121, 

91.151(a), 91.203(a) and (b), 91.405(a), 91.407(a)(1), 91.409(a)(2), and 91.417(a) and (b) 

of Title 14, Code of Federal Regulations (14 CFR). 

Outlined below are the descriptions of the parts, subparts and sections in which I request 

exemptions and my reason for requesting the exemptions. 

Part 21 prescribes the procedural requirements for issuing and changing design approvals, 

productions approvals, airworthiness certificates, and airworthiness approvals. 

Section 45.23(b) prescribes that when marks include only the Roman capital letter “N” 

and the registration number is displayed on limited, restricted or light-sport category

aircraft or experimental or provisionally certificated aircraft, the operator must also 

display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters 

not less than 2 inches nor more than 6 inches high, the words “limited,” “restricted,” 

“light-sport,” “experimental,” or “provisional,” as applicable. 

Section 61.113(a) and (b) prescribes that— (a) no person who holds a private pilot 

certificate may act as a pilot in command of an aircraft that is carrying passengers or 

property for compensation or hire; nor may that person, for compensation or hire, act as 

pilot in command of an aircraft. (b) a private pilot may, for compensation or hire, act as 

pilot in command 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. 

Section 91.7(a) prescribes that no person may operate a civil aircraft unless it is in an 

airworthy condition. 

Section 91.119 prescribes that, except when necessary for takeoff or landing, no person 

may operate an aircraft below the following altitudes: 

(c) Over other than congested areas. An altitude of 400 feet above the surface, except 

over open water or sparsely populated areas. In those cases, the aircraft may not be 

operated closer than 400 feet to any person, vessel, vehicle, or structure. 
(1) A helicopter may be operated at less than the minimums prescribed in paragraph (b) 

or (c) of this section, provided each person operating the helicopter complies with any

routes or altitudes specifically prescribed for helicopters by the FAA; and 

(2) A powered parachute or weight-shift-control aircraft may be operated at less than the 

minimums prescribed in paragraph (c) of this section. Section 91.121 requires, in 

pertinent part, each person operating an aircraft to maintain cruising altitude by reference 

to an altimeter that is set “...to the elevation of the departure airport or an appropriate 

altimeter setting available before departure.” 

Section 91.151(a) prescribes that no person may begin a flight in an airplane 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, (1) 

during the day, to fly after that for at least 30 minutes [emphasis added]. 

Section 91.203(a) prohibits, in pertinent part, any person from operating a civil aircraft 

unless it has within it (1) an appropriate and current airworthiness certificate; and (2) an 

effective U.S. registration certificate issued to its owner or, for operation within the 

United States, the second copy of the Aircraft registration Application as provided for in 

§ 47.31(c). Section 91.203(b) prescribes, in pertinent part, that no person may operate a 

civil aircraft unless the airworthiness certificate or a special flight authorization issued 

under § 91.715 is displayed at the cabin or cockpit entrance so that it is legible to 

passengers or crew. 

Section 91.405(a) requires, in pertinent part, that an aircraft operator or owner shall have 

that aircraft inspected as prescribed in subpart E of the same part and shall, between 

required inspections, except as provided in paragraph (c) of the same section, have 

discrepancies repaired as prescribed in part 43 of the chapter. 

Section 91.407(a)(1) prohibits, in pertinent part, any person from operating an aircraft 

that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless 

it has been approved for return to service by a person authorized under § 43.7 of the same 

chapter. 

Section 91.409(a) (2) prescribes, in pertinent part, that no person may operate an aircraft 

unless, within the preceding 12 calendar months, it has had an inspection for the issuance 

of an airworthiness certificate in accordance with part 21 of this chapter. 

Section 91.417(a) and (b) prescribes, in pertinent part, that— (a) 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. 

New View LLC’s exemption requests from the above are detailed below: 

Unmanned Aircraft System: 

New View LLC plans to operate a DJI, the Phantom 3 Professional, which is comprised 

of an unmanned aircraft (UA or PHANTOM). The Phantom 3 Professional is a quadcopter with a gross weight of about 3 pounds. It is equipped with four rotors that are 

driven by electric motors which is powered by batteries. The UA has a maximum 

airspeed of 30 mph. 
New View LLC plans to use this DJI in aerial cinematography and photography on rural 

ranch sites, rural RV resorts, enhancing real-estate listings and other such tasks for 

businesses in the greater San Antonio Texas area which could benefit from an aerial view 

for their planning of future expansions and/or advertising of their products or business. 

For most businesses and realtors in the area, standard aerial photography has been very

cost prohibitive. The economic impact of being able to assist your business using aerial 

photography would be substantial. 

The use of this DJI in the above named applications greatly reduces risk to the public and 

property as there is no fuel carried by the Phantom 3 Professional, aircraft noise is greatly

reduced as opposed to a standard aircraft or rotorcraft both of which require numerous 

passes or extended lengths of hover time to accomplish the same task as the Phantom can 

in only a few minutes. The Phantom only weighs about 3 pounds and is by far a much 

smaller hazard to persons or property than a standard aircraft or helicopter in the event of 

a catastrophic in-flight failure. 

There is no higher priority for New View LLC other than the safety of the public and 

property. 

New View LLC makes the following representations of its operation in which to abide by

to ensure these exemptions if granted, will provide a level of safety at least equal to 

existing rules: The Phantom 3 Professional will only be operated by, at a minimum, a 

private pilot with at least a 3rd class airman medical certificate. The PIC will have 

completed at a minimum, 25 hours of documented flight time using the Phantom 3 

Professional with focus being: 

a) Collision avoidance 

b) Loss of C2 link procedures as outlined in the Operators manual for the Phantom 3 

Professional

c) Identification of inflight hazards i.e. aerial wires, birds in the area, changing weather 

etc. 

d) Estimating distance from objects, persons, vehicles and vessels. 

e) Communication with the spotter(s) 

f) Completed the DJI Phantom 3 Professional pilot training guide maneuvers and skills. 

(PDF) attached. 

g) The ability to recognize persons or objects that are not part of the intended and 

permitted part of the project that enter the 500 foot operational area unless such persons 

or objects are deemed permitted by the owner or controller of the property or area and the 

PIC makes a safety assessment of the risk of operating closer and it does not pose undue 

or significant risk. 

h) The ability to quickly and safely land the DJI Phantom 3 Professional in the event of 

intrusion into the safe zone. 

1.) A complete pre-flight systematic check by the PIC of the Phantom’s physical 

condition, i.e. props, prop guards, landing gear, position indicator lights, battery capacity 

and overall airframe condition. If any of the above are not within the manufacturers 
minimum standards no flight will take place until such time as the issue(s) is repaired to 

manufacturers standards. *Although prop guards are not required on the DJI Phantom 3 

Professional, New View LLC will not operate without them. 

2.) Written documentation of each physical inspection and repairs if any, by the PIC 

(pilot in command) will be kept with the Phantom and will be on-site and available for 

review. 

3.) Software in relation to the Phantom’s operation will be checked for proper function. 

The most current DJI vision APP and the current firmware will be installed to assure the 

most up to date safety features. 

4.) Prior to every flight, the compass on the DJI Phantom 3 Professiona; will be 

calibrated as to ensure precision location. 

5.) New View LLC will ensure the altimeter setting on the DJI Phantom 3 Professional is 

that of AGL (above ground level) rather than GPS or barometric pressure derived 

settings. 

6.) Every safety feature offered through the DJI vision APP will be enabled for every

flight, every time. Please refer to the attached DJI Phantom 3 Professional V.1.6 PDF file 

starting at page 39 for a description of the following safety features: 

(6) Enable ground station 

(7) Compass calibration 

(8) Low battery auto go home 

(9) Dynamic home point 

(10) Current RTH (return to home) altitude (AGL)

(14) Low battery alarm 

7.) Use of the DJI Ground Station GUI (graphical user interface) 

Refer to attached DJI Phantom 3 Professional V.1.6 PDF for detailed descriptions starting 

at page 34. 

Of particular interest are the following: 

[3] Flight attitude and radar function 

[4] Flight parameters-RTH (return to home) altitude, horizontal distance from home 

point, altitude-vertical distance from home point, speed-horizontal flying speed. 

[6] Flight Battery Level indication 

[7} There is a built in preflight checklist within the DJI vision APP which is completed 

prior to each flight. [8] Aircraft GPS Status-New View LLC’s Phantom 2 vision + v3 will 

not fly with less than (7) GPS Satellites available. 

[14] Hide or show flight parameters- New View LLC’s Phantom 3 Professional will 

ALWAYS fly with parameters displayed in order to assist in maintaining safe distances 

from persons and objects and to adhere to the flight plan. 

8.) New View LLC will operate with a minimum of (1) one, trained spotter for every

flight. “Trained” meaning familiarization with the DJI Phantom 3 Professional, its 

abilities according to the operators’ manual as well as the abilities of PIC. Spotters will 

participate in documented training developed in-house prior to being allowed on the 

flight line. Training will consist of, at a minimum the following: 

a) The ability to roughly identify minimum distance from objects 
b) The ability to quickly recognize unusual flight maneuvers/attitudes of the Phantom 2 

vision + v3 

c) The ability to communicate with the PIC the visual limitations and to never let the 

Phantom 2 vision + v3 out of the visual capabilities of the PIC and the spotter(s). 

d) The ability to recognize persons or objects that are not part of the intended and 

permitted part of the project that enter the 500 foot operational area unless such persons 

and objects are deemed permitted by the owner or controller of the property or area and 

the PIC makes a safety assessment of the risk of operating at a closer range and it does 

not pose undue or significant risk to those persons or objects. “ 

e) The ability to accurately describe to the PIC, the orientation of the Phantom in relation 

to the pre-set home point as well as the direction of travel. 

f) The training will take place under strict, safe conditions away from persons or large 

obstacles. I.e. large open fields. 

9.) Prior to each flight, the PIC and the Spotter(s) will perform a pre-flight briefing 

detailing the estimated flight distance, estimated flight level AGL and the goal of the 

particular flight. Each preflight briefing will be documented by the PIC to include flight 

details, pilot name, spotter(s) name, weather details, time and date. 

Written and/or verbal consent will be obtained from the person/business requesting the 

flight. 

A post-flight briefing will also be conducted and documented with the PIC and the 

The Documented Pre-flight, the raw pictures and/or the raw video footage as well as the 

post-flight brief and written consent will be kept by New View LLC for a period of at 

least (2) years. 

New View LLC believes that given the size, weight, speed, and limited operating area 

associated with the Phantom 3 Professional, requests an exemption from 14 CFR part 21, 

Subpart H (Airworthiness Certificates) and § 91.203 (a) and (b) (Certifications required), 

subject to certain conditions and limitations, is warranted and meets the requirements for 

an equivalent level of safety under 14 CFR part 11 and Section 333 of P.L. 112-95 

(Section 333). 

New View LLC requests exemption from § 45.23 Marking of the aircraft. The Phantom 3 

Professional does not have a cabin, does not have a cockpit or a pilot station. Minimum 

sized lettering and wording are difficult to place on the Phantom 3 Professional. New 

View LLC will however affix a sticker on the unit which will contain contact information 

for the company in case of aircraft loss. 

New View LLC requests an exemption from §§ 91.405(a), 91.407(a) (1), 91.409(a) (2) 

and 91.417(a) and (b) Maintenance inspections and feel it should be granted since they

only apply to aircraft with an airworthiness certificate. New View LLC has developed 

maintenance inspections and documentation methods for the Phantom 3 Professional
from personal experience as well as the manufacturer’s user manual. (See attached pdf 

Phantom 3 Professional manual v1.6.) 

DJI Pilot in Command (PIC) 

Under § 61.113 (a) and (b) private pilots are limited to non-commercial operations. 

New View LLC will only use, at a minimum a pilot with a private pilot license, current 

3rd class airmen medical certificate. 

Under current regulations, civil operations for compensation or hire require a PIC holding 

a commercial pilot certificate per 14 CFR part 61. Based on the private pilot limitations 

in accordance with pertinent parts of 14 CFR 61.113(a) and (b), a pilot holding a private 

pilot certificate cannot act as a PIC of an aircraft for compensation or hire unless the 

flight is only incidental to a business or employment. “However, in Grant of Exemption 

No. 11062 to Astraeus Aerial (Astraeus), the FAA determined that a PIC with a private 

pilot certificate operating the Astraeus DJI would not adversely affect operations in the 

NAS or present a hazard to persons or property on the ground.” New View LLC requests 

that an exemption allowing a private pilot employed by New View LLC be allowed to be 

the PIC of the Phantom 3 Professional for compensation similar to the grant of exemption 

No.11602 to Astraeus Aerial. 

New View LLC requests relief from § 91.119(c) because the aircraft will be operated at 

altitudes below 300 feet AGL. Section 91.119(c) states that no person may operate an 

aircraft below the following altitudes: over other than congested areas, an altitude of 500 

feet above the surface, except over open water or sparsely populated areas. In those cases, 

the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or 

structure. New View LLC will operate pursuant to the following restrictions related to § 

91.119: 

-Operate in reasonably safe environments that are closely monitored by ground assistants 

and signage placed in locations that would be considered reasonable locations for 

pedestrians, vehicles or vessels to enter the area. 

-Within 5 miles of airports and congested areas. Congested areas will be defined by VFR 

charts as well as by contacting the local FSDO (flight standards district office) 

- Conduct all operations under New View LLC’s guidelines contained in the operating 

documents and will analyze flight data and other sources of information such as the 

manufacturer’s website to constantly update and enhance safety. 

-Contact respective airports if operations will be within 5 miles to advise them of 

estimated flight time, flight duration, elevation of flight and other pertinent information 

deemed important by the airport. 

- Always obtain all necessary permissions prior to operation. Permissions include but are 

not limited to a (COA) and a request for a (NOTAM) as well as permission from the 

property owner or person in control of the property and when practical will be in writing 

and kept on file for 2 years for review. If it’s not possible to obtain written permission, 

the PIC will document in writing how permission was obtained i.e. phone call with date, 

time and party information.

New View LLC requests relief from 14 CFR 91.121 Altimeter Settings. New View 

LLC’s Phantom 3 Professional has a barometric altimeter and GPS derived altitude 
capabilities. The FAA requires any altitude reported to ATC to be in feet AGL. New 

View LLC will set the altimeter on the Phantom 3 Professional to zero feet AGL rather 

than local barometric pressure or field altitude before flight. 

New View LLC requests relief from § 91.151(a) Fuel requirements for flight in VFR 

conditions based on the following: 

No fuel is used in the Phantom 3 Professional but it is battery operated. Batteries have, in 

our experience have about 15 minutes of quality flying time. In the interest of safety, 

New View LLC generally lands with 35% of battery remaining which gives about 9 

minutes of flying time per battery. The Phantom 3 Professional has an audible battery

state warning system. New View LLC will always follow the manufactures minimum 

battery warning which is 30% remaining. There is also an onscreen warning of not 

enough battery to return to home message if flight distance has exceeded battery capacity. 

In this event, an emergency landing would be made as soon as safe and practical. The 

Phantom 3 Professiona; also has an automated function which results in immediate 

landing when a low battery is detected. Researching previous relief requests, relief has 

been granted for manned aircraft to operate at less than prescribed minimums, including 

Exemption Nos. 2689, 5745, and 10650. In addition, similar DJI-specific relief has been 

granted in exemption Nos. 8811, 10808, and 10673 for daytime, VFR conditions. New 

View LLC will adhere to all VFR minimums as well as VMC conditions when planning 

and/or executing any flights. There is little purpose for aerial video or pictures if the 

weather is less than desirable. Following VFR minimum standards will at least ensure a 

safe flight. Wind and forecast weather will be a key in deciding suitable conditions. Local 

weather can be attained from the nearest airport by using AWOS. No flight will take 

place in any condition that would potentially be outside of the Phantom 3 Professional 

capabilities in wind. New View LLC will always fly within its 30% minimum remaining 

battery life at its first intended landing point. 

New View LLC will obtain an Air Traffic Organization (ATO) issued Certificate of 

Waiver or Authorization (COA) prior to conducting any operations. New View LLC will 

also request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not 

less than 48 hours prior to the operation. 

If there are any areas that have not been addressed, please contact me for supplemental 

information. 

Sincerely, 

John Parisoff

New View LLC

PO Box 285

Helotes, TX 78023

(210) 396-6224

jpdirtwork@live.com