UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

JASON L. RESTICH

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 2 VISION+ UNMANNED AIRCRAFT SYSTEMS

DJI PHANTOM 3 PROFESSIONAL UNMANNED AIRCRAFT SYSTEM

DJI INSPIRE 1 UNMANNED AIRCRAFT SYSTEM

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012

(PUBLIC LAW 112-95)

Submitted on December 29, 2015 

Jason L. Restich

104 Summerfield Estates Drive

Oakdale, PA 15071

Telephone: (412) 498-0868

Email: RestichJ@yahoo.com
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TABLE OF CONTENTS

 Page

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

SUMMARY..................................................................................................................4

INTRODUCTION AND INTERESTS OF PETITIONER..........................................4

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

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

NAME AND ADDRESS OF PETITIONER...............................................................6

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

JASON L. RESTICH SEEKS EXEMPTION...............................................6

THE EXTENT OF RELIEF JASON L. RESTICH SEEKS AND THE REASON 

JASON L. RESTICH SEEKS THE RELIEF................................................9

THE REASONS WHY GRANTING JASON L. RESTICH’s REQUEST 

WOULD BE IN THE PUBLIC INTEREST ...........................................................11

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT 

ADVERSELY AFFECT SAFETY..........................................................13

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER........22

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS 

AVAILABLE TO SUPPORT JASON L. RESTICH’s REQUEST.....................22

CONCLUSION..........................................................................................................23

APPENDICES.................................................................................24, 25, 26
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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

 NOTAP Notice to Airman

 PIC Pilot In Command 

 Section 333 FAA Modernization and Reform Act of 2012 (FMRA) Section333

 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 
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SUMMARY

 Jason L.Restich 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 Jason L. Restich to operate an Unmanned 

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

construction sites, residential and commercial real estate, special events, sporting events, inspection 

purposes, news reports, motion picture and television, search and rescue while aiding law enforcement and 

government entities over certain areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

 The objective of Jason L. Restich’s aerial video and photography operations is to 

provide high quality imaging for a variety of commercial, public, and residential uses, specifically 

targeting: 

• Sourcing GIS tagged aerial images for use in Computer Assisted Mass Appraisal (CAMA) 

systems.

 Special events, Sporting Events, Weddings video and photography

• Aerial acquisitions used for inspections of public and private structures. 

• Increase public knowledge of UAS and promote safe UAS operations. 

• Search and Rescue operations with law enforcement 

• News Reports, Motion picture and television. 
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BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 2 Vision+ UAS,

DJI Phantom 3 Professional and DJI Inspire 1

 Jason L. Restich seeks an exemption to operate DJI Phantom 2 Vision+, DJI Phantom 3 Professional 

and DJI Inspire 1 systems for compensation or hire within the NAS. The DJI Phantom 2 Vision+ , DJI 

Phantom 3 Professional and DJI Inspire 1 systems are a vertical takeoff and landing (VTOL) Unmanned 

Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. The 

DJI Phantom 2 Vision+ systems has a maximum gross weight of approximately 2 pounds 11 ounces, while 

having a length of 16 inches, width of 16 inches, height of 8 inches, and a maximum speed of 

approximately 29 knots. The DJI Phantom 3 Professional has a maximum gross weight of approximately 2 

pounds 11 ounces, while having a length of 16 inches, width of 16 inches, height of 8 inches, and a 

maximum speed of approximately 29 knots. The DJI Inspire 1has 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 2 Vision+ UA, DJI Phantom 3 Professional and DJI Inspire 1 

are equipped with four main rotors; driven by Lithium Polymer battery powered electric motors. 

 The above described UAS will be operated by Jason L. Restich and 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. 

BASIS FOR PETITION 

 Petitioner, Jason L. Restich, 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 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 UASs in the National Airspace 

System (NAS), and for an exemption from the requirements of 14 C.F.R 5 §§ 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, Jason L. Restich’s operation of DJI Phantom 2 Vision+ , DJI Phantom 3 

Professional and DJI Inspire 1 UASs meet the conditions of FMRA Section 333 and therefore, will not 

require airworthiness certificates in accordance with 14 C.F.R. Part 21, Subpart H. 

 Accordingly, Jason L. Restich 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.

 Jason L. Restich submits that the requested relief is proper since an equivalent level of safety will be 

ensured. Jason L. Restich will perform maintenance, alterations, or preventive maintenance on the UASs

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

Maintenance Log, and DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 Instruction 
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Manuals). Furthermore, Jason L. Restich will document and maintain all maintenance records for the 

UASs. 

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

limitations: Pilot in command, is requested by Jason L. Restich to the extent necessary to allow a Pilot in 

Command (PIC) holding a Sport Pilot or higher level certificate, as well as an airman medical certificate or 

State issued Drivers License, and who has demonstrated, by meeting minimum flight- hour and currency 

requirements, that the PIC is able to safely operate the DJI Phantom 2 Vision+, DJI Phantom 3 

Professional and DJI Inspire 1 UASs in a manner consistent with this exemption, including evasive and 

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

 Jason L. Restich seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, because the 

DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 UASs do not require an 

airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, Jason L. Restich

submits that he will ensure that the UASs are in airworthy condition, prior to every flight, by determining 

that the UASs are in compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI 

Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 Instruction Manuals), and that the 

aircraft are in a condition for safe flight. 

 Jason L. Restich also seeks an exemption from the requirements of Section 91.121, entitled Altimeter 

Settings, as the DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 UASs will not have 

a typical barometric altimeter onboard. However, altitude information of the DJI UASs 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 Jason L. Restich’s operation of the UASs within visual line of sight, at or 

below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121. 

 Additionally, Jason L. Restich seeks an exemption from the requirements of Section 91.151(b), 

entitled Fuel requirements for flight in VFR conditions. Jason L. Restich submits that safety will not be 

affected by operation of the DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 UASs

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 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, Jason L. Restich 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: 

Jason L. Restich

104 Summerfield Estates Drive

Oakdale, PA 15071

Telephone: (412) 498-7772

Email: RestichJ@yahoo.com

B. The Specific Sections Of 14 C.F.R. From Which Jason L. Restich Seeks Exemption.
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1. Jason L. Restich 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. Jason L. Restich 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. Jason L. Restich 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. Jason L. Restich 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. Jason L. Restich 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—
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(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. Jason L. Restich 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. Jason L. Restich 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. Jason L. Restich 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: 
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(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 Jason L. Restich Seeks And The Reason Jason L. Restich Seeks The 

Relief. 

1. Extent Of Relief Jason L. Restich Seeks And The Reason Jason L. Restich 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 sport pilot or 

higher level certificate, as well as a current and valid airman medical certificate, or 11 State 

issued Drivers License 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, Jason L. Restich submits that an equivalent level of 

safety will be maintained because no PIC will be allowed to operate the DJI Phantom 2 

Vision+ , DJI Phantom 3 Professional and DJI Inspire 1 UASs unless that PIC has met 
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certain flight-hour and currency requirements, demonstrating that the PIC is able to safely 

operate the DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 UASs 

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, Jason L. Restich submits that all flights of the UASs, conducted by the PIC 

pursuant to the grant of this Petition: (1) will be incidental to Jason L. Restich’s business; 

and (2) will not carry passengers or property for compensation or hire. 

2. Extent Of Relief Jason L. Restich Seeks And The Reason Jason L. Restich 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 Jason L. Restich to determine that the DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI 

Inspire 1 UASs are in airworthy condition prior to every flight by ensuring that the UASs are in compliance 

with the operating documents (i.e.,Monthly Maintenance Logs, and DJI Phantom 2 Vision+, DJI Phantom 

3 Professional and DJI Inspire 1 Instruction Manuals). 

 Jason L. Restich seeks the requested relief because the UASs do not require an airworthiness certificate 

in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Jason L. Restich will ensure that the UASs 

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

Maintenance Logs, and Instruction Manuals) 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 Jason L. Restich Seeks And The Reason Jason L. Restich 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 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 UASs, 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), Jason L. Restich seeks the requested relief because the DJI Phantom 2 Vision+, 

DJI Phantom 3 Professional and DJI Inspire 1 UASs altimeters 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 UASs arer 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 UAS 

on the heads-up display of the GCS. 

4. Extent Of Relief Jason L. Restich Seeks And The Reason Jason L. Restich Seeks Relief From 

Section 91.151(b).
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 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 2 Vision+, DJI Phantom 3 

Professional and DJI Inspire 1 UASs during daylight hours in visual meteorological conditions (VMC), 

under visual flight rules (VFR), for a total duration of 13 minutes to the first point of intended landing and, 

assuming normal cruising speed, to fly after that for at least 4.5 minutes. Jason L. Restich seeks the 

requested relief because without an exemption from Section 91.151(b), the flight time duration of the 

battery powered UASs will severely constrain the practicality of any aerial video or still photo flight 

operations that Jason L. Restich proposes to conduct pursuant to this Petition. 

 Significantly, as set forth below, the technical specifications of the DJI Phantom 2 Vision+, DJI 

Phantom 3 Professional and DJI Inspire 1 UASs , the DJI operating documents, and Jason L. Restich

proposed operating limitations, ensure that Jason L. Restich will safely operate the battery powered UASs

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 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 Jason L. Restich Seeks And The Reason Jason L. Restich 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, Jason L. Restich requests relief from these 

Sections because the DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 

UASs do not require airworthiness certificates. As set forth more fully below, the UASs

meet the conditions of FMRA Section 333 for operation without an airworthiness certificate. 

Accordingly, Jason L. Restich will perform maintenance, alterations, or preventive 

maintenance on the UASs using the methods, techniques, and practices prescribed in the 

UAS operating documents (i.e.,Monthly Maintenance Log, and DJI Instruction Manuals). 

Furthermore, Jason L. Restich will document and maintain all maintenance records for 

UASs. 

D. The Reasons Why Granting Jason L. Restich’s 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 Jason L. Restich to safely, 

efficiently, and economically perform aerial video and photography of real estate and construction 

sites, special and sporting events, motion picture and television, search and rescue while aiding law 

enforcement and government entities over certain areas of the United States. 

Additionally, use of the DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 

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

economy. Notably, the benefits of Jason L. Restich’s proposed operation of the UASs will be 

realized without implicating any privacy issues. 

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

 The DJI Phantom 2 Vision+ , DJI Phantom 3 Professional and DJI Inspire 1 UASs 

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 
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of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use 

of the UASs 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 UASs do not require an airport to 

takeoff or land. Likewise, a reduction of manned aircraft conducting aerial video and photography missions 

would result in fewer aircraft that must be handled by air traffic control during the ground, takeoff, 

departure, arrival, and landing phases of flight operations. 

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

Vision+, DJI Phantom 3 Professional and DJI Inspire1 UASs. 

 Conducting aerial acquisitions with the UASs, instead of manned aircraft, will 

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

generated during traditional aerial video and still photography flight operations. By 

using battery power and electric motors, the UASs produce no air pollution, and are the 

most viable environmentally conscious alternative to the cabin class, six cyllinder 

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 UASs, while reducing the carbon footprint of aerial acquisitions, also 

eliminates noise pollution, as the DJI Phantom 2 Vision+, DJI Phantom 3 Professional 

and DJI Inspire 1 UASs are propelled by battery powered electric motors, rather than an 

internal combustion engine. 

 By using the UASs 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 UASs have

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 2 

Vision+, DJI Phantom 3 Professional and DJI Inspire 1 UASs Will Benefit The 

Economy. 

 In addition to being safe and efficient, the DJI Phantom 2 Vision+ UAS is also an 

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

17 such, operation of the DJI Phantom 2 Vision+ UAS will allow United States based 

companies, like Jason L. Restich, 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 UASs are one such technology 

that not only allows companies greater operational flexibility compared to manned 
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aircraft, but provides such flexibility without the high operational cost of a traditional 

manned aircraft. 

4. There Are No Privacy Issues. 

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

decades, Jason L. Restich’s proposed operation of the DJI Phantom 2 Vision+, DJI 

Phantom 3 Professional and DJI Inspire 1 UASs will not implicate any privacy issues. 

Specifically, the UAS will be operated only in compliance with operating documents (i.e., 

Monthly Maintenance 18 Log, and DJI Instruction Manuals) 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 Jason L. Restich Seeks Exemption. 

1. Reasons Why The DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 

1 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, Jason L. Restich’s operation of the DJI UASs 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) (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. 
14 | P a g e

In seeking this exemption, Jason L. Restich submits that the UASs can operate safely in the 

NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the DJI 

Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 UASs; (b) the pilot certification 

requirement; and (c) the specific operating limitations. 

a. The Specifications Of The DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI 

Inspire 1 UASs Demonstrate Its Safe Characteristics. 

The UASs do not create a hazard to users of the NAS or the public, or otherwise pose a threat 

to national security considering its size, weight, speed, and operational capability.

i. Technical Specifications Of The UASs. 

The technical specifications of the DJI Phantom 2 Vision+, DJI Phantom 3 Professional and 

DJI Inspire 1 UASs are set forth by the UAS Specifications and Data Sheets, attached hereto as 

Appendices A, B, and C. 

ii. The UASs Autonomous Flight And Navigation Modes Enable The UAS To Remain 

Within A Defined Operational Area. 

The DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 UASs may be 

operated in both manual and fully autonomous flight modes. 

iii. The UASs are Designed For Automatic Return To Home Point Or Hover In The Event 

Of Loss Of The Control Link Or Navigation. 

When the Control Link is lost, the DJI Phantom 2 Vision+ , DJI Phantom 3 Professional and 

DJI Inspire 1 UASs will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the 

UAS do not reacquire control link data from the GCS, the UAS will assume that the Control Link is 

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

the takeoff position and shutdown. 

b. Flight Operations Of DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI 

Inspire 1 UASs is Limited To The Line Of Sight Of A Certificated Pilot in Command 

With A Safety Observer. 

 Jason L. Restich will only utilize certificated pilots who possess a current and valid airman 

medical certificate or State issued Driver License with at least a Sport Pilot License, to act as a 

pilot in command (PIC) of the UAS. Additionally, a safety observer will assist the pilot during 

flight time. 

c. Flights Of DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 UAS Will 

Be Conducted Pursuant To Specific Operating Limitations. 

 In seeking this exemption, Jason L. Restich proposes to commercially operate the UASs for 

the special purpose of conducting aerial video and photography, motion picture and television 

over certain areas of United States, pursuant to the following specific operating limitations: 
15 | P a g e

1. Operations authorized by this grant of exemption will be limited to the following aircraft 

described in the operating documents, rotorcraft UAS weighing less than 55 pounds maximum 

gross weight: DJI Phantom 2 Vision+ 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, motion picture and television, search and rescue. 

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

4. The UAS must be operated at an altitude of no more than 500 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. 22 

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 
16 | P a g e

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. The 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 Sport pilot certificate and at least a current third- class 

medical certificate or State issued Drivers License. 

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 
17 | P a g e

management is obtained, and the operation is conducted in accordance with a NOTAM as 

required by the operator’s COA. The letter of agreement with the airport management must be 

made available to the Administrator upon request. 

21. The UA may not be operated less than 500 feet below or less than 2,000 feet 

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

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

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

accordance with the operating documents. 

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

accordance with the operating documents. 

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

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

landing point and land the UA with 25% battery power remaining. 

25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of 

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

exemption. This COA will also require the operator to request a Notice to Airman (NOTAM) 

not more than 72 hours in advance, but not less than 48 hours prior to the operation. All 

operations shall be conducted in accordance with airspace requirements in the ATO issued 

COA including class of airspace, altitude level and potential transponder requirements. 

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

number, registered in accordance with 14 C.F.R. part 47, and have identification (N-numbers) 

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 25 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 
18 | P a g e

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. 

 Jason L. Restich 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 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 2 Vision+ , DJI Phantom 

3 Professional and DJI Inspire 1 UASs in a manner consistent with the exemption, including 

evasive and emergency maneuvers and maintaining appropriate distances from people, 

vessels, vehicles and structures. 

 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). 

 Jason L. Restich will not allow any PIC to operate the DJI Phantom 2 Vision+, DJI 

Phantom 3 Professional and DJI Inspire 1 UASs unless that PIC has demonstrated, by meeting 

minimum flight-hour requirements or the UAS training and currency requirements, that the 

PIC is able to safely operate the DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI 

Inspire 1 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 27 PIC must 

accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes). 
19 | P a g e

 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 Jason L. Restich’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 

experiencebuilding 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, Jason L. Restich will ensure safe operations by not allowing any PIC to operate 

the DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 UAS unless that PIC 

has demonstrated, by meeting minimum flight-hour and currency requirements, that the PIC is 

able to safely operate the 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, Jason L. Restich will ensure that the UAS is in an airworthy condition based upon 

the UAS 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. 
20 | P a g e

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 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 

1 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 Jason L. Restich’s operation of the UASs

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 29 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 2 Vision+, 

DJI Phantom 3 Professional and DJI Inspire 1 UAS; (2) the limitations on the proposed flight 

operations; and (3) the location of the proposed flight operations. Accordingly, Jason L. Restich

will ensure that it will safely operate the battery powered UAS during daylight hours in VFR 

conditions, with enough battery power to fly for a total duration of 13 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 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 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 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, 30 and again 

at approximately 10% remaining battery power. At the critically low battery level, the 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). 
21 | P a g e

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, Jason L. Restich 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 Jason L. 

Restich will 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 Instruction Manuasl). Furthermore, Jason L. Restich will document 

and maintain all maintenance records for the UASs. 

Since the UASs will be inspected as prescribed by the operating documents, Jason L. 

Restich will maintain the equivalent level of safety established by Sections 91.405(a), 

91.409(a)(1), and 91.409(a)(2). 

Likewise, the exemption sought will not adversely affect safety because Jason L. Restich

will 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 2 

Vision+, DJI Phantom 3 Professional and DJI Inspire 1 UAS will be performed by Jason L. 

Restich. Maintenance will be documented and maintained utilizing a 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 Jason L. Restich proposed operating limitations, the operating 

documents, and the technical aspects of the DJI Phantom 2 Vision+ , DJI Phantom 3 Professional 

and DJI Inspire 1 UASs, Jason L. Restich 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, 32 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, Jason L. Restich requests that the FAA prescribe special 

conditions for the intended operation of the DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI 

Inspire 1 UASs, 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 
22 | P a g e

and photography, motion picture and television 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 UASs, 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 Jason L. Restich’s intended operation of the DJI Phantom 2 Vision+, DJI Phantom 

3 Professional and DJI Inspire 1 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 Jason L. Restich Seeks Exemption: 

Jason L. Restich 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 Jason L. Restich Seeks: 

This exemption will permit Jason L. Restich 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 Jason L. Restich’s 

Request. 

 This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 34 (FMRA) Section 

333, which directs the Secretary of Transportation to determine if certain UAS may operate safely in the 

NAS. As such, Jason L. Restich’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, Jason L. Restich will operate the DJI 
23 | P a g e

Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 UASs 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, Jason L. Restich 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 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 UASs commercially, without an 

airworthiness certificate, for the limited purpose of conducting aerial video and photography, motion 

picture and television 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 Jason L. Restich to safely, efficiently, 

and economically operate the DJI Phantom 2 Vision+ , DJI Phantom 3 Professional and DJI Inspire 1 

UASs commercially within the NAS. 

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

and Reform Act of 2012, Section 333, Jason L. Restich 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 Jason 

L. Restich to operate the DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 UASs 

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

States. 

Dated: December 29, 2015 

Respectfully submitted, 

Jason L. Restich

_________________________ 

Jason L. Restich

104 Summerfield Estates Drive

Oakdale, PA 15071

Tel: 412.498.7772

Email: restichj@yahoo.com

Appendices: 

A – DJI Phantom 2 Vision+ Specifications Data Sheet 

B – DJI Phantom 3 Professional – Specifications Data Sheet

C – DJI Inspire 1 – Specifications Data Sheet
24 | P a g e

APPENDIX – A

DJI PHANTOM 2 VISION+ TECHNICAL SPECIFICATIONS

 Jason L. Restich 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) 

1.1 DJI Phantom 2 Vision+ 

1.1.1 Aircraft 

1.1.1.1 Supported Battery – DJI 5200mAH LiPo Battery 

1.1.1.2 Weight (Battery & Propellers Included) – 2lbs 11.810oz (1242g) 

1.1.1.3 Hover Accuracy (Ready to Fly) – Vertical: .8m; Horizontal: 2.5m 

1.1.1.4 Max Yaw Angular Velocity - 2000/s 

1.1.1.5 Max Tilt Angel - 350

1.1.1.6 Max Ascent Speed – 6m/s 

1.1.1.7 Max Descent Speed – 2m/s 

1.1.1.8 Max Flight Speed – 15m/s (NOT RECOMMENDED) 

1.1.2 Gimbal 

1.1.2.1 Working Current – Static: 750mA; Dynamic: 900mA 37 

1.1.2.2 Control Accuracy - ±0.030

1.1.2.3 Controllable Range – Pitch: -900 - 00

1.1.2.4 Maximum Angular Speed – Pitch: 900/s 

1.1.3 Camera 

1.1.3.1 Operating Temperature Range - 320F - 1040F (00C - 400C) 

1.1.3.2 Sensor Size – 1/2.3” 

1.1.3.3 Effective Pixels – 14M

1.1.3.4 Resolution – 4384x3288 

4.1.3.5 HD Video Recording – 1080p30 & 720p 

4.1.3.6 Recording Field of View - 1100/850

1.1.4 Transmitter 

1.1.4.1 Operating Frequency – 5.728GHz – 5.85GHz 

1.1.4.2 Communication Distance (unobstructed) – FCC Compliance: 800m 

1.1.4.3 Receiver Sensitivity (1%PER) - -93dBm 

1.1.4.4 Transmitter Power – FCC Compliance: 100mW 

1.1.4.5 Working Voltage – 120mA@3.7V

1.1.5 Range Extender 

1.1.5.1 Operating Frequency – 2412-2462MHz 

1.1.5.2 Communication Distance (unobstructed) – 500-700m 

1.1.5.3 Transmitter Power – 20dBm 

1.1.5.4 Power Consumption – 2W 
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APPENDIX – B

DJI PHANTOM 3 PROFESSIONAL SPECIFICATION DATA SHEET

2.2 DJI Phantom 3 Professional

2.2.1 Aircraft 

2.2.1.1 Supported Battery – DJI 5200mAH LiPo Battery 

2.2.1.2 Weight (Battery & Propellers Included) – 2lbs 11.810oz (1242g) 

2.2.1.3 Hover Accuracy (Ready to Fly) – Vertical: .8m; Horizontal: 2.5m 

2.2.1.4 Max Yaw Angular Velocity - 2000/s 

2.2.1.5 Max Tilt Angel - 350

2.2.1.6 Max Ascent Speed – 6m/s 

2.2.1.7 Max Descent Speed – 2m/s 

2.2.1.8 Max Flight Speed – 15m/s (NOT RECOMMENDED) 

2.2.2 Gimbal 

2.2.2.1 Working Current – Static: 750mA; Dynamic: 900mA 37 

2.2.2.2 Control Accuracy - ±0.030

2.2.2.3 Controllable Range – Pitch: -900 - 00

2.2.2.4 Maximum Angular Speed – Pitch: 900/s 

2.2.3 Camera 

2.2.3.1 Operating Temperature Range - 320F - 1040F (00C - 400C) 

2.2.3.2 Sensor Size – 1/2.3” 

2.2.3.3 Effective Pixels – 14M

2.2.3.4 Resolution – 4384x3288 

4.1.3.5 HD Video Recording – 1080p30 & 720p 

4.1.3.6 Recording Field of View - 1100/850

2.2.4 Transmitter 

2.2.4.1 Operating Frequency – 5.728GHz – 5.85GHz 

2.2.4.2 Communication Distance (unobstructed) – FCC Compliance: 800m 

2.2.4.3 Receiver Sensitivity (1%PER) - -93dBm 

2.2.4.4 Transmitter Power – FCC Compliance: 100mW 

2.2.4.5 Working Voltage – 120mA@3.7V

2.2.5 Range Extender 

2.2.5.1 Operating Frequency – 2412-2462MHz 

2.2.5.2 Communication Distance (unobstructed) – 500-700m 

2.2.5.3 Transmitter Power – 20dBm 

2.2.5.4 Power Consumption – 2W 
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APPENDIX – C

DJI INSPIRE 1 SPECIFICATION DATA SHEET

3.3 DJI Inspire 1

3.3.1 Aircraft 

3.3.1.1 Model – T600

3.3.1.2 Weight (Battery Included) – 6 lbs 7.5291oz (2935g)

3.3.1.3 Hovering Accuracy (GPS Mode) – Vertical: 0.5m; Horizontal: 2.5m

3.3.1.4 Max Angular Velocity – Pitch 300 deg./s; Yaw: 150 deg/s

3.3.1.5 Max Tilt Anble – 35 deg

3.3.1.6 Max Ascent Speed – 5m/s

3.3.1.7 Max Descent Speed – 4m/s

3.3.1.8 Max Speed – 22m/s (ATTI mode, no wind – NOT RECOMMENDED)

3.3.1.9 Max Flight Altitude – 4500m

3.3.1.10 Max Wind Resistance – 10m/2

3.3.1.11 Max Flight Time – Approximately 18 minutes

3.3.1.12 Motor Model – DJI 3510

3.3.1.13 Propeller Model – DJI 1345

3.3.1.14 Operating Temperature Range – 14 deg F to 104 deg F

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

3.3.2 Gimbal

3.3.2.1 Model – ZENMUSE X3

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

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

3.3.2.4 Angular Vibration Range - +0.03

3.3.2.5 Mounting - Detachable

3.3.2.6 Controllable Range – Pitch -90 deg to +30 deg; Pan: +320 deg

3.3.2.7 Mechanical Range – Pitch -125 deg to 45 deg; Pan: +330 deg

3.3.2.8 Max Controllable Speed – Pitch: 120 deg/s; Pan: 180 deg/s

3.3.3 Camera

3.3.3.1 Name – X3

3.3.3.2 Model – FC350

3.3.3.3 Total Pixels – 12.76M

3.3.3.4 Effective Pixels – 12.4M

3.3.3.5 Image Max Size – 4000x3000

3.3.3.6 ISO Range 100-3200

3.3.3.7 Field of View – 94 deg

3.3.3.8 CMOS – Sony XMOR 1/2. 3”

3.3.3.9 HD Video Recording – UHD(4K): 4096x2160p24/25, 3840x2160p24/25/30;

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

3.3.3.10 Operating Temperature Range – 32 degF – 104 deg F

3.3.4 Transmiter

3.3.4.1 Name – C1

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

3.3.4.3 Communicating Distance (unobstructed) 2000m

3.3.4.4 Output Power – 9W

3.3.4.5 Operating Temperature Range – 14 deg F to 104 deg F

3.3.4.6 Battery – 600mAhLiPo 2S