1

UNITED STATES OF AMERICA DEPARTMENT OF 

TRANSPORTATION FEDERAL AVIATION 

ADMINISTRATION WASHINGTON, DC

Regulatory Docket No. FAA-2007-0001

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: 

Richard Flores

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 + UNMANNED AIRCRAFT SYSTEMS

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012 

(PUBLIC LAW 112-95)

Submitted on June 25, 2015 

Premier Property Inspection & Consulting 

Richard Flores 4608 Vermont Ave McAllen, Texas 78503 (956) 

878-6045 richard@premier-rgv.com
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TABLE OF CONTENTS 

Page GLOSSARY OF 

ABBREVIATIONS..................................................................................3 

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

INTRODUCTION AND INTERESTS Of PETIONER......................................4 

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

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

NAME AND ADDRESS OF PETITIONER ..................................................... 8 

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH Premier Property Inspection 

& Consulting SEEKS EXEMPTION 

......................................................................................... 8 

THE EXTENT OF RELIEF Premier Property Inspection & Consulting SEEKS AND 

THE REASON Premier Property Inspection & Consulting SEEKS THE 

RELIEF............... ............................................... 11 

THE REASONS WHY GRANTING Premier Property Inspection & Consulting’s

REQUEST WOULD BE IN THE PUBLIC INTEREST 

.......................................................................... 15 

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY 

AFFECT SAFETY.................................................................................................. 19 

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER. .... 35 

CONCLUSION ....................................................................................................... 35 

EXHIBITS................................................................................................................36 

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3

GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level 

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization 

AV Aerial Vehicle 

CFR Code of Federal Regulations 

COA Certificate of Authorization 

FAA Federal Aviation Administration 

FAR Federal Aviation Regulation 

GCS Ground Control Station 

GPS Global Positioning System

LOL Loss of Link

NAS National Airspace System 

NOTAM Notice to Airman 

PIC Pilot In Command 

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

Observer

SOP Standard Operating Procedures 

UAS Unmanned AircraftUnmanned 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

Premier Property Inspection & Consulting 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 Premier Property Inspection 

& Consulting to operate an Unmanned Aircraft System (UAS) for 

the commercial purpose of conducting aerial inspection and 

photography of construction sites, real estate, Non- Profit and other 

community special events in and around Hidalgo County in Texas

INTRODUCTION AND INTERESTS OF THE PETITIONER 

Premier Property Inspection & Consulting (Hereinafter referred to 

as “Premier Property Inspection Services”) Premier Property 

Inspection & Consulting provides its clients with affordable 

highest quality digital content for use in their commercial, 

personal, and other photography related projects. Premier Property 

Inspection & Consulting has over 4 years recreational/hobby 

experience in all aspects of RC Aircraft, Quadcopters and other 

small UAS’s. The objective of Premier Property Inspection & 

Consulting aerial video and photography operations is to provide 

high quality imaging for a variety of commercial, public, and 

residential uses, specifically targeting: 

• Aerial Real Estate photography 

• Aerial Real Estate Video 

• Aerial Photography Of Roofs For Inspection Purposes
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BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 3 

Premier Property Inspection & Consulting seeks an 

exemption to operate DJI systems for compensation or hire within 

the NAS. The DJI Phantom 3 is 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 3 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 UAS is equipped with four main 

rotors; driven by Lithium Polymer battery powered electric motors. 

The DJI Phantom 3 UAS that will be operated by Premier 

Property Inspection & Consulting will be registered in accordance 

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

Part 47, Aircraft Registration, and marked in accordance with 14 

C.F.R. Part 45, 

Identification and Registration Marking.

BASIS FOR PETITION

Petitioner, Premier Property Inspection Services, pursuant to 

the provisions of the Federal Aviation Regulations (14 C.F.R. § 

11.61) and the FAA Modernization and Reform Act of 2012 

(FMRA), Section 333, Special Rules for Certain Unmanned 

Aircraft Systems, hereby petitions the Administrator to 

commercially operate the DJI Phantom 3 UAS in the National 

Airspace System (NAS), and for an exemption from the 

requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 

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

91.417(a) & (b). 
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In consideration of the speed, weight, size, and limited 

operating area associated with the unmanned aircraft and its 

operation, Premier Property Inspection & Consulting operation of 

DJI Phantom 3 UAS meets the conditions of FMRA Section 333 

and therefore, will not require an airworthiness certificate in 

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

Accordingly, Premier Property Inspection & Consulting 

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. 

Premier Property Inspection & Consulting submits that the 

requested relief is proper since an equivalent level of safety will 

always be ensured (see Exhibit D). Premier Property Inspection & 

Consulting will use licensed technicians or the manufacturers 

service centers to 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 3 Instruction Manual). 

Furthermore, Premier Property Inspection & Consulting will 

document and maintain all maintenance records for the DJI 

Phantom 3 UAS. 

Relief from certain requirements of Section 61.113(a) and 

(b), entitled Private pilot privileges and limitations: Pilot in 

command, is requested by Premier Property Inspection & 

Consulting to the extent necessary to allow a Pilot in Command 

(PIC) holding a private pilot or higher level certificate, as well as 

an airman medical certificate, and who has demonstrated, by 

meeting minimum flight- hour and currency requirements, that the 

PIC is able to safely operate the DJI Phantom 3 UAS in a manner 

consistent with this exemption, including evasive and emergency 

maneuvers and maintaining appropriate distances from people, 

vessels, vehicles and structures. 
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Premier Property Inspection & Consulting seeks relief from 

Section 91.7(a), entitled Civil aircraft airworthiness, because the 

DJI Phantom 3 UAS do not require an airworthiness certificate in 

accordance with 14 C.F.R. Part 21, Subpart H. As such, Premier 

Property Inspection & Consulting submits that it will ensure that 

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

condition for safe flight. 

Premier Property Inspection & Consulting also seeks an 

exemption from the requirements of Section 91.121, entitled 

Altimeter Settings, as the DJI Phantom 3 UA will not have a 

typical barometric altimeter onboard. However, altitude 

information of the DJI Phantom 3 UA will be provided to the PIC 

via Global Positioning System (GPS) equipment and radio 

communications telemetry data link, which downlinks from the 

UA to the GCS for active monitoring of the flight path. This 

altitude information, combined with Premier Property Inspection & 

Consulting’s operation of the DJI Phantom 3 UAS within visual 

line of sight, at or below 400 feet AGL, will ensure a level of 

safety equivalent to Section 91.121 and our additional safety 

requirements as outlined in Exhibit D.. 

Additionally, Premier Property Inspection & Consulting 

seeks an exemption from the requirements of Section 91.151(b), 

entitled Fuel requirements for flight in VFR conditions. Premier 

Property Inspection & Consulting submits that safety will not be 

affected by operation of the DJI Phantom 3 UA during daylight 

hours in visual meteorological conditions (VMC) under visual 

flight rules (VFR), with enough battery power to fly for a total 

duration of approximately 13.5 minutes to the first point of 

intended landing and, assuming normal cruising speed, to fly after 

that for at least 4.5 minutes. 
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In accordance with 14 C.F.R. § 11.81, Premier Property 

Inspection & Consulting 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 as 

follows: 

RICHARD FLORES

4608 Vermont Ave

McAllen, Texas 78503

email: richard@premier-rgv.com 

B. The Specific Sections Of 14 C.F.R. From Which Premier 

Property Inspection & Consulting Seeks Exemption. 

1. Premier Property Inspection & Consulting 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
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(2) The aircraft does not carry passengers or property for 

compensation or hire. 

2. Premier Property Inspection & Consulting 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. Premier Property Inspection & Consulting 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) 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) 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. Premier Property Inspection & Consulting Exemption From 

The Requirements Of Section 91.151(b). 

Section 91.151, entitled Fuel requirements for flight in VFR 
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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. Premier Property Inspection & Consulting Exemption From 

The Requirement Of Section 91.405(a). 

Section 91.405, entitled Maintenance required, subsection (a), 

states the following: 

Each owner or operator of an aircraft—

(a) Shall have that aircraft inspected as prescribed in subpart 

E of this part and shall between required inspections, except 

as provided in paragraph (c) of this section, have 

discrepancies repaired as prescribed in part 43 of this 

chapter[.] 

6. Premier Property Inspection & Consulting 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. Premier Property Inspection & Consulting Seeks Exemption 

From The Requirements Of Sections 91.409(a)(1) And 
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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. Premier Property Inspection & Consulting 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 
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(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. 
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(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 Premier Property Inspection & 

Consulting Seeks And The Reason Premier Property 

Inspection & Consulting Seeks The Relief. 

1. Extent Of Relief Premier Property Inspection & 

Consulting Seeks And The Reason Premier Property 

Inspection & Consulting Seeks Relief From Section 

61.113(a) And (b). 

Relief from Section 61.113(a) and (b) entitled Private pilot 

privileges and limitations: Pilot in command, is requested to the 

extent necessary to allow a PIC holding a private pilot or higher 

level certificate, as well as a current and valid airman medical 

certificate, and who has met certain 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, Premier Property Inspection & 

Consulting submits that an equivalent level of safety will be 

maintained because no PIC will be allowed to operate the DJI 

Phantom 3 other than the person listed as Richard Flores, who has 
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4+ years’ experience in RC/VAV operation. In addition all flights 

must full under the safety guidelines of Exhibit D, which will be 

updated as new FAA guidelines take place. 

Further, Premier Property Inspection & Consulting submits 

that all flights of the DJI Phantom 3 UAS, conducted by the PIC 

pursuant to the grant of this Petition: (1) will be incidental to 

Premier Property Inspection & Consulting business; and (2) will 

not carry passengers, packages or property for compensation or 

hire. 

2. Extent Of Relief Premier Property Inspection & 

Consulting Seeks And The Premier Property Inspection 

& Consulting 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 Premier 

Property Inspection & Consulting to determine that the DJI 

Phantom 3 UAS are in airworthy condition prior to every flight by 

ensuring that the UAS is in compliance with the operating 

documents (i.e., the Premier Property Inspection & Consulting 

Aerial Operations Manual, Monthly Maintenance Log, and DJI 

Phantom 3 Instruction Manual). 

Premier Property Inspection & Consulting seeks the 

requested relief because the DJI Phantom 3 UAS do not require an 

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

Subpart H. Therefore, Premier Property Inspection & Consulting 

will ensure that the DJI Phantom 3 UAS are in airworthy condition 

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

Monthly Maintenance Log, and DJI Phantom 3 Instruction 

Manual) prior to every flight, and further, determine that the 

aircraft are in condition for safe flight, as stated in the conditions 

and limitations below. 

3. Extent Of Relief Premier Property Inspection & Consulting 
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Seeks And The Reason Premier Property Inspection & 

Consulting Seeks Relief From Section 91.121. 

Relief from Section 91.121, entitled Altimeter settings, may 

be required to allow flight operations of the DJI Phantom 3 UAS, 

which utilize a barometric pressure sensor, GPS equipment, and a 

radio communications telemetry data link to downlink altitude 

information from the UA to the PIC at the ground control station 

(GCS). Since the FAA requires that any altitude information 

concerning UAS operations be reported to air traffic control (ATC) 

in feet above ground level (AGL), Premier Property Inspection & 

Consulting seeks the requested relief because the DJI Phantom 3 

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

than the local barometric pressure or field altitude, before each 

flight. 

Considering the limited altitude of the proposed operations, 

relief from 14 CFR 91.121 is sought to the extent necessary to 

comply with the applicable conditions and limitations stated 

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

will be maintained since the DJI Phantom 3 UAS are equipped 

with a barometric pressure sensor and GPS equipment, which 

automatically ensures that a ground level pressure setting will be 

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

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

4. Extent Of Relief Premier Property Inspection & 

Consulting Seeks And The Premier Property Inspection 

& Consulting Relief From Section 91.151(b). 

Relief from Section 91.151(b) entitled Fuel requirements for 

flight in VFR conditions, is requested to the extent required to 

allow flights of the battery powered DJI Phantom 3 UAS during 

daylight hours in visual meteorological conditions (VMC), under 

visual flight rules (VFR), for a total duration of 13.5 minutes to the 

first point of intended landing and, assuming normal cruising 
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speed, to fly after that for at least 4.5 minutes. Premier Property 

Inspection & Consulting seeks the requested relief because without 

an exemption from Section 91.151(b), the flight time duration of 

the battery powered DJI Phantom 3 UA will severely constrain the 

practicality of any aerial video or still photo flight operations that 

Premier Property Inspection & Consulting proposes to conduct 

pursuant to this Petition. 

Significantly, as set forth below, the technical specifications 

of the DJI Phantom 3 UAS, the DJI Phantom 3 operating 

documents, and Premier Property Inspection & Consulting 

proposed operating limitations, ensure that Premier Property 

Inspection & Consulting will safely operate the battery powered 

DJI Phantom 3 UAS during daylight hours in visual 

meteorological conditions (VMC), under visual flight rules (VFR), 

with enough battery power to fly for a total duration of 13.5 

minutes to the first point of intended landing and, assuming normal 

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

5. Extent Of Relief Premier Property Inspection & 

Consulting Seeks And The Reason Premier Property 

Inspection & Consulting 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, Premier Property Inspection & 

Consulting requests relief from these Sections because the DJI 

Phantom 3 UAS does not require airworthiness certificates. As set 

forth more fully below, the DJI Phantom 3 UAS meets the 

conditions of FMRA Section 333 for operation without an 

airworthiness certificate. Accordingly, Premier Property Inspection 

& Consulting will use trained technicians to perform maintenance, 

alterations, or preventive maintenance on the UASs using the 

methods, techniques, and practices prescribed in the UAS 
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operating documents (i.e., the Aerial Operations Manual, Monthly 

Maintenance Log, and DJI Phantom 3 Instruction Manual). 

Furthermore, Premier Property Inspection & Consulting will 

document and maintain all maintenance records for the DJI 

Phantom 3 UAS. 

D. The Reasons Why Granting Premier Property Inspection & 

Consulting 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 Premier Property Inspection & Consulting to safely, 

efficiently, and economically perform aerial video and 

photography for Non-Profit and Community Organizations, as well 

as, pursue revenue for a Small Business in the USA as we provide 

commercial services for Homes and Land for sale, Places of 

Lodging, Golf Courses, and other commercial properties seeking 

the described services for marketing purposes over certain areas of 

the Rio Grande Valley, Texas and the surrounding areas. 

Additionally, use of the DJI Phantom 3 UAS will decrease 

congestionof the NAS and reduce pollution, since past aerial 

photography required large manned aircraft for extended periods of 

time. Notably, the benefits of Premier Property Inspection& 

Consulting’s proposed operation of the DJI Phantom 3 UAS will 

be realized without implicating any privacy issues. 

1. The Public Will Benefit From Decreased Congestion Of 

The NAS. 

The DJI Phantom 3 UA are battery powered and serve as a 

safe, efficient, and economical alternative to the manned aircraft 

traditionally utilized to obtain aerial imagery. By reducing the 

amount of manned aircraft needed to perform aerial acquisitions, 

an exemption allowing the use of a DJI Phantom 3 UAS would 

reduce the amount of manned aircraft in the NAS, reduce noise and 
18

air pollution, as well as increase the safety of life and property in 

the air and on the ground (as outlined in Exhibit D). 

Furthermore, by reducing the number of manned aircraft 

operating in the NAS, congestion around airports caused by 

arriving and departing aircraft will be reduced. The DJI Phantom 3 

UA 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 Effici

ency Of The DJI Phantom 3 UAS. 

Conducting aerial acquisitions with the DJI Phantom 3 UAS, 

instead of manned aircraft, will greatly benefit the public by 

drastically reducing the levels of air and noise pollution generated 

during traditional aerial video and still photography flight 

operations. By using battery power and electric motors, the DJI 

Phantom 3 UAS produce no air pollution, and is the most viable 

environmentally conscious alternative to the cabin class, six 

cylinder internal combustion engine aircraft that are typically 

utilized for aerial video and photography, while burning 

approximately 20-30 gallons per hour of leaded aviation fuel. The 

DJI Phantom 3 UA, while reducing the carbon footprint of aerial 

acquisitions, also eliminates noise pollution, as the UAS are 

propelled by battery powered electric motors, rather than an 

internal combustion engine. 

By using the DJI Phantom 3 UAS to perform aerial 

acquisitions, the substantial risk to life and property in the air and 

on the ground, which is usually associated with traditional manned 

aircraft flight operations, will be substantially reduced or 

completely eliminated. Aside from the lack of flight crew members 

located onboard the aircraft, the DJI Phantom 3 UA (weighing 
19

approximately 2 pounds 11 ounces and 6 pounds 7.5 ounces 

respectively, at their maximum gross weights with lengths of 16 

inches and 17.3 inches respectively, widths of 16 inches and 17.7 

inches respectively, and with no fuel on board), has less physical 

potential for collateral damage to life and property on the ground, 

and in the air, compared to the manned aircraft that typically 

conduct similar operations (weighing approximately 6,000 pounds 

with a wingspan of approximately 42 feet, a length of 34 feet, and 

a fuel capacity of 180 gallons). 

3. Performing Aerial Video and Photography Operations 

with The DJI Phantom 3 UAS Will Benefit Non-Profit 

and Community Organizations. 

As stated earlier in this petition, Premier Property Inspection 

& Consulting provides free services to Non- Profit and Community 

Organization that normally could not afford to have their event or 

site professionally photographed. There the Hidalgo County, Texas 

community and surrounding area benefits. 

4. Performing Aerial Video and Photography Operations 

with The DJI Phantom 3 UAS Will Benefit The Economy. 

In addition to being safe and efficient, the DJI Phantom 3 is 

also an economical alternative to using manned aircraft to conduct 

similar aerial operations. As such, operation of the DJI Phantom 3 

UAS will allow United States based companies, like Premier 

Property Inspection Services, to remain competitive and contribute 

to growth of theU.S. economy. Specifically, with the rising cost of 

aviation fuel and the Environmental Protection Agency (“EPA”) 

regulatory actions phasing out leaded aviation fuels, U.S. owned 

and operated companies must adopt new and alternative 

technology in order to remain competitive. Operating the battery 

powered DJI Phantom 3 UAS is one such technology that not only 

allows companies greater operational flexibility compared to 

manned aircraft, but provides such flexibility without the high 
20

operational cost of a traditional manned aircraft. 

By operating the DJI Phantom 3 UAS, companies such as 

Premier Property Inspection Services, can remain competitive and 

profitable, and therefore, provide greater job stability to employees 

and contractors, which will ultimately contribute to growth of 

theU.S. economy. Improved financial performance of U.S. 

companies, through commercial use of the DJI Phantom 3 UAS, 

provides a stable workforce that increases consumer spending; 

improves local, state, and federal tax revenues; and allows 

companies to invest in research and development in order to 

remain competitive both in the United States and abroad. 

5. There Are No Privacy Issues. 

Similar to the manned aerial acquisition flight operations that 

have been conducted for decades, Premier Property Inspection & 

Consulting proposed operation of the DJI Phantom 3 UAS will not 

implicate any privacy issues. Specifically, the DJI Phantom 3 UAS 

will be operated only in compliance with operating documents 

(i.e., the Premier Property Inspection & Consulting Aerial 

Operations Manual, Monthly Maintenance Log, and DJI Phantom 

3 Instruction Manual) which requires property owner involvement 

as well as local law enforcement notification, and in accordance 

with the Federal Aviation Regulations, including the minimum 

altitude requirements of 14 C.F.R. § 91.119. 

E. The Reasons Why Granting The Exemption Would Not 

Adversely Affect Safety, Or How The Exemption Would 

Provide A Level Of Safety At Least Equal To That Provided 

By The Rule From Which Premier Property Inspection & 

Consulting Seeks Exemption. 

1. Reasons Why The DJI Phantom 3 UA Meet The 

Conditions Of The FAA Modernization and Reform Act 

of 2012 (FMRA) Section 333. 
21

In consideration of the size, weight, speed, and limited 

operating area associated with the unmanned aircraft and its 

operation, Premier Property Inspection & Consulting operation of 

the DJI Phantom 3 UAS meet the conditions of FMRA Section 

333, and will not require an airworthiness certificate in accordance 

with 14 C.F.R. Part 21, Subpart H. 

Section 333 provides authority for a UAS to operate without 

airworthiness certification and sets forth requirements for 

considering whether a UAS will create a hazard to users of the 

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

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

(a) In General.--Notwithstanding any other requirement of this 

subtitle, and not later than 180 days after the date of enactment of 

this Act, the Secretary of Transportation shall determine if certain 

unmanned aircraft systems may operate safely in the national 

airspace system before completion of the plan and rulemaking 

required by section 332 of this Act or the guidance required by 

section 334 of this Act. 

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

determination under subsection (a), the Secretary shall determine, 

at a minimum--

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

result of their size, weight, speed, operational capability, 

proximity to airports and populated areas, and operation 

within visual line of sight do not create a hazard to users of 

the national airspace system or the public or pose a threat to 

national security; and 

(2) whether a certificate of waiver, certificate of 

authorization, or airworthiness certification under section 

44704 of title 49, United States Code, is required for the 

operation of unmanned aircraft systems identified under 
22

paragraph (1). 

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

under this section that certain unmanned aircraft systems may 

operate safely in the national airspace system, the Secretary shall 

establish requirements for the safe operation of such aircraft 

systems in the national airspace system. 

In seeking this exemption, Premier Property Inspection & 

Consulting submits that the DJI Phantom 3 UAS can operate safely 

in the NAS pursuant to FMRA Section 333, as demonstrated by: 

(a) the characteristics of the DJI Phantom 3 UAS; (b) the pilot 

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

a. The Specifications Of The DJI Phantom 3 UAS 

Demonstrate Its Safe Characteristics. 

The DJI Phantom 3 UAS does not create a hazard to users of 

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

security considering its size, weight, speed, and operational 

capability. 

i. Technical Specifications Of The DJI Phantom 3 UAS. 

The technical specifications of the DJI Phantom 3 UAS is set 

forth by the DJI Phantom 3 Specifications and Data Sheet, attached 

hereto as Exhibit A. 

ii. The DJI Phantom 3 UAS Autonomous Flight And 

Navigation Modes Enable The UAS To Remain Within A 

Defined Operational Area. 

The DJI Phantom 3 UAS may be operated in both manual 

and fully autonomous flight modes. A complete description of the 

flight and navigational modes of the DJI Phantom 3 UAS is 

provided at pages 25-32 of the DJI Phantom 3 User Manual, 

attached hereto as Exhibit B. 
23

iii. The DJI Phantom 3 UAS Are Designed For Automatic 

Return To Home Point Or Hover In The Event Of Loss 

Of The Control Link Or Navigation. 

When the Control Link is lost, the DJI Phantom 3 UA will 

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

seconds, the DJI Phantom 3 UA does not reacquire control link 

data from the GCS, the UA will assume that the Control Link is 

lost and the UA will return to the home position (i.e., failsafe 

mode) via GPS, and will descend to the takeoff position and 

shutdown. 

A complete description of the Failsafe Functions of the DJI 

Phantom 3 UAS are set forth at pages 27 through 28 of the DJI 

Phantom 3 User Manual, attached hereto as Exhibit B. 

iv. The DJI Phantom 3 GCS And Its Operation. 

A complete description of the operation and specifications of 

the DJI Phantom 3 GCS and flight control software is provided at 

pages 32 through 43 of the DJI Phantom 3 User Manual. DJI 

Phantom 3 User Manual is attached hereto as Exhibit B. 

b. Flight Operations Of DJI Phantom 3 UAS Are Limited 

To The Line Of Sight Of A Certificated Pilot in 

Command With A Safety Observer. 

Premier Property Inspection & Consulting will only utilize 

certificated pilots who possess a current and valid airman medical 

certificate to act as a pilot in command (PIC) of the DJI Phantom 3 

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

flight time. And the guidelines exhibited in D, will be followed at 

all-times ensuring the safety of all involved. 

c. Flights Of DJI Phantom 3 UAS Will Be Conducted 

Pursuant To Specific Operating Limitations. 
24

In seeking this exemption, proposes to commercially operate 

DJI Phantom 3 UAS for the special purpose of conducting aerial 

video and photography over certain areas of Oneida County and 

surrounding areas, pursuant to the following specific operating 

limitations: 

1. Operations authorized by this grant of exemption will be 

limited to the following aircraft described in the operating 

documents, rotorcraft UASs weighing less than 55 pounds 

maximum gross weight: DJI Phantom 3 Unmanned 

Aircraft System. Proposed operations of any other aircraft 

will require a new petition or a petition to amend this 

grant. 

2. UAS operations under this exemption will be limited to 

conducting operations for the purpose of aerial video and 

photography. 

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

exceeding 20 knots

4. The UA must be operated at an altitude of no more than 

400 feet above ground level (AGL), as indicated by the 

procedures specified in the operating documents unless a 

special request is made and approved by ATC. All 

altitudes reported to ATC must be in feet AGL. 

5. The UAS must be operated within visual line of sight 

(VLOS) of the PIC at all times. This requires the PIC to be 

able to use human vision unaided by any device other than 

corrective lenses, as specified on the PIC’s FAA-issued 

airman medical certificate. 

6. The use of first person view (FPV) by the PIC or safety 

observer (SO) is not permitted. 

7. All operations must utilize a safety observer (SO). The SO 

may be used to satisfy the VLOS requirement as long as 

the PIC always maintains VLOS capability. The SO and 

PIC must be able to communicate verbally at all times. 

Electronic messaging or texting is not permitted during 
25

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 
26

performed and the UAS is found to be in a condition for 

safe flight. The Ground Control Station must be included 

in the preflight inspection. All maintenance and alterations 

must be properly documented in the aircraft records. 

11. Any UAS that has undergone maintenance or 

alterations that affect the UAS operation or flight 

characteristics, e.g. replacement of a flight critical 

component, must undergo a functional test flight. The PIC 

who conducts the functional test flight must make an entry 

in the aircraft records. 

12. The pre-flight inspection must account for all potential 

discrepancies, e.g. inoperable components, items, or 

equipment, not already covered in the relevant sections of 

the operating documents. 

13. The operator must follow the UAS manufacturer’s 

aircraft/component, maintenance, overhaul, replacement, 

inspection, and life limit requirements. 

14. The operator must carry out its maintenance, 

inspections, and record keeping requirements, in 

accordance with the operating documents. Maintenance, 

inspection, alterations, and status of replacement/overhaul 

component parts must be noted in the aircraft records, 

including total time in service, description of work 

accomplished, and the signature of the authorized person 

returning the UAS to service. 

15. Each UASs operated under this exemption must comply 

with all manufacturer Safety Bulletins. 

16. The authorized person must make an entry in the 

aircraft record of the corrective action taken against 

discrepancies discovered between inspections. 

17. The PIC must possess at least a private pilot certificate 

and at least a current third- class medical certificate. 

18. The operator may not permit any PIC to operate unless 

the PIC meets the operator’s qualification criteria and 

demonstrates the ability to safely operate the UAS in a 
27

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 purpose2s3of 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. § 19.1. 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 FAApublished aeronautical chart unless a letter of agreement 

with that airport’s management is obtained, and the 

operation is conducted in accordance with a NOTAM as 

required by the operator’s COA. The letter of agreement 

with the airport management must be made available to 

the Administrator upon request. 

21. The UA may not be operated less than 500 feet below 

or less than 2,000 feet horizontally from a cloud or when 

visibility is less than 3 statute miles from the PIC. 

22. If the UA loses communications or loses its GPS signal, 

it must return to a pre- determined location within the 

planned operating area and land or be recovered in 
28

accordance with the operating documents. 

23. The PIC must abort the flight in the event of 

unpredicted obstacles or emergencies in accordance with 

the operating documents. 

24. The PIC is prohibited from beginning a flight unless 

(considering wind and forecast weather conditions) there 

is enough power to fly at normal cruising speed to the 

intended landing point and land the UA with 25% battery 

power remaining. 

25. The operator must obtain an Air Traffic Organization 

(ATO) issued Certificate of Waiver or Authorization 

(COA) prior to conducting any operations under the grant 

of exemption. This COA will also require the operator to 

request a Notice to Airman (NOTAM) not more than 72 

hours in advance, but not less than 48 hours prior to the 

operation. All operations shall be conducted in accordance 

with airspace requirements in the ATO issued COA 

including class of airspace, altitude level and potential 

transponder requirements. 

26. All aircraft operated in accordance with the exemption 

must be identified by serial number, registered in 

accordance with 14 C.F.R. part 47, and have identification 

(N- Number) markings in accordance with 14 C.F.R. part 

45, Subpart C. Markings must be as large as practicable. 

27. Before conducting operations, the radio frequency 

spectrum used for operation and control of the UA m2u4st 

comply with the Federal Communications Commission 

(FCC) or other appropriate government oversight agency 

requirements. 

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

91.203 must be available to the PIC at the Ground Control 

Station of the UAS any time the UAS is operating. These 

documents must be made available to the administrator or 

any law enforcement official upon request. 
29

29. Premier Property Inspection & Consulting abides and 

enforces the safety checklist to as exhibited in section D to 

ensure that we provide safety for everyone in and near to 

the site.. 

30. The UA must remain clear and yield the right of way to 

all manned aviation operations and activities at all times. 

31. The UAS may not be operated by the PIC from any 

moving device or vehicle. 

32. Flight operations must be conducted at least 400 feet 

from all nonparticipating persons (persons other than the 

PIC, SO, operator trainees or essential persons), vessels, 

vehicles, and structures unless: 

a. Barriers or structures are present that sufficiently 

protect nonparticipating persons from the UA and/or 

debris in the event of an accident. The operator must 

ensure that nonparticipating persons remain under such 

protection. If a situation arises where nonparticipating 

persons leave such protection and are within 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). 

33. All operations shall be conducted over private or 

controlled-access property with permission from the land 
30

owner/controller or authorized representative. Permission 

from land owner/controller or authorized representative 

will be obtained for each flight to be conducted. 

34. 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. 

Premier Property Inspection & Consulting submits that the 

equivalent level of safety established by Section 61.113(a) and (b) 

will be maintained because no PIC will be allowed to operate the 

DJI Phantom 3 UAS unless that PIC has demonstrated, by meeting 

minimum flight- hour and currency requirements, that the PIC is 

able to safely operate the DJI Phantom 3 UAS in a manner 

consistent with the exemption, including evasive and emergency 

maneuvers and maintaining appropriate distances from people, 

vessels, vehicles and structures. 

Considering Premier Property Inspection & Consulting

proposed area of operations, and the operating limitations set forthabove; the parallel nature of private pilot aeronautical knowledge 

requirements to those of commercial pilot requirements (See 

Exemption No. 11062); and the airmanship skills necessary to 

safely operate the DJI Phantom 3 UAS, Premier Property 

Inspection & Consulting submits that the additional manned 

airmanship experience of a commercially certificated pilot would 

not correlate to the airmanship skills necessary for Premier 

Property Inspection & Consulting specific proposed flight 
31

operations. 

The FAA has previously granted relief from Section 61.113(a) and 

(b) specific to UAS, in circumstances similar, in all material 

respects, to those presented herein (e.g. 

Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 

11080, 11109, 11110, 11112, 

11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 

11161).Premier Property Inspection & Consulting will not allow 

any PIC to operate the DJI Phantom 3 UAS unless that PIC has 

demonstrated, by meeting minimum flight-hour requirements or 

the DJI Phantom 3 UAS training and currency requirements, that 

the PIC is able to safely operate the DJI Phantom 3 UAS in a 

manner consistent with this exemption, including evasive and 

emergency maneuvers and maintaining appropriate distances from 

people, vessels, vehicles and structures.Specifically, the PIC must 

have accumulated and logged, in a manner consistent with 14 

C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot 

(with a minimum of 5 hours of those hours as a UAS pilot 

operating the same make and model of UAS to be used for 

operations under the exemption). In addition to the hour 

requirements, the PIC must accomplish 3 takeoffs and landings in 

the preceding 90 days (for currency purposes). 

As in Exemption Nos. 11062, 11138, and 11153, prior 

documented flight experience that was obtained in compliance 

with applicable regulations will ensure an equivalent level of 

safety during Premier Property Inspection & Consulting 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 
32

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 multirotor time and the 10 hours may be included in the total 25 hours 

of UAS rotorcraft time. In addition to the hour requirements, the 

PIC must accomplish 3 takeoffs and landings in the preceding 90 

days (for currency purposes). The FAA finds that at a minimum, 

the flight-hour requirements in Exemption No. 11062 are 

appropriate to practice and build proficiency in the skills necessary 

to safely conduct the petitioner’s proposed operations. The FAA 

also finds that prior documented flight experience that was 

obtained in compliance with applicable regulations would satisfy 

this requirement. Training, proficiency, and experience-building 

flights can also be conducted under the grant of exemption to 

accomplish the required flight time. During training, proficiency,

and experience-building flights the PIC is required to operate the 

UA with appropriate distances in accordance with 14 C.F.R 

91.119. Exemption No. 11138 at page 15. 

Accordingly, Premier Property Inspection & Consulting will 

ensure safe operations by not allowing any PIC to operate the DJI 

Phantom 3 UAS unless that PIC has demonstrated, by meeting 

minimum flight-hour and currency requirements, that the PIC is 

able to safely operate the DJI Phantom 3 UAS in a manner 

consistent with the exemption, including evasive and emergency 

maneuvers and maintaining appropriate distances from people, 

vessels, vehicles and structures. 
33

3. Reasons Why An Exemption From The Requirements Of 

Section 91.7(a) Would Not Adversely Affect Safety.

Premier Property Inspection & Consulting requires a tight set of 

rules that follow best practices and FAA requirements and 

guidelines (Exhibit D). 

The equivalent level of safety established by Section 91.7(a) will 

be maintained because prior to every flight, plus Premier Property 

Inspection & Consulting also requires the safety checklist in 

Exhibit D that ensures that the DJI Phantom 3 UAS is in an 

airworthy condition based upon the UAS’s compliance with its 

operating documents and as stated in the conditions and limitations 

herein. 

Additionally, the FAA has previously granted relief from Section 

91.7(a) specific to UAS, in circumstances similar, in all material 

respects, to those presented herein (e.g. Exemption Nos. 11062, 

11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 

11112,11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 

11160, 11161). 

4. Reasons Why An Exemption From The Requirements Of 

Section 91.121 Would Not Adversely Affect Safety. 

As outlined in Exhibit D, Premier Property Inspection & 

Consulting fly’s only under a very set rules. 

We believe these rules include and go beyond current FAA 

guidelines. Therefore, the equivalent level of safety established by 

Section 91.121 will be maintained because the altitude information 

of the DJI Phantom 3 UA will be provided to the PIC via GPS 

equipment and a radio communications telemetry data link, which 

downlinks from the UA to the GCS for active monitoring of the 

flight path and altitude. This altitude information, combined with 

Premier Property Inspection & Consulting’s operation of the DJI 

Phantom 3 UA within visual line of sight, at or below 500 feet 
34

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

The altitude information will be generated by GPS equipment 

installed onboard the aircraft. Prior to each flight, a zero altitude 

initiation point is automatically established by the UASs at ground 

level. 

The FAA has previously granted relief from Section 91.121 

specific to UAS, in circumstances similar, in all material respects, 

to those presented herein (e.g. Exemption Nos. 11062, 11063, 

11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 

11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). 

5. Reasons Why An Exemption From The Requirements Of 

Section 91.151(b) Would Not Adversely Affect Safety. 

A grant of this exemption would ensure an equivalent level 

of safety established by 14 C.F.R. Section 91.151(b) as a result of 

(1) the technical specifications of the DJI Phantom 3 UAS; (2) the 

limitations on the proposed flight operations; and (3) the location 

of the proposed flight operations. Accordingly, Premier Property 

Inspection & Consulting will ensure that it will safely operate the 

battery powered DJI Phantom 3 UA during daylight hours in VFR 

conditions, with enough battery power to fly for a total duration of 

13.5 minutes to the first point of intended landing and, assuming 

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

Here, as in Exemption No. 11109, the technical specifications 

of the DJI Phantom 3 UAS; the limitations on the proposed flight 

operations; and the location of the proposed operations, will ensure 

an equivalent level of safety established by 14 C.F.R. Section 

91.151(b). Furthermore, safety will be ensured as the DJI Phantom 

3 UAS provide audible and visual warnings to the PIC at the GCS 

when the UAS experiences low battery voltage, the first warning 

occurring at approximately 33% remaining battery power, and 

again at approximately 10% remaining battery power. At the 

critically low battery level, the DJI Phantom Vision+ UAS will 
35

descend and land automatically. 

Significantly, previous exemptions granted by the FAA 

concerning Section 91.151 establish that safety is not adversely 

affected when the technical characteristics and operating 

limitations of the UAS are considered. Relief has been granted for 

manned aircraft to operate at less than the minimums prescribed in 

Section 91.151, including 

Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA 

has previously granted relief from Section 91.151 specific to UAS, 

in circumstances similar, in all material respects, to those presented 

herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 

11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 

11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 

11161). 

6. Reasons Why An Exemption From The Requirements Of 

Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 

91.417(a) & (b) Would Not Adversely Affect Safety. 

In seeking this exemption, Premier Property Inspection & 

Consulting 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 Premier Property 

Inspection & Consulting will use trained technicians to perform 

maintenance, alterations, or preventive maintenance on the UAS 

using the methods, techniques, and practices prescribed in the 

operating documents (i.e., the Premier Property Inspection & 

Consulting Aerial Operations Manual, Monthly Maintenance Log, 

and DJI Phantom 3 Instruction Manual).Furthermore, Premier 

Property Inspection & Consulting will document and maintain all 

maintenance records for the DJI Phantom 3 UAS.Since the DJI 

Phantom 3 UAS will be inspected as prescribed by the operating 

documents, Premier Property Inspection & Consulting will 
36

maintain the equivalent level of safety established by Sections 

91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of the DJI 

Phantom 3 User Manuals are attached hereto as Exhibit B; a copy 

of the DJI Phantom 3 UAS Maintenance LOG is attached hereto as 

Exhibit C. 

Likewise, the exemption sought will not adversely affect 

safety because Premier Property Inspection & Consulting will use 

trained technicians to perform maintenance, alterations or 

preventive Maintenance on the UAS using the methods, 

techniques, and practices prescribed by the operating documents. 

Furthermore, the exemption sought would maintain an 

equivalent level of safety established by Sections 91.407, 

91.417(a) and 91.417(b), because all maintenance of the DJI 

Phantom 3 UAS will be performed by trained technicians. 

Maintenance will be documented and maintained utilizing the 

monthly maintenance log. 

Significantly, previous exemptions granted by the FAA 

concerning Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & 

(a)(2), and 91.417(a) & (b) establish that safety is not adversely 

affected when the technical characteristics and operating 

limitations of the UAS are considered. 

In consideration of Premier Property Inspection & 

Consulting proposed operating limitations, the operating 

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

Premier Property Inspection & Consulting submits that safety will 

not be adversely affected by granting exemption from 14 and 

(a)(2), 91.409(a)(2), and 91.417(a) and (b). C.F.R. Sections 

91.405(a), 91.407(a)(1) a 31 

The FAA has previously granted relief specific to UAS in 

circumstances similar, in all material respects, to those presented 

herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 
37

11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150,11153, 

11156, 11157, 11158, 11159, 11160, 11161). 

In additional 350 Sky Vision fly only under a tight set of 

rules which can be found in Exhibit D, which ensure the safest 

operation under any foreseen circumstance. 

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, Premier Property Inspection & Consulting

requests that the FAA prescribe special conditions for the intended 

operation of the DJI Phantom 3 UAS, which contain such safety 

standards that the Administrator finds necessary to establish a level 

of safety equivalent to that established by 14 C.F.R. Part 21, 

Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 

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

91.417(a) & (b). Such special conditions will permit safe operation 

of the UAS for the limited purpose of conducting aerial video and 

photography over certain areas of the United States for 

compensation or hire. FMRA Section 333 sets forth the 

requirements for considering whether a UAS will create a hazard 

to users of the NAS or the public, or otherwise pose a threat to 

national security; and further, provides the authority for such UAS 

to operate without airworthiness certification in accordance with 

any requirements that must be established for the safe operation of 

the UAS in the NAS. 

Likewise, the Administrator may prescribe special conditions 

pursuant to 14 C.F.R. § 21.16, for operation of the DJI Phantom 3 

UAS, since the airworthiness regulations of 14 C.F.R. Part 21 do 

not contain adequate or appropriate safety standards, due to the 

novel or unusual design features of the aircraft. Section 21.16, 

entitled Special Conditions, states the following: 
38

If the FAA finds that the airworthiness regulations of this 

subchapter do not contain adequate or appropriate safety standards 

for an aircraft, aircraft engine, or propeller because of a novel or 

unusual design feature of the aircraft, aircraft engine or propeller, 

he prescribes special conditions and amendments thereto for the 

product. The special conditions are issued in accordance with Part 

11 of this chapter and contain such safety standards for the aircraft, 

aircraft engine or propeller as the FAA finds necessary to establish 

a level of safety equivalent to that established in the regulations. 

See 14 C.F.R. § 21.16.

Therefore, in accordance with FMRA Section 333 and 14 

C.F.R. § 21.16, the FAA may prescribe special conditions for 

Leading Edge’s intended operation of the DJI Phantom 3 UAS, 

which contain such safety standards that the Administrator finds 

necessary to establish a level of safety equivalent to that 

established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 

61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 

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

F. A Summary That Can Be Published In The Federal 

Register, stating: The Rules From Which Premier Property 

Inspection & Consulting Seeks Exemption: 

Premier Property Inspection & Consulting 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 Premier 

Property Inspection & Consulting Seeks: 

This exemption will permit Premier Property Inspection & 

Consulting to commercially operate an Unmanned Aircraft System 

(UAS) for the purpose of conducting aerial video and photography 
39

over certain areas of the United States. 

G. Any Additional Information, Views, Or Arguments 

Available To Support Premier Property Inspection & 

Consulting Request. 

This Petition is made pursuant to the FAA 

Modernization and Reform Act of 2012 (FMRA) Section 

333, which directs the Secretary of Transportation to 

determine if certain UAS may operate safely in the NAS. As 

such, Premier Property Inspection & Consulting 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, Premier Property Inspection & 

Consulting will operate the DJI Phantom 3 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, Premier Property Inspection & 

Consulting seeks an exemption pursuant to 14 C.F.R. § 11.61 and 

Section 333 of the FAA Modernization and Reform Act of2012 

(FMRA), which will permit safe operation of the DJI Phantom 3 

UAS commercially, without an airworthiness certificate, for the 

limited purpose of conducting aerial video and photography over 

McAllen, TX and surrounding area. By granting this Petition, the 

FAA Administrator will be fulfilling the Congressional mandate of 
40

the FAA Modernization and Reform Act of 2012, while also 

advancing the interests of the public, by allowing Premier Property 

Inspection & Consulting to safely, efficiently, and economically 

operate the DJI Phantom 3 UAS commercially within the NAS. 

WHEREFORE , in accordance with the Federal Aviation 

Regulations and the FAA Modernization and Reform Act of2012, 

Section 333, Premier Property Inspection & Consulting

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)(l) & (a)(2), and 91.417(a) & (b), and permit 

Leading Edge to operate the DJI Phantom 3 UAS commercially for 

the purpose of conducting aerial video and photography over 

certain areas of the United States.Dated: June 25, 2015 

Respectfully submitted, Premier Property Inspection & Consulting// 

Premier Property Inspection & Consulting Richard Flores 4608 Vermont Ave McAllen, 

Texas 78503 

Email: Richard@premier-rgv.com
41

Exhibits: 

A – DJI Phantom 3 Specifications Data Sheet

B – DJI Phantom 3 Manufacturer’s User Manual

C – Monthly Maintenance Log

D – Premier Property Inspection & Consulting On-Site Safety 

Checklist 

EXHIBIT – A

DJI PHANTOM 3 TECHNICAL SPECIFICATIONS

Premier Property Inspection & Consulting only utilizes safe and 

reliable UASs. DJI is an industry leader in small UAS production. 

DJI UASs are loaded with ground breaking software enabling the 

user to set parameters which will not allow flight into controlled 

airspace. Parameters can also be set to limit flight to no higher than 

a predetermined and set altitude as well as limit flight to a 

predetermined and set distance. In addition, DJI software provides 

real- time altitude and location information to the PIC via the 

linked monitor (smart phone/tablet devices)

Aircraft

Supported Battery: DJI 5200mAh LiPo Battery

Weight (Battery & Propellers included): 1242g

Hover Accuracy (Ready to Fly): Vertical: 0.8m; Horizontal: 2.5m 

Max Yaw Angular Velocity; 200°/s

Max Tiltable Angle: 35°

Max Ascent / Descent Speed: Ascent: 6m/s; Descent: 2m/s 
42

Max Flight Speed: 15m/s (Not Recommended)

Diagonal motor-motor distance: 350mm

Remote Control

Operating Frequency: 5.728 GHz-5.85 GHz 

Communication Distance (open area): CE Compliance: 400m; FCC 

Compliance: 800m

Receiver Sensitivity (1%PER): -93dBm

Transmitter Power: CE Compliance: 25mW; FCC Compliance: 

100mW 

Working Voltage: 120 mA@3.7V 

Built-in LiPo Battery Working Current/Capacity: 3.7V, 2000mAh 

Range

Operating Frequency: 2412-2462MHz 

Communication Distance (open area): 500-700m 

Transmitter Power: 20dBm

Power Consumption: 2W 

EXIBIT – B

DJI Phantom 3 Manufacturer’s User Manual

See Separate document attached to the Docket