U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave, S.E.

Washington, D.C. 20590

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

Alfredo J. Cortes

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF 

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS

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

91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL 

OPERATION OF DJI PHANTOM 3 and 3D Robotics Solo UNMANNED 

AIRCRAFT SYSTEMS

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012 

(PUBLIC LAW 112-95)

Submitted on December 17, 2015

Alfredo J. Cortes

9012 Alexandra Circle

Wellington, FL. 33414

Tel: (239) 281-6778
2

TABLE OF CONTENTS

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

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

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

BACKGROUND....................................................................................................................4 

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

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

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH Alfredo Cortes SEEKS 

EXEMPTION.................................................................6

THE EXTENT OF RELIEF Alfredo Cortes SEEKS AND THE REASON Alfredo 

Cortes SEEKS THE 

RELIEF.................................................................................................................9

THE REASONS WHY GRANTING Alfredo Cortes 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......24 

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS 

AVAILABLE TO SUPPORT Alfredo Cortes 

REQUEST...............................................................................................................24 

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

APPENDIX INDEX ...............................................................................26
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

PIC Pilot In Command

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

SO Safety Observer

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing
4

SUMMARY

I seek 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 me to operate an Unmanned 

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

photography for wedding videography, real estate photography, special events, forestry

practices, and landscape over certain areas of the United States. 

INTRODUCTION AND INTERESTS OF THE PETITIONER

I provide clients with expertise and knowledge in advanced technologies and 

solutions to increase efficiency, productivity and effectiveness. I also provides clients with 

the highest quality digital content for use in their commercial, personal, and non-profit 

multimedia projects. My objective is in aerial video and photography operations is to 

provide high quality imaging for a variety of News reporting, Real Estate, Oil & Gas 

industry, forestry, commercial, public, and residential uses, specifically targeting:

 News reporting companies

 Real Estate

 Oil & Gas 

 Forestry Practices

 Photography

 Roof Inspections

 Agricultural

 Search and rescue

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

BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 3 and 3DR Solo

I seek an exemption to operate DJI and 3DR 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 1280 

gram, 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 are equipped with 

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

The 3D Robotics Solo is a vertical takeoff and landing (VTOL) Unmanned Aircraft 

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

systems. The 3DR Solo has a maximum gross weight of approximately 2200g, while 

having a length of 18 inches, width of 18 inches and height of 10 inches. Maximum speed 

is approximately 55mph.

The DJI Phantom 3 and the 3DR Solo UAs that will be operated by me will be 

registered in accordance with 49 U.S.C. 44103, Registration of Aircraft, as well as 14 
5

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, Alfredo J Cortes, 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 and the 3DR Solo 

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

requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 

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

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

with the unmanned aircraft and its operation, I will meet 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, I request 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. 

I submit that the requested relief is proper since an equivalent level of safety will be 

ensured. I will use my experience 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, DJI Phantom 3 and the 3DR Solo 

Instruction Manual). Furthermore, I will document and maintain all maintenance records 

for the DJI Phantom 3 and the 3DR Solo UASs. 

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

pilot privileges and limitations: Pilot in command, is requested by me to the extent 

necessary to allow a Pilot in Command (PIC) by meeting minimum flight- hour and 

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

3DR Solo UASs in a manner consistent with this exemption, including evasive and 

emergency maneuvers and maintaining appropriate distances from people, vessels, 

vehicles and structures. 

I seek relief from Section 91.7(a), entitled Civil aircraft airworthiness, because 

the DJI Phantom 3 and the 3DR Solo UASs do not require an airworthiness certificate in 

accordance with 14 C.F.R. Part 21, Subpart H. As such, I submit that I will ensure that the 

UASs 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, DJI Phantom 

3 and the 3DR Solo Instruction Manual), and that the aircraft are in a condition for safe 

flight. 

I also seek an exemption from the requirements of Section 91.121, entitled 

Altimeter Settings, as the DJI Phantom 3 and the 3DR Solo UAs will not have a typical 

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

3DR Solo UAs 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 

my operation of the DJI Phantom 3 and the 3DR Solo UASs within visual line of sight, at 

or below 400 feet AGL, will ensure a level of safety equivalent to Section 91.121. 
6

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

entitled Fuel requirements for flight in VFR conditions. I submit that safety will not be 

affected by operation of the DJI Phantom 3 and the 3DR Solo 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 approximately 15 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, CinemaCapture Videography 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:

Alfredo J Cortes

9012 Alexandra Circle

Wellington, FL. 33414

Tel: (239) 281-6778

Email: A.cortes@triauthority.com

B. The Specific Sections Of 14 C.F.R. from Which Alfredo J Cortes Seeks 

Exemption. 

1. I Seek 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. I Seek 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. I Seek Exemption From The Requirements Of Section 91.121. 
7

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. I Seek 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. I Seek 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. I Seek 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--
8

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

43.7 of this chapter[.] 

7. I Seek 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. I Seek Exemption From The Requirements Of Sections 91.417(a) 

And 91.417(b). 

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

following: 

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

registered owner or operator shall keep the following records for the periods 

specified in paragraph (b) of this section: 

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

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

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

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

include--

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

the work performed; and 

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

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

aircraft for return to service. 

(2) Records containing the following information: 

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

each rotor. 
9

(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 I Seek And The Reason I Seek The Relief. 

1. Extent Of Relief Alfredo J Cortes Seek And The Reason Alfredo J 

Cortes Seek 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 
10

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, I submit that an equivalent level of safety will be 

maintained because no PIC will be allowed to operate the DJI Phantom 3 and the 3DR 

Solo UAS except for me.

Further, I submit that all flights of the DJI Phantom 3 and the 3DR Solo UASs, conducted 

by the PIC pursuant to the grant of this Petition: (1) will be incidental to Alfredo J Cortes

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

2. Extent Of I Seek And The Reason I Seek Relief From Section 91.7(a). 

Relief from Section 91.7(a) entitled Civil aircraft airworthiness, is requested to 

the extent required to allow Alfredo J Cortes to determine that the DJI Phantom 3 and the 

3DR Solo UASs are in airworthy condition prior to every flight by ensuring that the UAS 

is in compliance with the operating documents (i.e., Operations Manual, Monthly

Maintenance Log, DJI Phantom 3 and the 3DR Solo Instruction Manual). 

I seek the requested relief because the DJI Phantom 3 and the 3DR Solo UASs do 

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

Therefore, I will ensure that the DJI Phantom 3 and the 3DR Solo UASs are in airworthy 

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

Maintenance Log, DJI Phantom 3 and the 3DR Solo 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 I Seek And The Reason I Seek 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 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), I seek the requested relief because the 

DJI Phantom 3 and the 3DR Solo 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 and the 3DR Solo UAs are equipped with a 
11

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 I Seek And The Reason I Seek 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 15 minutes to the first point of intended 

landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes. I 

seek the requested relief because without an exemption from Section 91.151(b), the flight 

time duration of the battery powered DJI Phantom 3 and the 3DR Solo UAs will severely 

constrain the practicality of any aerial video or still photo flight operations that I proposes 

to conduct pursuant to this Petition. 

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

and the 3DR Solo UASs, the DJI Phantom 3 and the 3DR Solo operating documents, and 

my proposed operating limitations, ensure that I will safely operate the battery powered 

DJI Phantom 3 and the 3DR Solo 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 I Seek And The Reason I Seek 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, I request relief from these Sections 

because the DJI Phantom 3 and the 3DR Solo UASs do not require airworthiness 

certificates. As set forth more fully below, the DJI Phantom 3 and the 3DR Solo UASs 

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

certificate. Accordingly I will perform maintenance, alterations, or preventive maintenance 

on the UASs using the methods, techniques, and practices prescribed in the UAS operating 

documents (i.e., the Operations Manual, Monthly Maintenance Log, and DJI Phantom 3

and the 3DR Solo Instruction Manual). Furthermore, I will document and maintain all 

maintenance records for the DJI Phantom 3 and the 3DR Solo UASs. 

D. The Reasons Why Granting Alfredo J. Cortes 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 Alfredo J 

Cortes to safely, efficiently, and economically perform aerial video and photography for 

forestry practices, special events, and landscape over certain areas of the United States.

Additionally, use of the DJI Phantom 3 and the 3DR Solo UASs will decrease 

congestion of the NAS, reduce pollution, and provide significant benefits to the economy. 
12

Notably, the benefits of my proposed operation of the DJI Phantom 3 and the 3DR Solo 

UASs will be realized without implicating any privacy issues.

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

The DJI Phantom 3 and the 3DR Solo UAs 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 and the 3DR Solo UAS 

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

well as increase the safety of life and property in the air and on the ground. 

Furthermore, by reducing the number of manned aircraft operating in the NAS, 

congestion around airports caused by arriving and departing aircraft will be reduced. The 

DJI Phantom 3 and the 3DR Solo UAs 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 3 and the 3DR Solo UASs. 

Conducting aerial acquisitions with the DJI Phantom 3 and the 3DR Solo 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 DJI Phantom 3 and the 

3DR Solo UASs 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 and the 3DR Solo UAs, 

while reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, 

as the UAs are propelled by battery powered electric motors, rather than an internal 

combustion engine. 

By using the DJI Phantom 3 and the 3DR Solo 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 DJI Phantom 3 and the 3DR Solo UAs 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). 
13

3. Performing Aerial Video and Photography Operations With The DJI 

Phantom 3 and the 3DR Solo UASs Will Benefit The Economy. 

In addition to being safe and efficient, the DJI Phantom 3 and the 3DR Solo UASs 

are also an economical alternative to using manned aircraft to conduct similar aerial 

operations. As such, operation of the DJI Phantom 3 and the 3DR Solo UASs will allow 

United States based companies, like mine, to remain competitive and contribute to growth 

of the U.S. economy. Specifically, with the rising cost of aviation fuel and the 

Environmental Protection Agency (“EPA”) regulatory actions phasing out leaded aviation 

fuels, U.S. owned and operated companies must adopt new and alternative technology in 

order to remain competitive. Operating the battery powered DJI Phantom 3 and the 3DR 

Solo UASs is one such technology that not only allows companies greater operational 

flexibility compared to manned aircraft, but provides such flexibility without the high 

operational cost of a traditional manned aircraft. 

By operating the DJI Phantom 3 and the 3DR Solo UASs, companies such as I, can 

remain competitive and profitable, and therefore, provide greater job stability to employees 

and contractors, which will ultimately contribute to growth of the U.S. economy. Improved 

financial performance of U.S. companies, through commercial use of the DJI Phantom 3

and the 3DR Solo UASs, provides a stable workforce that increases consumer spending; 

improves local, state, and federal tax revenues; and allows companies to invest in research 

and development in order to remain competitive both in the United States and abroad. 

4. There Are No Privacy Issues. 

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

decades, I proposed operation of the DJI Phantom 3 and the 3DR Solo UASs will not 

implicate any privacy issues. Specifically, the DJI Phantom 3 and the 3DR Solo UASs will 

be operated only in compliance with operating documents (i.e., the Operations Manual, 

Monthly Maintenance Log, and DJI Phantom 3 and the 3DR Solo 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 I Seek Exemption. 

1. Reasons Why The DJI Phantom 3 and the 3DR Solo 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, my operation of the DJI Phantom 3 and the 

3DR Solo 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. 
14

Section 333 provides authority for a UAS to operate without airworthiness 

certification and sets forth requirements for considering whether a UAS will create a 

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

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

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

not later than 180 days after the date of enactment of this Act, the 

Secretary of Transportation shall determine if certain unmanned aircraft 

systems may operate safely in the national airspace system before 

completion of the plan and rulemaking required by section 332 of this 

Act or the guidance required by section 334 of this Act. 

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

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

minimum--

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

their size, weight, speed, operational capability, proximity to 

airports and populated areas, and operation within visual line of 

sight do not create a hazard to users of the national airspace 

system or the public or pose a threat to national security; and

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

airworthiness certification under section 44704 of title 49, United 

States Code, is required for the operation of unmanned aircraft 

systems identified under paragraph (1). 

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

this section that certain unmanned aircraft systems may operate safely 

in the national airspace system, the Secretary shall establish 

requirements for the safe operation of such aircraft systems in the 

national airspace system. 

In seeking this exemption, I submit that the DJI Phantom 3 and the 3DR Solo UASs 

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

characteristics of the DJI Phantom 3 and the 3DR Solo UASs; (b) the pilot certification 

requirement; and (c) the specific operating limitations. 

a. The Specifications Of The DJI Phantom 3 and the 3DR Solo UASs 

Demonstrate Its Safe Characteristics.

The DJI Phantom 3 and the 3DR Solo 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. 
15

i. Technical Specifications Of The DJI Phantom 3 UASs. 

The technical specifications of the DJI Phantom 3 and the 3DR Solo UASs are set 

forth by the DJI Phantom 3 and the 3DR Solo Specifications and Data Sheet.

ii. The DJI Phantom 3 and the 3DR Solo UASs Autonomous Flight 

And Navigation Modes Enable The UASs To Remain Within A

Defined Operational Area. 

The DJI Phantom 3 and the 3DR Solo UASs 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 and the 3DR Solo UASs is provided on the respective User 

Manuals.

iii. The DJI Phantom 3 and the 3DR Solo 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 3 and the 3DR Solo UAs will 

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

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. 

A complete description of the Failsafe Functions of the DJI Phantom 3 and the 

3DR Solo UAS are set forth on the respective User Manuals.. 

a. Flights Of DJI Phantom 3 and the 3DR Solo UASs Will Be Conducted 

Pursuant To Specific Operating Limitations. 

In seeking this exemption, I propose to commercially operate DJI Phantom 3 and 

the 3DR Solo UASs for the purpose of conducting aerial video and photography over 

certain areas of United States, pursuant to the following specific operating limitations:

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

aircraft described in the operating documents, rotorcraft UASs weighing less 

than 55 pounds maximum gross weight: DJI Phantom 3 and the 3DR Solo 

Unmanned Aircraft Systems. Proposed operations of any other aircraft will 

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

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

for the purpose of aerial video and photography. 

3. The UAs may not be flown at an indicated airspeed exceeding 55 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. 
16

5. The UAs must be operated within visual line of sight (VLOS) of the PIC at all 

times. This requires the PIC to be able to use human vision unaided by any 

device other than corrective lenses, as specified on the PIC’s FAA-issued airman 

medical certificate. 

6. The use of first person view (FPV) by the PIC or safety observer (SO) is not 

permitted. 

7. All operations must utilize a safety observer (SO). The SO may be used to satisfy

the VLOS requirement as long as the PIC always maintains VLOS capability. 

The SO and PIC must be able to communicate verbally at all times. Electronic 

messaging or texting is not permitted during flight operations. The PIC must be 

designated before the flight and cannot transfer his or her designation for the 

duration of the flight. The PIC must ensure that the SO can perform the 

functions prescribed in the operating documents. 

8. The SO must not perform any other duties beyond assisting the PIC with seeing 

and avoiding other air traffic and other ground based obstacles/obstructions and 

is not permitted to operate the camera or other instruments. 

9. The operating documents and the grant of exemption must be accessible during 

UAS operations and made available to the Administrator upon request. If a 

discrepancy exists between the conditions and limitations contained in the grant 

of exemption and the procedures outlined in the operating documents, the 

conditions and limitations contained in the grant of exemption take precedence 

and must be followed. Otherwise, the operator must follow the procedures as 

outlined in its operating documents. The operator may update or revise its 

operating documents. It is the operator’s responsibility to track such revisions 

and present updated and revised documents to the Administrator upon request. 

The operator must also present updated and revised documents if it petitions for 

extension or amendment to the grant of exemption. If the operator determines 

that any update or revision would affect the basis upon which the FAA granted 

the exemption, then the operator must petition for amendment to its grant of 

exemption. The FAA’s UAS Integration Office (AFS-80) may be contacted if 

questions arise regarding updates or revisions to the operating documents. 

10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a 

condition for safe flight. If the inspection reveals a condition that affects the 

safe operation of the UAS, the aircraft is prohibited from operating until the 

necessary maintenance has been performed and the UAS is found to be in a 

condition for safe flight. The Ground Control Station must be included in the 

preflight inspection. All maintenance and alterations must be properly 

documented in the aircraft records.

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

operation or flight characteristics, e.g. replacement of a flight critical 
17

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 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 
18

agreement with that airport’s management is obtained, and the operation is 

conducted in accordance with a NOTAM as required by the operator’s COA.

The letter of agreement with the airport management must be made available to 

the Administrator upon request. 

21. The UA may not be operated less than 400 feet below or less than 2,000 feet 

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

PIC. 

22. If the UA loses communications or loses its GPS signal, it must return to a 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- Number) markings in accordance with 14 C.F.R. part 45, 

Subpart C. Markings must be as large as practicable. 

27. Before conducting operations, the radio frequency spectrum used for operation 

and control of the UA must comply with the Federal Communications 

Commission (FCC) or other appropriate government oversight agency

requirements. 

28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be 

available to the PIC at the Ground Control Station of the UAS any time the 

UAS is operating. These documents must be made available to the 

Administrator or any law enforcement official upon request. 

29. The UA must remain clear and yield the right of way to all manned aviation 

operations and activities at all times. 

30. The UAS may not be operated by the PIC from any moving device or vehicle.
19

31. Flight operations must be conducted at least 500 feet from all nonparticipating 

persons (persons other than the PIC, SO, operator trainees or essential persons), 

vessels, vehicles, and structures unless: 

a. Barriers or structures are present that sufficiently protect nonparticipating 

persons from the UA and/or debris in the event of an accident. The 

operator must ensure that nonparticipating persons remain under such 

protection. If a situation arises where nonparticipating persons leave such 

protection and are within 500 feet of the UA, flight operations must cease 

immediately and/or; 

b. The aircraft is operated near vessels, vehicles or structures where the 

owner/controller of such vessels, vehicles or structures has granted 

permission and the PIC has made a safety assessment of the risk of 

operating closer to those objects and determined that it does not present 

an undue hazard, and; 

c. Operations nearer to the PIC, SO, operator trainees or essential persons 

do not present an undue hazard to those persons per § 91.119(a). 

32. All operations shall be conducted over private or controlled-access property

with permission from the land owner/controller or authorized representative. 

Permission from land owner/controller or authorized representative will be 

obtained for each flight to be conducted.

33. Any incident, accident, or flight operation that transgresses the lateral or 

vertical boundaries of the operational area as defined by the applicable COA 

must be reported to the FAA's UAS Integration Office (AFS-80) within 24 

hours. Accidents must be reported to the National Transportation Safety Board 

(NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov. 

2. Reasons Why An Exemption From The Requirements Of Section 

61.113(a) And (b) Would Not Adversely Affect Safety.

I submit 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 UASs 

except Alfredo J Cortes and that PIC has demonstrated, by meeting minimum flight-hour 

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

3DR Solo UAS in a manner consistent with the exemption, including evasive and 

emergency maneuvers and maintaining appropriate distances from people, vessels, 

vehicles and structures. 

Considering my proposed area of operations, and the operating limitations set 

forth-above; the parallel nature of private pilot aeronautical knowledge requirements to 

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

skills necessary to safely operate the DJI Phantom 3 and the 3DR Solo UAS, I submit that 

the additional manned airmanship experience of a commercially certificated pilot would 

not correlate to the airmanship skills necessary for my specific proposed flight operations. 
20

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). 

I will not allow any PIC to operate the DJI Phantom 3 and the 3DR Solo UAS 

except me and that PIC has demonstrated, by meeting minimum flight-hour requirements 

or the DJI Phantom 3 and the 3DR Solo UAS training and currency requirements, that the 

PIC is able to safely operate the DJI Phantom 3 and the 3DR Solo 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 my proposed operations. The Administrator has held that 

prior documented flight experience that was obtained in compliance with applicable 

regulations would ensure safe operations, stating as follows: 

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

the purpose of motion picture filming (or similar operations), the PIC must have 

accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of 

total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS 

pilot with a multi-rotor UAS. Prior to operations under Exemption No. 11062, the 

PIC must also have accumulated and logged a minimum of 5 hours as a UAS pilot 

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

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

to be inclusive rather than additive; i.e. 5 hours make and model time may be 

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

the total 25 hours of UAS rotorcraft time. In addition to the hour requirements, the 

PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for 

currency purposes). The FAA finds that at a minimum, the flight-hour requirements 

in Exemption No. 11062 are appropriate to practice and build proficiency in the 

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

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

with applicable regulations would satisfy this requirement. Training, proficiency, 

and experience-building flights can also be conducted under the grant of exemption 

to accomplish the required flight time. During training, proficiency, and 

experience-building flights the PIC is required to operate the UA with appropriate 

distances in accordance with 14 C.F.R 91.119. 

Exemption No. 11138 at page 15. 

Accordingly, I will ensure safe operations by not allowing any PIC to operate the 

DJI Phantom 3 and the 3DR Solo UAS unless that PIC has demonstrated, by meeting 

minimum flight-hour and currency requirements, that the PIC is able to safely operate the 
21

DJI Phantom 3 UAS in a manner consistent with the exemption, including evasive and 

emergency maneuvers and maintaining appropriate distances from people, vessels, 

vehicles and structures. 

3. Reasons Why An Exemption From The Requirements Of Section 

91.7(a) Would Not Adversely Affect Safety. 

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

because prior to every flight, I will ensure that the DJI Phantom 3 and the 3DR Solo UAS 

is in an airworthy condition based upon the UAS’s compliance with its operating 

documents and as stated in the conditions and limitations herein. 

Additionally, the FAA has previously granted relief from Section 91.7(a) specific 

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

Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 

11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). 

4. Reasons Why An Exemption From The Requirements Of Section 

91.121 Would Not Adversely Affect Safety.

The equivalent level of safety established by Section 91.121 will be maintained 

because the altitude information of the DJI Phantom 3 and the 3DR Solo 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 my operation of the DJI Phantom 3 and 

the 3DR Solo UAs within visual line of sight, at or below 400 feet AGL, will ensure a 

level of safety equivalent to Section 91.121. The altitude information will be generated by 

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

point is automatically established by the UASs at ground level. 

The FAA has previously granted relief from Section 91.121 specific to UAS, in 

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

Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 

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

5. Reasons Why An Exemption From The Requirements Of Section 

91.151(b) Would Not Adversely Affect Safety.

A grant of this exemption would ensure an equivalent level of safety established by

14 C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the DJI 

Phantom 3 and the 3DR Solo UASs; (2) the limitations on the proposed flight operations; 

and (3) the location of the proposed flight operations. Accordingly, I will ensure that it will 

safely operate the battery powered DJI Phantom 3 and the 3DR Solo UAs during daylight 

hours in VFR conditions, with enough battery power to fly for a total duration of 15

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

and the 3DR Solo UASs; the limitations on the proposed flight operations; and the location 
22

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 and 

the 3DR Solo UASs 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 Phantom3 and the 3DR Solo UASs will descend and 

land automatically. 

Significantly, previous exemptions granted by the FAA concerning Section 91.151 

establish that safety is not adversely affected when the technical characteristics and 

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

aircraft to operate at less than the minimums prescribed in Section 91.151, including 

Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted relief 

from Section 91.151 specific to UAS, in circumstances similar, in all material respects, to 

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

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

11157, 11158, 11159, 11160, 11161). 

6. Reasons Why An Exemption From The Requirements Of Sections

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) 

Would Not Adversely Affect Safety. 

In seeking this exemption, I submit 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 

CinemaCapture Videography will use trained technicians to perform maintenance, 

alterations, or preventive maintenance on the UASs using the methods, techniques, and 

practices prescribed in the operating documents (i.e., the Operations Manual, Monthly

Maintenance Log, and DJI Phantom 3 and the 3DR Solo Instruction Manual). Furthermore, 

I will document and maintain all maintenance records for the DJI Phantom 3 and the 3DR 

Solo UASs. 

Likewise, the exemption sought will not adversely affect safety because I will use 

my experience 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 and the 3DR Solo UASs will be performed by me. 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 my proposed operating limitations, the operating documents, 

and the technical aspects of the DJI Phantom 3 and the 3DR Solo UASs, I submit that 

safety will not be adversely affected by granting exemption from 14 C.F.R. Sections 

91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has 

previously granted relief specific to UAS in circumstances similar, in all material respects, 

to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 
23

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, I request that the FAA 

prescribe special conditions for the intended operation of the DJI Phantom 3 and the 3DR 

Solo 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 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 and the 3DR Solo 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 Leading Edge’s intended operation of the DJI 

Phantom 3 and the 3DR Solo 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 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).
24

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

Rules From Which Alfredo J Cortes Seeks Exemption: 

Alfredo J COrtes 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 Alfredo J Cortes

Seeks: 

This exemption will permit Alfredo J Cortes 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 

Alfredo J Cortes 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, Alfredo J Cortes'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, Alfredo J Cortes will operate the DJI Phantom 3 and 

the 3DR Solo 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, Alfredo j Cortes seeks an exemption pursuant to 14 C.F.R. § 

11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), 

which will permit safe operation of the DJI Phantom 3 and the 3DR Solo UASs 

commercially, without an airworthiness certificate, for the limited purpose of conducting 

aerial video and photography over certain areas of the United States. By granting this 

Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA 

Modernization and Reform Act of 2012, while also advancing the interests of the public, 

by allowing Key to safely, efficiently, and economically operate the DJI Phantom 3 UASs 

commercially within the NAS. 

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

Modernization and Reform Act of 2012, Section 333, Alfredo J Cortes 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 Leading Edge to operate the DJI 

Phantom 3 and the 3DR Solo UASs commercially for the purpose of conducting aerial 
25

video and photography over certain areas of the United States.

Dated: December 17, 2015

Respectfully submitted,

Alfredo J Cortes

_________________________

Alfredo J Cortes

 9012 Alexandra Circle,

 Wellington, FL. 33414

Tel: (239)281-6778
26

Appendices:

A – DJI Phantom 3 Specifications Data Sheet

B - 3D Robotics Solo Specifications Data Sheet

C – Monthly Maintenance Log

APPENDIX – A

DJI PHANTOM 3 TECHNICAL SPECIFICATIONS

I only utilizes safe and reliable UASs. DJI and 3D Robotics are the industry leaders in 

small UAS production. DJI and 3DR 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 and 3DR

software provides real-time altitude and location information to the PIC via the linked 

monitor (smart phone/tablet devices)

Phantom 3

Purchased from DJI.com

Phantom 3 Specs.

Weight (Including Battery And

Propellers)

1280 g

Diagonal Size (Including Propellers)

590 mm

Max Ascent Speed

5 m/s

Max Descent Speed

3 m/s

Hover Accuracy

Vertical: +/- 10cm

Horizontal: +/- 1m

Max Speed

16 m/s (ATTI mode, no wind)

Max Altitude Above Sea Level

6000 m

Operating Temperature

0°C to 40°C

GPS Mode

GPS/GLONASS

Camera
27

Sensor

Sony EXMOR 1/2.3” Effective pixels: 12.4 M (total pixels: 12.76 M)

Lens

FOV 94° 20 mm (35 mm format equivalent) f/2.8, focus at ∞

ISO Range

100-3200 (video) 100-1600 (photo)

Shutter Speed

8s -1/8000s

Image Max Size

4000 x 3000

Still Photography Modes

Single Shot

Burst Shooting: 3/5/7 shots

Auto Exposure Bracketing (AEB): 3/5

Bracketed Frames at 0.7EV Bias

Time-lapse

Video Recording Modes

Phantom 3 Professional

UHD: 4096x2160p 24/25, 3840x2160p 24/25/30

FHD: 1920x1080p 24/25/30/48/50/60

HD: 1280x720p 24/25/30/48/50/60

Phantom 3 Advanced

FHD: 1920x1080p 24/25/30/48/50/60

HD: 1280x720p 24/25/30/48/50/60

Supported SD Card Types

Micro SD

Max capacity: 64 GB. Class 10 or UHS-1 rating required

Max Bitrate Of Video Storage

60 Mbps

Supported File Formats

FAT32/exFAT

Photo: JPEG, DNG

Video: MP4, MOV (MPEG-4 AVC/H.264)

Operating Temperature

0°C to 40°C

Gimbal

Controllable Range

Pitch -90° to +30°

Stabilization

3-axis (pitch, roll, yaw)

Vision Positioning

Max Velocity

Less than 8 m/s (when 2 m above ground)

Altitude Range

30 cm-300 cm

Operating Range
28

30 cm-300 cm

Operating Environment

Surface with clear pattern and adequate lighting (Lux > 15)

Remote Controller

Operating Frequency

2.400 GHz-2.483 GHz

Max Distance

2000m (outdoors and unobstructed)

Video Output Port

USB

Operating Temperature1.1 

Phantom 3 Pre-Flight Inspection Check List

Pre-Flight Check List

 Visual inspection for defects

 Batteries fully charged and checked - Transmitter, UAS, iPad, iPhone, 

approved/compatible device

 Props tightened and locked

 SD card in camera

 Lens cap removed (As necessary)

 Antennae up and parallel

 Transmitter turned on (press once, release, then press and hold for 3 seconds)

 Ensure Transmitter is in P Mode

 UAS turned on (press once, release, then press and hold for 3 seconds)

 Flick the transformation switch on transmitter up and down 4 times quickly to 

convert from travel mode to flight mode or use the app

 DJI Pilot app quit and restarted, no other running apps on iPad

 Tap bar at top of app (Safe to Fly GPS) for full status

 Maps are cached (move the map around, zoom in an out)

 Minimum return height adjusted (check for tallest object and set accordingly)

 UAS placed in safe launch and recover position

 Home point reprogrammed via app

 Area clear of people / obstructions

Flight Check List

 Hover close for 20 seconds. Look / Listen for defects

 Confirm expected stick operation

 Monitor battery power
29

 Monitor signal strength

 Keep line-of-sight with UAS 

o Ensure area/zone of intended flight path is clear of other aerial traffic.

o Ensure area/zone of intended flight path is clear of any electrical/power lines

o Ensure atmospheric conditions are optimal for safe operation of UAV/UAS

Select a safe zone to “ditch” the UAV/UAS in the event an emergency landing is required
30
31

 Appendix B

3D Robotics Solo Specifications;

Cameras: Compatible with GoPro® HERO3, 3+ and 4; optimized for HERO3+ and 4

Streaming video quality: 720p

Flight time: 25 minutes; 20 minutes with payload*

Range: .5 miles** (.8 km)

Max speed: 55 mph (89 km/h)

Max ascent speed: 10 m/s in stabilize mode; 5 m/s in “fly” mode

Max descent speed: ditto

Max payload: 420 g

Max altitude: 400 ft per FAA regulation, user adjustable (122 m)

Motors: 880 kV

Propellers: 10′′ diameter 4.5′′ pitch self-tightening (24 cm diameter 144 cm pitch); glass-reinforced nylon

Autopilot: Pixhawk 2

Software: APM:Copter

Communication: 3DR Link secure WiFi network

Frequency: 2.4 GHz

Weight: 3.3 lbs. (1.5 kg) / 3.9 lbs. (1.8 kg) with GoPro® and Solo Gimbal

Dimensions: 10 in. tall (25 cm), 18 in. (46 cm) motor-to-motor

Flight battery: Lithium polymer 5200 mAh 14.8 Vdc

Battery charge time: ~1.5 hours

Controller battery: 2600 mAh 7.2 Vdc rechargeable lithium ion

App requirements: iOS 8.0 or later / Android 4.3 or later
32

*Flight time varies with payload, wind conditions, elevation, temperature, humidity, flying style and pilot 

skill. Listed flight time applies to elevations less than 2,000 ft above sea level.

**Depending on environmental conditions; controller is expandable, allowing us or third parties to amp up 

the range in the future.

Solo Smart Battery:

Rechargeable lithium polymer (Li-Po)

5200 mAh

14.8 Vdc

Weight: 1 lb. (.5 kg)

Solo Gimbal:

Three-axis stabilization

Fully compatible with 3DR Solo and GoPro HERO3+ and HERO4; camera charging and stabilization only with HERO3

HDMI video output

Wireless software upgrade through Solo

Controllable range: 0° to -90° pitch

3 DR Solo Pre Flight Checklist

Solo

Preflight Checklist

Use this checklist as a guide to prepare Solo for flight. Since it is easier to troubleshoot issues at home as 

opposed to out in the field, we recommend performing a handful of checks at home first.

If you have an equipment concern and can’t find the solution you are looking for in the Solo Knowledge 

Base, contact support here before flying.
33

Before leaving home, check...

1

Battery charges

Check that the flight battery, controller battery, and your mobile device are charged up and ready to 

go. If you plan on using your GoPro®, make sure its battery is fully charged as well.

2

Flight equipment

Check for damaged or loose components.

Inspect each propeller carefully for damage. Discard and replace any bent or chipped propellers.

3

Filming and streaming equipment

If you plan on using your GoPro® with Solo, attach your GoPro® andestablish a live feed through 

the Solo App to make sure everything is communicating properly. Now is also a good time to make 

sure your Micro SD card has enough available storage to record your upcoming flight.

GoPro® and Micro SD Card — Optional for flight
34

4

Packing up

Now that you have made sure everything is in good working order, pack all your items carefully in 

your Solo carrying case. Make sure each item is snug and secure—it would be a shame to make it to 

the field to find something has broken during transportation.

In the field, check your flying location for...

1

People

Whether you are a veteran pilot or new to flying, never fly around people! Unforeseen flight hazards can 

occur at any time and you are ultimately responsible for the safety of yourself and others.

2

Inclement weather

Solo is not designed for harsh weather conditions. If it is windy, snowing, raining etc. pack up and wait for 

calmer skies.

3

Surrounding airports
35

Stay at least five miles away from surrounding airports.

4

Interfering Wi-Fi networks

Stay clear of crowded Wi-Fi environments. If you are in an area with many different Wi-Fi networks, your 

connection to Solo will not be as reliable. Also, tall objects such as telephone poles and cell towers cause 

Wi-Fi interference, so make sure that you are clear of these as well.

Setting up to fly, final checks...

1

Propellers

Check that the propellers are correctly attached and spin smoothly without obstruction when turned. 

Once again, check the propellers to be sure they are not bent or chipped as damage can occur during 

travel.

2

Antenna configuration

Angle the antennas down and away from the controller so they are approximately perpendicular 

with Solo in flight. Tilt each antenna out and away from one another at a 20° angle.
36

3

GoPro® configuration (optional)

Before attaching your GoPro® to Solo, make sure to insert your Micro SD card and check that 

you’ve applied the recommended GoPro® settings. Once you’ve attached the camera,establish a live 

feed make sure the Solo App is registering the GoPro® feed.

Double-check that your GoPro®’s Wi-Fi is disabled before taking flight. Failure to do so can lead to 

unexpected behavior.

4

Level takeoff surface

For a smooth takeoff, Solo requires a flat and solid launch surface.

5

Safe takeoff/landing area

Make sure Solo has 20 ft of space in each direction to take off from and land on. Depending on the 

GPS strength at your location, Solo’s Return Home feature might require a little extra room.

6

Return Home accuracy
37

Since GPS strength can vary from location to location, the exact landing point of a Return Home 

call can differ slightly from the original launch point. Just so you know where exactly where Solo 

will land in the future, take off with Solo, fly out a small distance, and test the Return Home feature 

to see where Solo has pinpointed to land.

Give your surroundings one last check!

A good amount of time has probably gone by since beginning your preflight checks, leaving time for people 

to have wandered into your flying area while you were busy making your way down the list. Give your 

surroundings one more good look for any potential flying hazards and just remember to use common sense 

for safe flying.

Fly on!

1.6 Propulsion Solo uses four brushless 880 Kv motors and four self-tightening propellers for propulsion. For 

control and aerodynamic efficiency, two motors spin clockwise and two motors spin counterclockwise. 

Navigation in the air is achieved by mixing propulsion of the four motors to actuate flight control along the 

roll, pitch, and yaw axes. Each of the four motors is numbered by the marking on the arm. These numbers 

correspond to the autopilot calculations for these commands and are used for indicating motor replacement 

procedures. Each motor is controlled by an ESC (Electronic Speed Controller) that regulates the rotation of 

the motors to achieve the speed commanded by the autopilot. Figure 1.6.1: So 03 01 02 04 lo Motor Order 

1.7 LED Meanings Solo’s four LEDs indicate its status during startup and in flight. • Solid white (front) and 

red (back): Ready to fly, standard flight configuration • Pulsing white (front) and red (back): Solo is flying 

under autopilot control • Flashing red alternating front and back: Controller signal lost • Flashing rainbow: 

Update in progress • Solid green, then turning off one-by-one: Startup successful • Solid green without 

turning off automatically: Startup unsuccessful, please restart Solo
38

APPENDIX – C

month:_________(year:________

UAS$#:$___________

Date(Issue(

Discovered

Date(Issue(

Addressed

Software(Updates

Airframe(

Engines

Propellers

Camera(Gimbal

Landing(Gear

Vibration(Dampening

Other:

MONTHLY$MAINTENANCE$LOG

Issue(Description(&(Maintenance(Conducted

Maintenance(Performed(By:(((

Print(&(Sign