07/06/2015

Richard DePaso

Manager: Aardvark Video & Media Productions, LLC

17 Winding Rd

Henderson, NV 89052

Office: (702) 897-4477

Mobile: (702) 501-1244

Email: creators@computer.net

Alternate: aardvarkvideo@gmail.com

Request for FAA Section 333 Exemption

SUMMARY

Aardvark Video & Media Productions, LLC seeks exemption from the 

requirements of 14 C.F.R ; 61.113(a) & (b), 91.7(a), 91.119(c), 91.121, 91.151(b), 

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), to operate an 

Unmanned Aircraft System (UAS) pursuant to Section 333 of the FAA Modernization 

and Reform Act of 2012 (FMRA). This exemption will permit Aardvark Video & Media 

Productions, LLC to operate an Unmanned Aircraft System (UAS) for the purposes of 

aerial photography, cinematography, videography, and other flight operations that could 

be performed safely and more cost effectively with the use of small UAS at low altitude

within the U.S. national airspace system as compared to a manned aircraft. Operations 

will be performed only at the request of and with the authorization and permission of 

clients or their authorized agents in order to facilitate commerce and raise awareness of 

the beneficial uses of small unmanned air systems. So long as such operations are 

conducted within and under the conditions outlined herein or as may be established by 

the FAA as required by Section 333. 
INTRODUCTION TO AARDVARK VIDEO & MEDIA PRODUCTIONS, LLC

Aardvark Video & Media Productions, LLC is a full service production company 

with over 28 years experience in the industry. Aardvark Video & Media Productions, 

LLC is recognized as an expert in trade show video, corporate video and training video 

production. Aardvark Video has been building expertise in aerial video and photography 

since 2013. The objective of Aardvark Video & Media Productions, LLC aerial video and 

photography operations is to provide high quality imaging for a variety of commercial 

uses more specifically targeting: 

• Video capture for client’s marketing purposes.

• Video capture for industrial or training videos.

• Video and photo for real estate clientele.

BACKGROUND

Unmanned Aircraft Systems owned: DJI Phantom 2; DJI Phantom 3 (From here on 

both DJI Phantom 2 and DJI Phantom 3 will be referred to as “DJI Phantom series”)

Aardvark Video & Media Productions, LLC seeks an exemption to operate DJI

Phantom series systems for compensation or hire within the National Airspace System

(NAS). The DJI Phantom series are vertical takeoff and landing (VTOL) Unmanned 

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

phone systems. 

UAS SPECIFICATIONS

DJI Phantom 2

Weight (Battery & Propellers Included)

1000g

Hover Accuracy (Ready To Fly)

Vertical: 0.8m;

Horizontal: 2.5m
Max Yaw Angular Velocity

200°/s

Max Tilt Angle

35°

Max Ascent / Descent Speed

Ascent: 6m/s; Descent: 2m/s

Max Flight Speed

15m/s(Not Recommended)

Diagonal Length

350mm

Flight Time

25mins

Take-Off Weight

≤1300g

Operating Temperature

-10°C ~ 50°C

Supported Battery

DJI Smart Battery

DJI Phantom 3

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: +/- 0.1 m (when Vision Positioning is active) or +/- 0.5 m

• Horizontal: +/- 1.5 m

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

The DJI Phantom series UAs that will be operated by Aardvark Video & Media 

Productions, LLC will be registered in accordance with 49 U.S.C. 44103, Registration of 
Aircraft, as well as 14 C.F.R Part 47, Aircraft Registration, and marked in accordance 

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

BASIS FOR PETITION

Petitioner, Aardvark Video & Media Productions, LLC, pursuant to the provisions 

of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and

Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft 

Systems, hereby petitions to commercially operate the DJI Phantom series 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).

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

with the unmanned aircraft and its operation, Aardvark Video & Media Productions, LLC 

operation of DJI Phantom series 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, Aardvark Video & Media Productions, LLC requests relief from 

Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these 

sections set forth requirements for maintenance that only apply to aircraft with an 

airworthiness certificate.

Aardvark Video & Media Productions, LLC submits that the requested relief is 

proper since an equivalent level of safety will always be ensured. Aardvark Video & 

Media Productions, LLC will use experienced personnel or technicians to perform 
maintenance, alterations, or preventive maintenance on the UAS using the methods, 

techniques, and practices prescribed in the operating documents (i.e., DJI Phantom series 

Instruction Manuals). 

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

pilot privileges and limitations: Pilot in command, is requested by Aardvark Video & 

Media Productions, LLC 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 series in a manner consistent with 

this exemption, including evasive and emergency maneuvers and maintaining appropriate

distances from people, vessels, vehicles and structures.

Aardvark Video & Media Productions, LLC seeks relief from Section 91.7(a), 

entitled Civil Aircraft Airworthiness, because the DJI Phantom series UAS do not require 

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

Aardvark Video & Media Productions, LLC submits that he will ensure that the DJI 

Phantom series UAS are in an airworthy condition, prior to every flight, by determining 

that the UAS are in compliance with the operating documents and that the aircraft are in a 

condition for safe flight.

Aardvark Video & Media Productions, LLC also seeks an exemption from the 

requirements of Section 91.121, entitled Altimeter Settings, as the DJI Phantom series

UAs will not have a typical barometric altimeter onboard. However, altitude information 

of the DJI Phantom series 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 Aardvark Video & Media Productions, LLC operation of the DJI 

Phantom Series UAS within visual line of sight, at or below 500 feet above ground level, 

will ensure a level of safety equivalent to Section 91.121.

Additionally, Aardvark Video & Media Productions, LLC seeks an exemption 

from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR 

conditions. Aardvark Video & Media Productions, LLC submits that safety will not be 

affected by operation of the DJI Phantom series 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 13.5 minutes to the first point of 

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

minutes.

In accordance with 14 C.F.R. § 11.81, Aardvark Video & Media Productions, 

LLC provides the following information in support of its petition for exemption: 

A. Name And Address Of The Petitioner. 

The name and address of the Petitioner and point of contact is: 

Aardvark Video & Media Productions, LLC 

Richard DePaso, Manager

17 Winding Rd

Henderson, NV 89052

Office: 702-897-4477

Cell: 702-501-1244

B. The Specific Sections Of 14 C.F.R. from which Aardvark Video & Media 

Productions, LLC Seeks Exemption. 

1. Aardvark Video & Media Productions, LLC Seeks Exemption From The 

Requirements Of Section 61.113(a) and (b). 
Section 61.113, entitled Private pilot privileges and limitations: Pilot in command, 

subsections (a) and (b) prescribe the following, in relevant part: 

(a) No person who holds a private pilot certificate may act as a pilot in command 

(PIC) of an aircraft that is carrying passengers or property for compensation or 

hire; nor may that person, for compensation or hire, act as PIC of an aircraft. 

(b) A private pilot may, for compensation or hire, act as PIC of an aircraft in 

connection with any business or employment if—

(1) The flight is only incidental to that business or employment; and 

(2) The aircraft does not carry passengers or property for compensation or 

hire.

2. Aardvark Video & Media Productions, LLC Seeks Exemption from the 

Requirements of Section 91.7(a).

Section 91.7, entitled Civil aircraft airworthiness, subsection (a), states the 

following:

(a) No person may operate a civil aircraft unless it is in an airworthy 

condition.

3. Aardvark Video & Media Productions, LLC Seeks Exemption from the 

Requirements of Section 91.121.

Section 91.121, entitled Altimeter settings, subsection (a), states the following, in 

part:

(a) Each person operating an aircraft shall maintain the cruising altitude or flight 

level of that aircraft, as the case may be, by reference to an altimeter that is 

set, when operating—

(1) Below 18,000 feet MSL, to—

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

route and within 100 nautical miles of the aircraft;

(ii) If there is no station within the area prescribed in paragraph 

(a)(1)(i) of this section, the current reported altimeter setting of 

an appropriate available station; or

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

elevation of the departure airport or an appropriate altimeter 

setting available before departure.
4. Aardvark Video & Media Productions, LLC Seeks Exemption From The 

Requirements Of Section 91.151(b).

Section 91.151, entitled Fuel requirements for flight in VFR conditions, 

subsection

(b), states the following:

(b) No person may begin a flight in a rotorcraft under VFR conditions unless

(considering wind and forecast weather conditions) there is enough fuel to fly

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

fly after that for at least 20 minutes.

5. Aardvark Video & Media Productions, LLC Seeks Exemption From The 

Requirement Of Section 91.405(a).

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

following:

Each owner or operator of an aircraft-

(a) Shall have that aircraft inspected as prescribed in subpart E of this part and 

shall between required inspections, except as provided in paragraph (c) of this 

section, have discrepancies repaired as prescribed in part 43 of this chapter

6. Aardvark Video & Media Productions, LLC Seeks Exemption From The 

Requirements Of Section 91.407(a)(1)

Section 91.407, entitled Operation after maintenance, preventive maintenance,

rebuilding, or alteration, subsection (a)(1), states the following:

(a) No person may operate any aircraft that has undergone maintenance, 

preventive maintenance, rebuilding, or alteration unless—

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

§ 43.7 of this chapter[.]

7. Aardvark Video & Media Productions, LLC Seeks Exemption From The 

Requirements Of Sections 91.409(a)(1) And 91.409(a)(2).

Section 91.409, entitled Inspections, subsection (a), states the following:

(a) Except as provided in paragraph (c) of this section, no person may operate an 

aircraft unless, within the preceding 12 calendar months, it has had –
(1) An annual inspection in accordance with part 43 of this chapter and has

been approved for return to service by a person authorized by § 43.7 of this

chapter; or

(2) An inspection for the issuance of an airworthiness certificate in accordance

with part 21 of this chapter.

8. Aardvark Video & Media Productions, LLC Seeks Exemption From The 

Requirements Of Sections 91.417(a) And 91.417(b).

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

following:

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

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

specified in paragraph (b) of this section:

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

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

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

engine, propeller, rotor, and appliance of an aircraft.

The records must include—

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

the work performed; and

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

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

aircraft for return to service.

 (2) Records containing the following information: 

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

propeller, and each rotor.

(ii) The current status of life-limited parts of each airframe, engine,

propeller, rotor, and appliance.

(iii) The time since last overhaul of all items installed on the aircraft 

which are required to be overhauled on a specified time basis.

(iv) The current inspection status of the aircraft, including the time 

since the last inspection required by the inspection program under 

which the aircraft and its appliances are maintained.
(v) The current status of applicable airworthiness directives (AD) and 

safety directives including, for each, the method of compliance, the 

AD or safety directive number and revision date. If the AD or 

safety directive involves recurring action, the time and date when 

the next action is required.

(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each

major alteration to the airframe and currently installed engines, 

rotors, propellers, and appliances.

(b) The owner or operator shall retain the following records for the periods 

prescribed:

(1) The records specified in paragraph (a)(1) of this section shall be retained 

until the work is repeated or superseded by other work or for 1 year after 

the work is performed.

(2) The records specified in paragraph (a)(2) of this section shall be retained

and transferred with the aircraft at the time the aircraft is sold.

(3) A list of defects furnished to a registered owner or operator under § 43.11 

of this chapter shall be retained until the defects are repaired and the 

aircraft is approved for return to service.

C. The Extent of Relief Aardvark Video & Media Productions, LLC Seeks and 

the Reason Aardvark Video & Media Productions, LLC Seeks The Relief

1. Extent of Relief Aardvark Video & Media Productions, LLC 

Seeks and the Reason Aardvark Video & Media Productions, LLC 

Seeks Relief from Section 61.113(a) and (b).

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

limitations: Pilot in command, is requested to the extent necessary to allow a PIC holding 

a 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, Aardvark Video & Media Productions, LLC 

submits that an equivalent level of safety will be maintained because no PIC will be 

allowed to operate the DJI Phantom 3/DJI Phantom 2 UAS unless that PIC has met 

certain flight-hour and currency requirements, demonstrating that the PIC is able to safely 

operate either the DJI Phantom series UAS in a manner consistent with the operations 

specifications as described in this exemption, including evasive and emergency 

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

and structures.

Further, Aardvark Video & Media Productions, LLC submits that all flights of the 

DJI Phantom series UAS, conducted by the PIC pursuant to the grant of this Petition: (1) 

will be incidental to Aardvark Video & Media Productions, LLC business; and (2) will 

not carry passengers or property for compensation or hire.

2. Extent of Relief Aardvark Video & Media Productions, LLC 

Seeks and the Reason Aardvark Video & Media Productions, LLC 

Seeks Relief from Section 91.7(a).

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

the extent required to allow to Aardvark Video & Media Productions, LLC to determine 

that the DJI Phantom series UAS are in airworthy condition prior to every flight by 

ensuring that the UAS is in compliance with the operating documents.

Aardvark Video & Media Productions, LLC seeks the requested relief because the 

DJI Phantom series UAS do not require an airworthiness certificate in accordance with 

14 C.F.R. Part 21, Subpart H. Therefore, to Aardvark Video & Media Productions, LLC 
will ensure that the DJI Phantom series UAS are in airworthy condition based upon its 

compliance with the operating documents 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 Aardvark Video & Media Productions, LLC 

Seeks and the Reason Aardvark Video & Media Productions, LLC 

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 series 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 pilot in command (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), 

Aardvark Video & Media Productions, LLC seeks the requested relief because the DJI 

Phantom series UA’s altimeter may be set on the ground to zero feet above ground level 

(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 series 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 pilot with altitude 

information of the UA on the heads-up display of the ground control station (GCS).
4. Extent of Relief Aardvark Video & Media Productions, LLC 

Seeks and the Reason Aardvark Video & Media Productions, LLC 

Seeks Relief from Section 91.151(b).

Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR 

conditions, is requested to the extent required to allow flights of the battery powered DJI 

Phantom series UAs during daylight hours in visual meteorological conditions (VMC), 

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

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

minutes. Aardvark Video & Media Productions, LLC seeks the requested relief because 

without an exemption from Section 91.151(b), the flight time duration of the battery 

powered DJI Phantom series UAs will severely constrain the practicality of any aerial 

video or still photo flight operations that Aardvark Video & Media Productions, LLC 

proposes to conduct pursuant to this Petition.

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

series UAS, the DJI Phantom series operating documents, and Aardvark Video & Media

Productions, LLC proposed operating limitations, ensure that Aardvark Video & Media

Productions, LLC will safely operate the battery powered DJI Phantom series 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 Aardvark Video & Media Productions, LLC Seeks and 

the Reason Aardvark Video & Media Productions, LLC 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, Aardvark Video & Media

Productions, LLC requests relief from these Sections because the DJI Phantom series

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

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

airworthiness certificate. Accordingly, Aardvark Video & Media Productions, LLC will 

use trained technicians to perform maintenance, alterations, or preventive maintenance on 

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

documents. Furthermore, Aardvark Video & Media Productions, LLC will document and 

maintain all maintenance records for the DJI Phantom series UAS.

D.The Reasons Why Granting Aardvark Video & Media Productions, LLC Request 

Would Be In The Public Interest; That Is, How It Would Benefit The Public As A 

Whole.

Granting the present Petition will further the public interest by allowing Aardvark 

Video & Media Productions, LLC to safely, efficiently, and economically perform aerial 

video and photography over certain areas of the United States.

Additionally, use of the DJI Phantom series UAS will decrease congestion of the 

National Airspace System (NAS), reduce pollution, and provide significant benefits to 

the economy. Notably, the benefits of Aardvark Video & Media Productions, LLC 

proposed operation of the DJI Phantom series UAS will be realized without implicating 

any privacy issues.

1. The Public will Benefit from Decreased Congestion of the National 

Airspace System (NAS).

The Phantom series 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 the DJI Phantom UAS would reduce the 

amount of manned aircraft in the National Airspace System (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 National 

Airspace System (NAS), congestion around airports caused by arriving and departing 

aircraft will be reduced. The DJI Phantom series 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 series UAS.

Conducting aerial acquisitions with the DJI Phantom series 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 series 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 series 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 series 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 series UAs 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.

3.Performing Aerial Video and Photography Operations With The DJI 

Phantom series UAS Will Benefit The Economy.

In addition to being safe and efficient, the DJI Phantom series UAS are also an 

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

such, operation of the DJI Phantom series UAS will allow United States based 

companies, like Aardvark Video & Media Productions, LLC, to remain competitive and 

contribute to growth of the U.S. economy. Specifically, with the rising cost of aviation 

fuel and the Environmental Protection Agency (“EPA”) regulatory actions phasing out 

leaded aviation fuels, U.S. owned and operated companies must adopt new and 

alternative technology in order to remain competitive. Operating the battery powered DJI 

Phantom series UAS is one such technology that not only allows companies greater 

operational flexibility compared to manned aircraft, but provides such flexibility without 

the high operational cost of a traditional manned aircraft.

By operating the DJI Phantom UAS, companies such as Aardvark Video & Media

Productions, LLC, can remain competitive and profitable, and therefore, provide greater 
job stability to employees and contractors, which will ultimately contribute to growth of 

the U.S. economy. Improved financial performance of U.S. companies, through 

commercial use of the DJI Phantom series 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.

3. There are no privacy issues.

Similar to the manned aerial acquisition flight operations that have been 

conducted for decades, Aardvark Video & Media Productions, LLC proposed operation 

of the DJI Phantom series UAS will not implicate any privacy issues. Specifically, the 

DJI Phantom series UAS will be operated only in compliance with operating documents 

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 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 ToThat 

Provided By The Rule From Which Aardvark Video & Media Productions, LLC 

Seeks Exemption.

1. Reasons Why The DJI Phantom Series 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, Aardvark Video & Media Productions, LLC 

operation of the DJI Phantom series UAS meet the conditions of FMRA Section 333, and 

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

Section 333 provides authority for a UAS to operate without airworthiness 

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

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

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

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

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

Transportation shall determine if certain unmanned aircraft systems may 

operate safely in the national airspace system before completion of the plan 

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

by section 334 of this Act.

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

under subsection (a), the Secretary shall determine, at a minimum—

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

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

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

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

a threat to national security; and

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

airworthiness certification under section 44704 of title 49, United 

States Code, is required for the operation of unmanned aircraft 

systems identified under paragraph (1).

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

section that certain unmanned aircraft systems may operate safely in the 

national airspace system, the Secretary shall establish requirements for the 

safe operation of such aircraft systems in the national airspace system.

In seeking this exemption, Aardvark Video & Media Productions, LLC 

submits that the and DJI Phantom series UAS can operate safely in the National 

Airspace System (NAS) pursuant to FMRA Section 333, as demonstrated by: 

(a) the characteristics of the DJI Phantom series UAS;

(b) the pilot certification requirement; and

(c) the specific operating limitations.

a. The Specificatios of the DJI Phantom series UAS Demonstrate it’s 

Safe Characteristics

The DJI Phantom series UAS do not create a hazard to users of the National 
Airspace System (NAS) or the public, or otherwise pose a threat to national security 

considering its size, weight, speed, and operational capability.

i. The DJI Phantom series UAS Autonomous Flight And 

Navigation Modes Enable The UAS To Remain Within a 

Defined Operational Area.

The DJI Phantom series UAS may be operated in manual and fully autonomous 

flight modes. 

ii. The DJI Phantom series 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 series UAs will remain 

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

UAS do not reacquire control link data from the Ground Control Station (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 are included in the 

operational manuals.

iii. The DJI Phantom Series GCS and it’s Operation

A complete description of the operation and specifications of the DJI Phantom 

series Ground Control Station (GCS) and flight control software is provided within the 

the DJI Phantom Series User Manuals.

b. Flight Operations Of DJI Phantom series UAS Are Limited To The 

Line Of Sight Of A Certificated Pilot in Command With A Safety 

Observer.
Aardvark Video & Media Productions, LLC will only utilize certificated pilots who 

possess a current and valid airman medical certificate to act as a pilot in command (PIC) 

of the DJI Phantom series UAS. Additionally, a safety observer will assist all pilots 

during flight time.

c. Flights Of DJI Phantom Series UAS Will Be Conducted Pursuant To 

Specific Operating Limitations.

In seeking this exemption, Aardvark Video & Media Productions, LLC proposes 

to commercially operate DJI Phantom series UAS for the special purpose of conducting 

aerial video and photography over certain areas of United States, pursuant to the 

following specific operating limitations:

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

following aircraft described in the operating documents, rotorcraft UAS 

weighing less than 55 pounds maximum gross weight: DJI Phantom series

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 20 knots. 

4. The UA must be operated at an altitude of no more than 500 feet above 

5. 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. 

6. 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. 

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

permitted.
8. 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.

9. 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.

10. 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.

11. 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. 

12. 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. 
13. The operator must follow the UAS manufacturer’s aircraft/component,

maintenance, overhaul, replacement, inspection, and life limit requirements. 

14. The operator must carry out its maintenance, inspections, and record keeping 

requirements, in accordance with the operating documents. Maintenance, 

inspection, alterations, and status of replacement/overhaul component parts 

must be noted in the aircraft records, including total time in service, 

description of work accomplished, and the signature of the authorized person 

returning the UAS to service. 

15. Each UAS operated under this exemption must comply with all manufacturer 

Safety Bulletins. 

16. The authorized person must make an entry in the aircraft record of the 

corrective action taken against discrepancies discovered between inspections. 

17. The PIC must possess at least a 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 

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 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. 
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.

Aardvark Video & Media Productions, LLC submits that the equivalent level of 

safety established by Section 61.113(a) and (b) will be maintained because no Pilot in 

Command (PIC) will be allowed to operate the DJI Phantom series 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 series UAS in a manner consistent with the 
exemption, including evasive and emergency maneuvers and maintaining appropriate 

distances from people, vessels, vehicles and structures.

Considering Aardvark Video & Media Productions, LLC proposed area of 

operations, and the operating limitations set forth-above; the parallel nature of private 

pilot aeronautical knowledge requirements to those of commercial pilot requirements 

(See Exemption No. 11062); and the airmanship skills necessary to safely operate the DJI 

Phantom series UAS, Aardvark Video & Media Productions, LLC submits that the 

additional manned airmanship experience of a commercially certificated pilot would not 

correlate to the airmanship skills necessary for Aardvark Video & Media Productions, 

LLC specific proposed flight operations.

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

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

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

11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161).

Aardvark Video & Media Productions, LLC will not allow any Pilot in Command 

(PIC) to operate the DJI Phantom series UAS unless that Pilot in Command (PIC) has 

demonstrated, by meeting minimum flight-hour requirements or the DJI Phantom series

UAS training and currency requirements, that the PIC is able to safely operate the DJI 

Phantom series 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 Pilot in Command (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 

flightexperience that was obtained in compliance with applicable regulations will ensure 

anequivalent level of safety during Aardvark Video & Media Productions, LLC proposed 

operations. The Administrator has held that prior documented flight experience that was 

obtained in compliance withapplicable 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 flighthour 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, Aardvark Video & Media Productions, LLC will ensure safe 

operations by not allowing any PIC to operate the DJI Phantom series 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 series 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, Aardvark Video & Media Productions, LLC will ensure that 

the DJI Phantom series 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 series UAs will be provided to the 

Pilot in Command (PIC) via GPS equipment and a radio communications telemetry data 

link, which downlinks from the UA to the Ground Control Station (GCS) for active 

monitoring of the flight path and altitude. This altitude information, combined with 

Aardvark Video & Media Productions, LLC operation of the DJI Phantom series UAs 
within visual line of sight, at or below 500 feet Above Ground Level (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 UAS 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 series UAS; (2) the limitations on the proposed flight operations; and (3) the 

location of the proposed flight operations. Accordingly, Aardvark Video & Media 

Productions, LLC will ensure that it will safely operate the battery powered DJI Phantom 

series UAs during daylight hours in Visual Flight Rules (VFR) conditions, with enough

battery power to fly for a total duration of 13.5 minutes to the first point of intended 

landing and, assumingnormal 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 

series 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 Series (UAS)

provide audible and visual warnings to the Pilot in Command (PIC) at the Ground 
Control Station (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 series

UAS will descend and land automatically.

Significantly, previous exemptions granted by the FAA concerning Section 

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

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

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

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

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

respects, to those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 

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

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

6. Reasons Why An Exemption From The Requirements Of Sections 

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would Not 

Adversely Affect Safety.

In seeking this exemption, Aardvark Video & Media Productions, LLC submits 

that the equivalent level of safety with regard to the regulatory maintenance and 

alteration requirements established by Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & 

(a)(2), and 91.417(a) & (b) will be met because Aardvark Video & Media Productions, 

LLC will use trained technicians to perform maintenance, alterations, or preventive 

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

operating documents. Furthermore, Aardvark Video & Media Productions, LLC will 

document and maintain all maintenance records for the DJI Phantom series UAS.
Since the DJI Phantom Series UAS will be inspected as prescribed by the 

operating documents, Aardvark Video & Media Productions, LLC will maintain the 

equivalent level of safety established by Sections 91.405(a), 91.409(a)(1), and 

91.409(a)(2). 

Likewise, the exemption sought will not adversely affect safety because Aardvark 

Video & Media Productions, LLC will use trained technicians to perform maintenance, 

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

practices prescribed by the operating documents. 

Furthermore, the exemption sought would maintain an equivalent level of safety 

established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the 

DJI Phantom series 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 Aardvark Video & Media Productions, LLC proposed 

operating limitations, the operating documents, and the technical aspects of the DJI 

Phantom series UAS, Aardvark Video & Media Productions, LLC submits that safety 

will not be adversely affected by granting exemption from 14 C.F.R. Sections 91.405(a), 

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

granted relief specific to UAS in circumstances similar, in all material respects, to those 
presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 

11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 

11160, 11161).

7. The FAA May Prescribe Any Other Conditions for Safe Operation

In accordance with Section 333 of the FAA Modernization and Reform Act of 

2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, Aardvark Video & 

Media Productions, LLC requests that the FAA prescribe special conditions for the 

intended operation of the DJI Phantom series 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 series UAS, since theairworthiness 

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 series 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 Aardvark Video & Media Productions, LLC Seeks Exemption:

Aardvark Video & Media Productions, LLC seeks exemption from the 

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

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

A Brief Description of the Nature of The Exemption Aardvark Video & 

Media Productions, LLC Seeks:

This exemption will permit Aardvark Video & Media Productions, LLC to 

commercially operate an Unmanned Aircraft System (UAS) for the purpose of 

conducting aerial video and photography over certain areas of the United States.

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

Aardvark Video & Media Productions, LLC Request.

This Petition is made pursuant to the FAA Modernization and Reform Act of 

2012(FMRA) Section 333, which directs the Secretary of Transportation to determine if 
certainUAS may operate safely in the NAS. As such, Aardvark Video & Media 

Productions, LLC request for exemption may be granted pursuant to the authority of 

FMRA Section 333 and 14 C.F.R. Part 11, asset 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, Aardvark Video & Media 

Productions, LLC will operate the DJI Phantom series UAS safely in the National 

Airspace System (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, Aardvark Video & Media Productions, LLC seeks an 

exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA Modernization and 

Reform Act of 2012 (FMRA), which will permit safe operation of the DJI Phantom series

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

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

granting this Petition, the FAA Administrator will be fulfilling the Congressional 

mandate of the FAA Modernization and Reform Act of 2012, while also advancing the 

interests of the public, by allowing Aardvark Video & Media Productions, LLC to safely, 

efficiently, and economically operate the DJI Phantom series UAS commercially within 

the National Airspace System (NAS).

Wherefore, in accordance with the Federal Aviation Regulations and the FAA 
Modernization and Reform Act of 2012, Section 333, Aardvark Video & Media 

Productions, LLC respectfully requests that the Administrator grant this Petition for an 

exemption from the requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 

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

permit Aardvark Video & Media Productions, LLC to operate the DJI Phantom series

UAS commercially for the purpose of conducting aerial video and photography over 

certain areas of the United States.

Dated: July 6, 2015

Respectfully submitted:

Richard DePaso, Manager

Aardvark Video & Media Productions, LLC

17 Winding Rd

Henderson, NV 89052