UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC 

Regulatory Docket No. _ _ _ _ __

IN THE MATTER OF THE PETITION FOR EXEMPTIONOF: 

Franco Cafiero

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)(l) & (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL 

OPERATION OF DJI PHANTOM III UNMANNED AIRCRAFT SYSTEM 

PURSUANT TO SECTION 333 OF 

THE FAA MODERNIZATION AND REFORM ACT OF 2012 

(PUBLIC LAW 112-95) 

Submitted on February 26, 2016

Franco Cafiero

Mailing Address: 

3615 Gilmore Heights Rd N

Jacksonville, 

Florida 32225

Physical Address: 

3615 Gilmore Heights Rd N

Jacksonville, 

Florida 32225

904-982-6504
TABLE OF CONTENTS 

Page 

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

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

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

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

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

NAME AND ADDRESS OF PETITIONER. ....................................................................... 7 

THE SPECIFIC SECTIONS OF 14 C.P.R. FROM WHICH FRANCO CAFIERO SEEKS 

EXEMPTION......................................................................................................................... 8 

THE EXTENT OF RELIEF FRANCO CAFIERO SEEKS AND THE REASON FRANCO 

CAFIERO SEEKS THE RELIEF..................................................................... 11 

THE REASONS WHY GRANTING FRANCO CAFIERO'S REQUEST WOULD BE IN 

THE PUBLIC INTEREST ................................................................................................ 15 

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT 

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

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER.......... .... 34 

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS 

AVAILABLE TO SUPPORT FRANCO CAFIERO'S REQUEST........................ 34 

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

APPENDICES ........................................................................................37 

2
GIOSSARY OF ABBREVIATIONS 

AGL 

AOI 

ATC 

ATO 

AV 

CFR 

COA 

FAA 

FAR 

GCS 

GPS 

LOL 

NAS 

NOTAM 

PIC 

Section 333 

so 

SOP 

UA

UAS 

VFR 

VLOS 

VMC 

VTOL 

Above Ground Level 

Area of lnterest 

Air Traffic Control 

Air Traffic Organization 

Aerial Vehicle 

Code of Federal Regulations 

Certificate of Authorization 

Federal Aviation Administration 

Federal Aviation Regulation

Ground Control Station 

Global Positioning System 

Loss of Link 

National Airspace System 

Notice to Airman Pilot

Person In Command 

FAA Modernization and Reform Act of2012 (FMRA) Section 333 

Safety Observer 

Standard Operating Procedures 

Unmanned Aircraft 

Unmanned Aircraft System 

Visual Flight Rules 

Visual Line of Site 

Visual Meteorological Conditions 

Vertical Takeoff and Landing 

3
SUMMARY 

Franco Cafiero seeks exemption from the requirements of 14 C.F.R §§ 

61.113(a) 

& (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(l), 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 

Franco Cafiero to operate an Unmanned Aircraft System (UAS) for the commercial 

purpose of conducting aerial video and photography of construction sites, real estate, private 

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

INTRODUCTION AND INTERESTS OF THE PETITIONER 

Franco Cafiero provides his clients with expertise and knowledge in 

advanced technologies and solutions to increase efficiency, productivity and effectiveness. 

Franco Cafiero has over 5 years of professional experience in Computer Generated 

Information Technology and is recognized as an expert in network infrastructure and 

project management. He has over 10 years combined recreational/hobby aircraft and 

Computer/Camera Generated photography. The objective of Franco Cafiero aerial 

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

commercial, public, and residential uses, specifically targeting: 

• Construction sites before and after 

• Appraisals 

• Real-estate marketing 

• Private Event videography

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

4
BACKGROUND 

Unmanned Aircraft Systems: DJI Phantom III UAS

Franco Cafiero seeks an exemption to operate DJI systems for compensation 

or hire within the NAS. The DJI Phantom III is a vertical take off and 

landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing 

electronic tablet or smart phone systems. The DJI Phantom III has a maximum gross 

weight of approximately 2 pounds 11 ounces, while having a length of 16 inches, width of 

16 inches, height of 8 inches, and a maximum speed of approximately 29 knots. 

The DJI Phantom III UAS is equipped with four main rotors; driven by Lithium Polymer 

battery powered electric motors. 

The DJI Phantom III UAS that will be operated by Franco Cafiero

will be registered in accordance with 49 U.S. C. 44103, Registration ofAircraft, as 

well as 14 C.F.R Part 47, Aircrqft Registration, and marked in accordance with 14 

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

BASIS FOR PETITION 

Petitioner, Franco Cafiero, pursuant to the provisions of the Federal Aviation 

Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of2012 

(FMRA), Section 333, Special Rulesfor Certain Unmanned Aircraft Systems, hereby 

petitions the Administrator to commercially operate the DJI Phantom III 

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

5
requirements of 14 C.F.R §§ 61.113(a) & (b), 91. 7(a), 91.121, 91.151(b), 91.405(a), 

91.407(a)(l), 91.409(a)(l) & (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, Franco Cafiero operation of DJI 

Phantom III UAS meets the conditions of FMRA Section 333 and 

therefore, will not require an airworthiness certificate in accordance with 14 C.P.R. Part 

21, Subpart H. 

Accordingly, Franco Cafiero 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. 

Franco Cafiero submits that the requested relief is proper since an equivalent 

level of safety will be ensured. Franco Cafiero 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., 

Monthly Maintenance Log, and DJI Phantom III Instruction Manual). 

Furthermore, Franco Cafiero will document and maintain all maintenance records for 

the DJI Phantom III UAS. 

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

privileges and limitations: Pilot in command, is requested by Franco Cafiero 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 III UAS in a manner consistent with this 

6
exemption, including evasive and emergency maneuvers and maintaining appropriate 

distances from people, vessels, vehicles and structures. 

Franco Cafiero seeks relief from Section 91.7(a), entitled Civil aircraft 

airworthiness, because the Dll Phantom III UAS does not require an 

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

Franco Cafiero submits that he will ensure that the DJI Phantom III 

UAS isin an airworthy condition, prior to every flight, by determining that the UAS

isin compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI

Phantom III Instruction Manual), and that the aircraft are in a condition 

for safe flight. 

Franco Cafiero also seeks an exemption from the requirements of Section 

91.121, entitled Altimeter Settings, as the DJI Phantom III UAS will not 

have a typical barometric altimeter onboard. However, altitude information of the DJI

Phantom III and 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 Franco Cafiero's operation of the DJI Phantom III

UAS within visual line of sight, at or below 400 feet AGL, will ensure a level of safety 

equivalent to Section 91.121. 

Additionally, Franco Cafiero seeks an exemption from the requirements of 

Section 91.151 (b), entitled Fuel requirements for flight in VFR conditions. Franco Cafiero

submits that safety will not be affected by operation of the DJI Phantom III

UAS during daylight hours in visual meteorological conditions (VMC) 

7
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, Franco Cafiero provides the following 

information in support of its petition for exemption: 

A. Name and Address Of The Petitioner. 

The name and 

mailing address of 

the Petitioner and 

point of contact is: 

Franco Cafiero

3615 Gilmore Heights Rd N

Jacksonville, Florida 32225

E-Mail: 

fcafiero@gmail.com

904-982-6504

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

Seeks Exemption. 

1. Franco Cafiero 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. Franco Cafiero Seeks Exemption From The Requirements Of 

Section 91.7(a).

8
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. Franco Cafiero 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)(l)(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. Franco Cafiero 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. Franco Cafiero Seeks Exemption From The Requirement Of 

Section 91.405(a). 

9
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. Franco Cafiero Seeks Exemption From The Requirements Of 

Section 91.407(a)(l) 

Section 91.407, entitled Operation after maintenance, preventive maintenance, 

rebuilding, or alteration, subsection (a)(l), 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. Franco Cafiero Seeks Exemption From The Requirements Of 

Sections 91.409(a)(l) 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. Franco Cafiero 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: 

10 
(I) Records of the maintenance, preventive maintenance, and alteration and 

records of the I00-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 I year after the 

work is performed.

11 
(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 Franco Cafiero Seeks And The Reason Franco Cafiero

Seeks The Relief. 

1. Extent Of Relief Franco Cafiero Seeks And The Reason Franco Cafiero

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, Franco Cafiero submits that an equivalent level 

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

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 

III 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. 

12 
Further, Franco Cafiero submits that all flights of the DJI Phantom III

UAS, conducted by the PIC pursuant to the grant of this Petition: (1) will be 

incidental to Franco Cafiero's business; and (2) will not carry passengers or property 

for compensation or hire. 

2. Extent Of Relief Franco Cafiero Seeks And The Reason Franco Cafiero

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 Franco Cafiero to determine that the DJI Phantom III UAS is in 

airworthy condition prior to every flight by ensuring that the 

VAS is in compliance with the operating documents (i.e., the Franco Cafiero Aerial 

Operations Manual, Monthly Maintenance Log, and DJI Phantom III 

Instruction Manual). 

Franco Cafiero seeks the requested relief because the DJI Phantom III

UAS does not require an airworthiness certificate in accordance with 14 

C.F.R. Part 21, Subpart H. Therefore, Franco Cafiero will ensure that the DJI 

Phantom III UAS is in airworthy condition based upon its compliance 

with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom III and 

DJI Inspire 1 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 Franco Cafiero Seeks And The Reason Franco 

Cafiero 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 ITI UAS, which utilizes 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 

13 
(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), Howard Cash 

Marsh seeks the requested relief because the DJI Phantom III UAS

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 III UAS is equipped with a 

barometric pressure sensor and GPS equipment, which automatically ensures that a ground 

level pressure setting will be established prior to each flight, and provides the PIC with 

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

4. Extent Of Relief Franco Cafiero Seeks And The Reason Franco Cafiero

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 III 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. Franco Cafiero seeks the requested relief because without an 

exemption from Section 91.151 (b), the flight time duration of the battery powered DJI 

Phantom III UAS will severely constrain the practicality of any aerial 

video or still photo flight operations that Franco Cafiero proposes to conduct pursuant 

to this Petition. 

14 
Significantly, as set forth below, the technical specifications of the DJI Phantom III 

UAS, the DJI Phantom III operating documents, and 

Franco Cafiero's proposed operating limitations, ensure that Franco Cafiero

willsafely operate the battery powered DJI Phantom III 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 Franco Cafiero Seeks And The Reason Franco Cafiero

Seeks Relief From Sections 91.405(a), 91.407(a)(l), 91.409(a)(l) & 

(a)(2), And 91.417(a) & (b).

Since Sections 91.405(a), 91.407(a)(l), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) 

only apply to aircraft with an airworthiness certificate, Franco Cafiero requests relief 

from these Sections because the DJI Phantom III UAS does not require an

airworthiness certificate. As set forth more fully below, the DJI Phantom III 

UAS meets the conditions of FMRA Section 333 for operation without an 

airworthiness certificate. Accordingly, Franco Cafiero 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 (i.e., the 

Franco Cafiero Aerial Operations Manual, Monthly Maintenance Log, and DJI 

Phantom III Instruction Manual). Furthermore, Franco Cafiero will

document and maintain all maintenance records for the DJI Phantom III UAS. 

D. The Reasons Why Granting Franco Cafiero 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 

Franco Cafiero to safely, efficiently, and economically perform aerial 

15 
video and photography of construction sites, real estate, and landscape over 

certain areas of the United States. 

Additionally, use of the DJI Phantom III UAS will decrease 

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

Notably, the benefits of Franco Cafiero's proposed operation of the DJI Phantom III 

UAS will be realized without implicating any privacy issues. 

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

The DJI Phantom III UAS is battery powered and serves 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 III 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 III UAS does 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 III UAS.

16 
Conducting aerial acquisitions with the DJI Phantom III 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 III

UAS produces 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 III 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 III 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 III UA (weighing approximately 2 pounds 11 ounces, 

at its maximum gross weight with length of 16 inches, widths of 16 inches, and with no fuel

on board), has less physical potential for collateral damage to life and property on the 

ground, and in the air, compared to the manned aircraft that typically conduct similar 

operations (weighing approximately 6,000 pounds with a wingspan of approximately 42 

feet, a length of 34 feet, and a fuel capacity of 180 gallons). 

17 
3. Performing Aerial Video and Photography Operations With The DJI 

Phantom III UAS WILL Benefit The Economy. 

In addition to being safe and efficient, the DJI Phantom III UAS

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

operations. As such, operation of the DJI Phantom III UAS will allow 

United States based companies, like Franco Cafiero, 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 III 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 III UAS, companies such as 

Franco Cafiero, 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 III 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. 

4. There Are No Privacy Issues. 

Similar to the manned aerial acquisition flight operations that have III UAS will

18
not implicate any privacy issues. Specifically, the DJI Phantom III UAS will be 

operated only in compliance with operating documents 

(i.e., the Franco Cafiero Aerial Operations Manual, Monthly Maintenance Log, and 

DJI Phantom III 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 Franco Cafiero Seeks Exemption. 

1. Reasons Why The DJI Phantom III UAS Meets 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, Franco Cafiero's operation of the DJI 

Phantom III 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. 

19 
(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 ofsight 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) Requirementsfor Safe Operation.—If the Secretary determines underthis 

section that certain unmanned aircraft systems may operate safely in the 

national airspace system, the Secretary shall establish requirements for the safe 

operation ofsuch aircraftsystems in the national airspace system. 

In seeking this exemption, Franco Cafiero submits that the DJI Phantom III

UAS can operate safely in the NAS pursuant to FMRA Section 333, as 

demonstrated by: (a) the characteristics of the DJI Phantom III UAS; (b) 

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

a. The Specifications Of The DJI Phantom III UAS

Demonstrates Its Safe Characteristics. 

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

NAS or the public, or otherwise pose a threat to national security considering its size, 

weight, speed, and operational capability. 

i. Technical Specifications Of The DJI Phantom III UAS. 

The technical specifications of the DJI Phantom III UAS are set 

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

hereto as Exhibit A. 

20 
ii. The DJI Phantom III UAS Autonomous Flight 

And Navigation Modes Enable The UAS To Remain Within A 

Defined Operational Area.

The DJI Phantom III UAS may be operated in both manual and 

fully autonomous flight modes. A complete description of the flight and navigational 

modes of the DJI Phantom III UAS is provided at pages 25-35 of the 

DJI Phantom III User Manual, attached hereto as Exhibit B. 

iii. The DJI Phantom III UAS is 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 III UAS will

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

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 III UAS are 

set forth at pages 27 through 29 of the DJI Phantom III User Manuals, attached hereto as 

Exhibit B. 

iv. The DJI Phantom III GCS And Its Operation. 

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

GCS and flight control software is provided at pages 32 through 43 of the DJI Phantom III 

User Manual. DJI Phantom III User Manual is attached hereto as Exhibit B. 

21
b. Flight Operations Of DJI Phantom III UAS is Limited To The Line 

Of Sight Of A Certificated Pilot in Command With A Safety 

Observer. 

Franco Cafiero will be the only pilot in command (PIC) of the DJI Phantom III

UAS. Additionally, a safety observer will assist during flight time. 

c. Flights Of DJI Phantom III UAS Will Be 

Conducted Pursuant To Specific Operating Limitations. 

In seeking this exemption, Franco Cafiero proposes to commercially operate 

DJI Phantom III 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 III

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 ground 

level (AGL), as indicated by the procedures specified in the operating 

documents unless a special request is made and approved by ATC. All altitudes 

reported to ATC must be in feet AGL. 

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

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

device other than corrective lenses. 

22 
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 

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. 

23 
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. As the ONLY PIC, Franco Cafiero will only operate within the 

guidelines as stated in this writing. 

18. UAS operations may not be conducted during night, as defined in 14 C.F.R. § 

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. 

19. 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. 

24 
20. 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. 

21. 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. 

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

emergencies in accordance with the operating documents. 

23. 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. 

24. 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. 

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

serial number, registered in accordance with 14 C.P.R. part 47, and have 

identification (N- Number) markings in accordance with 14 C.P.R. part 45, 

Subpart C. Markings must be as large as practicable. 

26. 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. 

27. The documents required fewer than 14 C.P.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. 

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

operations and activities at all times. 

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

30. 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: 

25 
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, or essential persons do not present 

an undue hazard to those persons per§ 91.119(a). 

31. 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. 

32. 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. 

Franco Cafiero submits that the equivalent level of safety established by 

Section 61.113(a) and (b) will be maintained because no PIC other than Franco Cafiero

will be allowed to operate the DJI Phantom III. 

Considering Franco Cafiero's proposed area of operations, and the operating 

limitations set forth-above; the parallel nature of private pilot aeronautical knowledge 

26 
requirements to those of commercial pilot requirements (See Exemption No. 11 062); and 

the airmanship skills necessary to safely operate the DJI Phantom III UAS, 

Franco Cafiero submits that the additional manned airmanship experience of a 

commercially certificated pilot would not correlate to the airmanship skills necessary for 

Franco Cafiero's 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). 

27 
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 Franco Cafiero's proposed operations. The 

Administrator has held that prior documented flight experience that was obtained in 

compliance with applicable regulations would ensure safe operations, stating as follows: 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

28 
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, Franco Cafiero will ensure that the DJI Phantom III

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 III 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 Franco Cafiero's operation of the 

DJI Phantom III UAS within visual line of sight, at or below 500 feet 

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

will be generated by GPS 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). 

29 
5. Reasons Why An Exemption From The Requirements Of Section 91.15l(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 III UAS; (2) the limitations on the proposed flight operations; 

and (3) the location of the proposed flight operations. Accordingly, Franco Cafiero

will ensure that it will safely operate the battery powered DJI Phantom III UAS during 

daylight hours in VFR conditions, with enough battery power to fly for a 

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

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

Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom 

III 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 III 

UAS provide audible and visual warnings to the PIC at the 

GCS when the UAS experiences low battery voltage, the first warning occurring at 

approximately 33% remaining battery power, and again at approximately 10% remaining 

battery power. At the critically low battery level, the DJI Phantom III 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 

30 
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)(l), 91.409(a)(l) & (a)(2), And 91.417(a) & (b) Would 

Not Adversely Affect Safety.

In seeking this exemption, Franco Cafiero 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)(l) & (a)(2), and 91.417(a) & (b) will be met 

because Franco Cafiero will use trained technicians to perform maintenance, 

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

practices prescribed in the operating documents (i.e., the Franco Cafiero Aerial 

Operations Manual, Monthly Maintenance Log, and DJI Phantom III 

Instruction Manual). Furthermore, Franco Cafiero will document and maintain all 

maintenance records for the DJI Phantom III UAS. 

Since the DJI Phantom III UAS will be inspected as prescribed 

by the operating documents, Franco Cafiero will maintain the equivalent level of 

safety established by Sections 91.405(a), 91.409(a)(l), and 91.409(a)(2). A copy of the DJI 

Phantom III User Manual is attached hereto as Exhibit B; a copy of the DJI Phantom III

UAS Maintenance LOG is attached hereto as Exhibit E. 

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

Cash Marsh will use trained technicians to perform maintenance, alterations or preventive 

31 
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 III 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) & (aX2), 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 Franco Cafiero's proposed operating limitations, the 

operating documents, and the technical aspects of the DJI Phantom III UAS, Franco Cafiero

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, Franco Cafiero requests 

that the FAA prescribe special conditions for the intended operation of the DJI Phantom III 

UAS, which contain such safety standards that the 

32 
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 III UAS, since the 

airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate 

safety standards, due to the novel or unusual design features of the aircraft. Section 21.16, 

entitled Special Conditions, states the following: 

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 III UAS, which contain such safety standards that the 

33 
Administrator finds necessary to establish a level of safety equivalent to that established by 

14 C.P.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)(l) & (a)(2), and 91.417(a) & (b). 

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

From Which Franco Cafiero Seeks Exemption: 

Franco Cafiero seeks exemption from the requirements of14 C.F.R Sections 

61.113(a)&(b), 91. 7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(l) & 

(a)(2), and91.417(a) &(b). 

A Brief Description Of The Nature Of The Exemption Franco Cafiero

Seeks: 

This exemption will permit Franco Cafiero 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 

Franco Cafiero's Request. 

This Petition is made pursuant to the FAA Modernization and Reform Act of2012 

(FMRA) Section 333, which directs the Secretary of Transportation to determine if certain 

UAS may operate safely in the NAS. As such, Franco Cafiero's request for 

exemption may be granted pursuant to the authority of FMRA Section 333 and 14 C.P.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, Franco Cafiero will operate the DJI Phantom 

III UAS safely in the NAS, without creating a hazard to users of the NAS, or the public, or

otherwise pose a threat to national security. 

34 
CONCLUSION 

As set forth herein, Franco Cafiero seeks an exemption pursuant to 14 C.F.R. 

§

11.61 and Section 333 of the FAA Modernization and Reform Act of2012 (FMRA), 

which will permit safe operation of the DJI Phantom III 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 of2012, while also advancing the interests of the public, 

by allowing Franco Cafiero to safely, efficiently, and economically operate the DJI 

Phantom III UAS commercially within the NAS. 

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

Modernization and Reform Act of2012, Section 333, Franco Cafiero 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, 91.15l(b), 91.405(a), 91.407(a)(1), 

91.409(a)(l) & (a)(2), and 91.417(a) & (b), and permit Leading Edge to operate the DJI 

Phantom III UAS commercially for the purpose of conducting aerial video and photography 

over certain areas of the United States. 

Dated: February 26, 2016

Respectfully submitted, 

Franco Cafiero

 

35 
Franco Cafiero

3615 Gilmore Heights Rd N

Jacksonville, FL 32225

904-982-6504

Appendices: 

A- DJI Phantom III Specifications Data Sheet

B- DJI Phantom III Manufacturer’s User Manual

C- Monthly Maintenance Log 

36 
APPENDIX-A 

DJI PHANTOM III TECHNICAL SPECIFICATIONS 

Franco Cafiero only utilizes safe and reliable UAS. DJI is an industry leader in small UAS

production. DJI UAS are loaded with ground breaking software enabling the user to 

set parameters which will not allow flight into controlled airspace. Parameters can also be 

set to limit flight to no higher than a predetermined and set altitude as well as limit flight to 

a predetermined and set distance. In addition, DJI software provides real-time altitude and 

location information to the PIC via the linked monitor (smart phone/tablet devices) 

1.1 DJI Phantom III

1.1.1 Aircraft 

1.1.1.1 Supported Battery- DJI 5200mAH LiPo Battery 

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

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

1.1.1.4 Max Yaw Angular Velocity -200°/s 

1.1.1.5 Max Tilt Angel- 35° 

1.1.1.6 Max Ascent Speed- 6m/s 

1.1.1.7 Max Descent Speed - 2m/s 

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

1.1.2 Gimbal 

1.1.2.1 Working Current- Static: 750mA; Dynamic: 900mA 

1.1.2.2 Control Accuracy - ±0.03° 

1.1.2.3 Controllable Range- Pitch: -90°- 0° 

1.1.2.4 Maximum Angular Speed -Pitch: 90°/s 

1.1.3 Camera 

1.1.3 .1 Operating Temperature Range - 32°F - 104oF 

1.1.3.2 Sensor Size -1/2.3" 

1.1.3.3 Effective Pixels- 14M 

1.1.3.4 Resolution- 4384x3288 

4.1.3.5 HD Video Recording -1080p30 & 720p 

4.1.3.6 Recording Field of View- 110°/85° 

1.1.4 Transmitter 

1.1.4.1 Operating Frequency- 5.728GHz- 5.85GHz 

(ooc -40oC) 

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

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

1.1.4.4 Transmitter Power- FCC Compliance: 100mW 

1.1.4.5 Working Voltage - 120mA@3.7V 

1.1.5 Range Extender 

1.1.5.1 Operating Frequency - 2412-2462MHz 

37 
1.1.5.2 Communication Distance (unobstructed)- 500-700m 

1.1.5.3 Transmitter Power- 20dBm 

1.1.5.4 Power Consumption- 2W 

38