SUMMARY 

Digital Media Solutions, seeks exemption from the requirements of 14 

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

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

Unmanned Aircraft System pursuant to Section 333 of the FAA 

Modernization and Reform Act of 2012 (FMRA). This exemption will 

permit

Digital Media Solutions to operate an Unmanned Aircraft System 

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

photography for real estate, and other landscape- oriented purposes 

over certain areas of the United States. 

INTRODUCTION AND INTERESTS OF THE PETITIONER 

Digital Media Solutions provides its clients with the high quality digital 

content for use in their commercial marketing. The objective of Digital 

Media Solutions, aerial video and photography operations is to 

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

residential uses, specifically targeting: 

 •Real Estate Videography and Photography 

 • Automobile dealerships 

 • Parks, recreation, golf courses and public lands 

 • Increase public knowledge of UAS and promote safe UAS 

operations 

 BACKGROUND 

Unmanned Aircraft Systems: DJI Phantom 3 Professional UAS 

Digital Media Solutions seeks an exemption to operate DJI 

systems for compensation or hire within the NAS. The DJI 
Phantom 3 Professional is a vertical takeoff and landing (VTOL) 

Unmanned Aircraft (UA) with a Ground Control Station (GCS) 

utilizing electronic tablet or smartphone systems. The DJI 

Phantom 3 Professional has a maximum gross weight of 2.82 

pounds, a length of 23.2 inches (square size in all dimensions), 

height of 10 inches, and a maximum speed of approximately 31 

knots. The DJI Phantom 3 Professional is equipped with four 

main rotors; driven by Lithium Polymer battery powered electric 

motors. The Phantom 3 Professional that will be operated by 

Digital Media Solutions, 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, Digital Media Solutions pursuant to the provisions of 

the Federal Aviation Regulations 

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

of 2012 (FMRA),

Section 333, Special Rules for Certain Unmanned Aircraft 

Systems, hereby petitions the Administrator to commercially 

operate the DJI Phantom 3 Professional 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, Digital 

Media Solutions operation of DJI Phantom 3 Professional 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, Digital Media Solutions 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. Digital Media Solutions 

submits that the requested relief is proper since an equivalent level of 

safety will be ensured. Digital Media Solutions will use experienced 

personnel or technicians to perform maintenance, alterations, or 

preventive maintenance on the UASs using the methods, techniques, 

and practices prescribed in the operating documents 

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

Private pilot privileges and limitations: Pilot in command, is requested 

by Digital Media Solutions 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, 

that the PIC is able to safely operate the DJI Phantom 3 Professional 

in a manner consistent with this exemption, including evasive and 

emergency maneuvers and maintaining appropriate distances from 

people, vessels, vehicles and structures. Elevated Digital Media 

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

airworthiness, because the DJI Phantom 3 Professional does not 

require an airworthiness certificate in accordance with 14 C.F.R. Part 

21, Subpart H. As such, Digital Media Solutions will ensure that the 

DJI Phantom 3 Professional is in airworthy condition, prior to every 

flight, by determining that the UAS is in compliance with the 

operating documents and that the aircraft is in a condition for safe 

flight. 

Digital Media Solutions also seeks an exemption from the 

requirements of Section 91.121, entitled Altimeter Settings, as DJI 

Phantom 3 Professional will not have a typical barometric altimeter 

onboard. However, altitude information of the DJI Phantom 3 

Professional will be provided to the PIC via 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 Digital Media Solutions operation of the 

DJI Phantom 3 Professional within visual line of sight, at or below 400 

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

Additionally, Digital Media Solutions seeks an exemption from the 

requirements of Section 91.151(b) entitled Fuel requirements for flight 

in VFR conditions. Digital Media Solutions submits that safety will not 
be affected by operation of DJI Phantom 3 Professional 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 18 minutes to the first point of intended landing and, 

assuming normal cruising speed, to fly after that for at least 4 

minutes. 

In accordance with 14 C.F.R. § 11.81, Digital Media Solutions 

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: 

Brooks Van Aken

Digital Media Solutions

108 Pratt St., North Adams, MI 49262

B. The Specific Sections of 14 C.F.R. from Which Digital Media 

Solutions Seeks Exemption. 

1. Digital Media Solutions 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. Digital Media Solutions 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. Digital Media Solutions 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. Digital Media Solutions 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. Digital Media Solutions 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. Digital Media Solutions 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. Digital Media Solutions 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. Digital Media Solutions 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 Digital Media Solutions Seeks and The 

Reason Digital Media Solutions Seeks the Relief. 

1. Extent of Relief Digital Media Solutions Seeks and the Reason 

Digital Media Solutions 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. 

Digital Media Solutions submits that an equivalent level of safety will 

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

Phantom 3 Professional unless that PIC has met certain flight-hour 

and currency requirements, demonstrating that the PIC is able to 

safely operate either the DJI Phantom 3 Professional 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, Digital Media Solutions submits that all flights of the DJI 

Phantom 3 Professional, conducted by the PIC pursuant to the grant 

of this Petition: (1) will be incidental to Digital Media Solutions 

business; and (2) will not carry passengers or property for 

compensation or hire. 

2. Extent of Relief Digital Media Solutions Seeks and The Reason 

Digital Media Solutions 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 Digital Media Solutions to 

determine that the DJI Phantom 3 Professional are in airworthy 

condition prior to every flight by ensuring that the UAS is in 

compliance with the operating documents. 

Digital Media Solutions seeks the requested relief because the DJI 

Phantom 3 Professional does not require an airworthiness certificate 

in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Digital 
Media Solutions will ensure that the DJI Phantom 3 Professional is 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 Digital Media Solutions Seeks and The Reason 

Digital Media Solutions Seeks Relief From

Section 91.121 

Relief from Section 91.121, entitled Altimeter settings, may be 

required to allow flight operations of the DJI Phantom 3 Professional, 

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 

(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), 

Digital Media Solutions seeks the requested relief because the DJI 

Phantom 3 Professional 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 DJI Phantom 3 Professional 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 Digital Media Solutions Seeks and the Reason 

Digital Media Solutions 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 3 Professional during daylight 

hours in visual meteorological conditions (VMC), under visual flight 
rules (VFR), for a total duration of 18 minutes to the first point of 

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

that for at least 4 minutes. Digital Media Solutions seeks the 

requested relief because without an exemption from Section 

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

Phantom 3 Professional will severely constrain the practicality of any 

aerial video or still photo flight operations that Digital Media Solutions 

proposes to conduct pursuant to this Petition. 

5. Extent of Relief Digital Media Solutions Seeks and The Reason 

Digital Media Solutions 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, 

Digital Media Solutions requests relief from these Sections because 

the DJI Phantom 3 Professional do not require airworthiness 

certificates. As set forth more fully below, the DJI Phantom 3 

Professional meet the conditions of FMRA Section 333 for operation 

without an airworthiness certificate. Accordingly, Digital Media 

Solutions 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, Digital Media Solutions will document and 

maintain all maintenance records for the DJI Phantom 3 Professional. 

D. The Reasons Why Granting Digital Media Solutions 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 Digital Media Solutions to safely, efficiently, and 

economically perform aerial video and photography for real estate, 

special events, and landscape over certain areas of the United 

States. Additionally, use of the DJI Phantom 3 Professional will 

decrease congestion of the NAS, reduce pollution, and provide 

significant benefits to the economy. Notably, the benefits of Digital 
Media Solutions proposed operation of the DJI Phantom 3 

Professional will be realized without implicating any privacy issues. 

1. The Public Will Benefit From Decreased Congestion Of The 

NAS. 

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

safe, efficient, and economical alternative to the manned aircraft 

traditionally utilized to obtain aerial imagery. By reducing the amount 

of manned aircraft needed to perform aerial acquisitions, an 

exemption allowing the use of a DJI Phantom 3 Professional would 

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

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

air and on the ground. Furthermore, by reducing the number of 

manned aircraft operating in the NAS, congestion around airports 

caused by arriving and departing aircraft will be reduced. The DJI 

Phantom 3 Professional 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 3 Professional.

Conducting aerial acquisitions with the DJI Phantom 3 Professional, 

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, DJI Phantom 3 Professional 

produce no air pollution, and is the most viable environmentally 

conscious alternative to the cabin class, six-cylinder internal 

combustion engine aircraft that are typically utilized for aerial video 

and photography, while burning approximately 20-30 gallons per hour 

of leaded aviation fuel. The DJI Phantom 3 Professional, while 

reducing the carbon footprint of aerial acquisitions, also eliminates 

noise pollution, as the UA is propelled by battery powered electric 

motors, rather than an internal combustion engine. By using DJI 

Phantom 3 Professional to perform aerial acquisitions, the substantial 
risk to life and property in the air and on the ground, which is usually 

associated with traditional manned aircraft flight operations, will be 

substantially reduced or completely eliminated. Aside from the lack of 

flight crew members located onboard the aircraft, the DJI Phantom 3 

Professional (gross weight of 2.82 pounds, a length of 23.2 inches 

(square size in all dimensions), height of 10 inches, and a maximum 

speed of approximately 31 knots, and with no fuel on board), has less 

physical potential for collateral damage to life and property on the 

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

conduct similar operations (weighing approximately 6,000 pounds 

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

fuel capacity of 180 gallons). 

3. Performing Aerial Video and Photography Operations With The 

DJI Phantom 3 Professional Will Benefit the Economy. 

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

are also an economical alternative to using manned aircraft to 

conduct similar aerial operations. As such, operation of DJI Phantom 

3 Professional will allow United States based companies, like Digital 

Media Solutions, to remain competitive and contribute to growth of 

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

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

phasing out leaded aviation fuels, U.S. owned and operated 

companies must adopt new and alternative technology in order to 

remain competitive. Operating the battery powered DJI Phantom 3 

Professional is one such technology that not only allows companies 

greater operational flexibility compared to manned aircraft, but 

provides such flexibility without the high operational cost of a 

traditional manned aircraft. By operating the DJI Phantom 3 

Professional, companies such as Digital Media Solutions, can remain 

competitive and profitable, and therefore, provide greater job stability 

to employees and contractors, which will ultimately contribute to 

growth of the U.S. economy. Improved financial performance of U.S. 

companies, through commercial use of the DJI Phantom 3 

Professional, provides a stable workforce that increases consumer 

spending; improves local, state, and federal tax revenues; and allows 
companies to invest in research and development in order to remain 

competitive both in the United States and abroad. 

4. There Are No Privacy Issues. 

Similar to the manned aerial acquisition flight operations that have 

been conducted for decades, Digital Media Solutions, LLC proposed 

operation of the DJI Phantom 3 Professional will not implicate any 

privacy issues. Specifically, the DJI Phantom 3 Professional will be 

operated only in compliance with operating documents which 

requires property owner involvement 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 Digital Media Solutions Seeks Exemption. 

1. Reasons Why DJI Phantom 3 Professional 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 

associate with the unmanned aircraft and its operation, Digital Media 

Solutions operation of the DJI Phantom 3 Professional 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. 

In seeking this exemption, Digital Media Solutions submits that the 

DJI Phantom 3 Professional can operate safely in the NAS pursuant 

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

the DJI Phantom 3 Professional; (b) the pilot certification requirement; 

and (c) the specific operating limitations. 
a. The Specifications of The DJI Phantom 3 Professional 

Demonstrate Its Safe Characteristics. 

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

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

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

i. Technical Specifications of The DJI Phantom 3 Professional. 

The technical specifications of the DJI Phantom 3 Professional are set 

forth in the User Manual. User Manual link is provided on Page 17 of 

this document as an Appendix. 

ii. The DJI Phantom 3 Professional Autonomous Flight and 

Navigation Modes Enable The UAS to Remain Within a Defined 

Operational Area. 

The DJI Phantom 3 Professional may be operated in both manual and 

fully autonomous flight modes. A complete description of the flight 

and navigational modes is provided in the User Manual. User Manual 

link is provided on Page 17 of this document as an Appendix. 

iii. The DJI Phantom 3 Professional Are Designed for Automatic 

Return to Home Point or Hover in The Event of Loss of the 

Control Link or Navigation. 

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

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

the DJI Phantom 3 Professional 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 is provided in the User Manual. 

User Manual link is provided on Page 17 of this document as an 

Appendix. 

iv. DJI Phantom 3 Professional and Its Operation. 

A complete description of the operation and specifications of the DJI 

Phantom 3 Professional and flight control software is provided in the 
User Manual. User Manual link is provided on Page 17 of this 

document as an Appendix also with a preflight check list link. 

b. Flight Operations of DJI Phantom 3 Professional Are Limited to 

the Line of Sight of a Certificated Pilot in Command with A Safety 

Observer. 

Digital Media Solutions will only utilize certificated pilots who possess 

a current and valid airman medical certificate to act as a pilot in 

command (PIC) of the DJI Phantom 3 Professional. Additionally, a 

safety observer will assist all pilots during flight time. 

c. Flights of DJI Phantom 3 Professional Will Be Conducted 

Pursuant To Specific Operating Limitations. 

In seeking this exemption, Digital Media Solutions proposes to 

commercially operate DJI Phantom 3 Professional 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 

UASs weighing less than 55 pounds maximum gross weight: DJI 

Phantom 3 Professional Unmanned Aircraft System. Proposed 

operations of any other aircraft will require a new petition or a petition 

to amend this grant. 

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

operations for the purpose of aerial video and photography. 

3. The UAS may not be flown at an indicated airspeed exceeding 50 

knots. 

4. The UA must be operated at an altitude of no more than 400 feet 

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

the operating documents unless a special request is made and 

approved by ATC. All altitudes reported to ATC must be in feet AGL. 
5. The UAS must be operated within visual line of sight (VLOS) of the 

PIC at all times. This requires the PIC to be able to use human vision 

unaided by any device other than corrective lenses, as specified on 

the PIC’s FAA-issued airman medical certificate. 

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

(SO) is not permitted. 

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

used to satisfy the VLOS requirement as long as the PIC always 

maintains VLOS capability. The SO and PIC must be able to 

communicate verbally at all times. Electronic messaging or texting is 

not permitted during 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. 

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

component, maintenance, overhaul; replacement, inspection, and life 

limit requirements. 

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

record keeping requirements, in accordance with the operating 

documents. Maintenance, inspection, alterations, and status of 

replacement/overhaul component parts must be noted in the aircraft 

records, including total time in service, description of work 

accomplished, and the signature of the authorized person returning 

the UAS to service. 

15. Each UASs operated under this exemption must comply with all 

manufacturer Safety Bulletins. 

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

of the corrective action taken against discrepancies discovered 

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

least a current third- class medical certificate. 

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

meets the operator’s qualification criteria and demonstrates the ability 

to safely operate the UAS in a manner consistent with how the UAS 

will be operated under the exemption, including evasive and 

emergency maneuvers and maintaining appropriate distances from 

persons, vessels, vehicles and structures. PIC qualification flight 

hours must be logged in a manner consistent with 14 C.F.R. § 

61.51(b). Flights for the purposes of training the operator’s PICs are 

permitted under the terms of the exemption. However, training 

operations may only be conducted during dedicated training 

sessions. During training, proficiency, and experience-building flights, 

all persons not essential for flight operations are considered 

nonparticipants, and the PIC must operate the UA with appropriate 

distance from nonparticipants in accordance with 14 C.F.R. §91.119. 

19. UAS operations may not be conducted during night, as defined in 

14 C.F.R. § 1.1. All operations must be conducted under visual 

meteorological conditions (VMC). If flight at night is required, a special 

request will be made at the FAA office closest to proposed area of 

operations. Flights under special visual flight rules (SVFR) are not 

authorized. 

20. The UA may not operate within 5 nautical miles of an airport 

reference point as denoted on a current FAA-published aeronautical 

chart unless a letter of 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 predetermined location within the planned operating area 
and land or be recovered in accordance with the operating 

documents. 

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

obstacles or emergencies in accordance with the operating 

documents. 

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

wind and forecast weather conditions) there is enough power to fly at 

normal cruising speed to the intended landing point and land the UA 

with 25% battery power remaining. 

25. 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. 

26. 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. 

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

aviation operations and activities at all times. 

28. The UAS may not be operated by the PIC from any moving device 

or vehicle. 

29. 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. 

30. 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. 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, Digital Media Solutions requests that the FAA prescribe 

special conditions for the intended operation of the DJI Phantom 3 

Professional, which contain such safety standards that the 

Administrator finds necessary to establish a level of safety equivalent 

to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 

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

91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions will 

permit safe operation of the UAs for the limited purpose of 

conducting aerial video and photography over certain areas of the 

United States for compensation or hire. FMRA Section 333 sets forth 
the requirements for considering whether a UAS will create a hazard 

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

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

operate without airworthiness certification in accordance with any 

requirements that must be established for the safe operation of the 

UAS in the NAS. 

Likewise, the Administrator may prescribe special conditions 

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

Professional, 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 Digital Media 

Solutions intended operation of the DJI Phantom 3 Professional, 

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 

15" 

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 Digital Media Solutions Seeks 

Exemption: 

Digital Media Solutions 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 Digital Media 

Solutions Seeks: 

This exemption will permit Digital Media Solutions 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 Digital Media Solutions

Request. 

This Petition is made pursuant to the FAA Modernization and Reform 

Act of 2012 (FMRA) Section 333, which directs the Secretary of 

Transportation to determine if certain UAS may operate safely in the 

NAS. As such, Digital Media Solutions request for exemption may be 

granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. 

Part 11, as set forth above. FMRA Section 333 sets forth the 

requirements for considering whether a UAS will create a hazard to 

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

security; and further, provides the authority for such UAS to operate 

without airworthiness certification. As discussed in detail above, 

Digital Media Solutions will operate the DJI Phantom 3 Professional 

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

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

CONCLUSION 

As set forth herein, Digital Media Solutions seeks an exemption 

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

Modernization and Reform Act of 2012 (FMRA), which will permit safe 
operation of the DJI Phantom 3 Professional 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 

Digital Media Solutions to safely, efficiently, and economically operate 

the DJI Phantom 3 Professional commercially within the NAS. 

WHEREFORE, in accordance with the Federal Aviation Regulations 

and the FAA Modernization and Reform Act of 2012, Section 333, 

Digital Media Solutions 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 

Digital Media Solutions to operate the DJI Phantom 3 Professional 

commercially for the purpose of conducting aerial video and 

photography over certain areas of the United States. 

Dated: Thursday, October 1, 2015

Digital Media Solutions, Brooks Van Aken

108 Pratt St., North Adams, MI 49262

Appendices:

DJI Phantom 3 Professional Manufacturer User Guide / Pre-Flight 

Check List

http://www.dji.com/product/phantom-3/download

https://dl.dropboxusercontent.com/u/9600059/P3%20Checklist.pdf