UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: 

ROBERT V. DRAPALA and RICHARD K. MCCLELLAND of 

BIRDS EYE VIEW, LLC

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF 

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS

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

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

OPERATION OF DJI PHANTOM 3 UNMANNED AIRCRAFT SYSTEMS

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012

(PUBLIC LAW 112-95)

Submitted on January 20,

2016

TABLE OF CONTENTS

Page

Robert Drapala

428 Cripps Drive

Mt. Holly, NJ 08060

609-346-2416

Richard McClelland

10 Sugarplum Rd

Levittown, PA 19056

215-208-4107

GLOSSARY OF ABBREVIATIONS 3

SUMMARY 4
INTRODUCTION AND INTERESTS OF PETITIONER 4

BACKGROUND 5

BASIS FOR PETITION 5

NAME AND ADDRESS OF PETITIONER 7
THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH BIRDS EYE VIEW 

LLC, SEEKS EXEMPTION 8

THE EXTENT OF RELIEF BIRDS EYE VIEW, LLC.SEEKS AND THE

REASON BIRDS EYE VIEW LLC SEEKS THE RELIEF 11

THE REASONS WHY GRANTING BIRDS EYE VIEW LLC,REQUEST 

WOULD BE IN THE PUBLIC INTEREST 14

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT 

ADVERSELY AFFECT SAFETY 17

CONCLUSION 32

GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration 

FAR Federal Aviation Regulation 

GCS Ground Control Station

GPS Global Positioning System

LOL Loss of Link

NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot in Command

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

Section 333

SO Safety Observer

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing

SUMMARY

BIRDS EYE VIEW LLC, owners 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 BIRDS EYE VIEW LLC to operate an Unmanned Aircraft System (UAS) for

the commercial purpose of conducting aerial video and photography for wedding 

videography, real estate photography, special events, film sets, inspections of roof 

tops, and landscape and seascapes over areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

BIRDS EYE VIEW LLC provides their clients with expert knowledge in 

advanced technologies and solutions to increase efficiency and safety in Unmanned 

Aircraft Systems (UAS) in aerial photography. BIRDS EYE VIEW LLC also provides its 

clients with the highest quality digital content for use in their commercial, personal, and 

non-profit multimedia projects.

ROBERT V. DRAPALA as a professional Military and Civilian pilot and 

holds FAA ATP and Flight Instructor Certificates in Rotorcraft Helicopter and 

Airplane. Robert V Drapala has over 41 years of professional experience in 

Military/Commercial Civilian Aerial Video Production, Still Oblique and 

Topographical Aerial Photography, Special Event and Commercial /Public 

Documentary experience in all aspects of aerial videography and photography.

Richard K McClelland is currently serving in the New Jersey Army National 

Guard as a Tactical Operations Officer for a UAV unit. He has over 30 year’s 

experience flying Military Helicopters and holds a FAA Commercial/Instrument 

Certificate in Rotorcraft/Helicopter. Richard works full time in the Infrastructure 

Technology (IT) field in New York City.

The objective of BIRDS EYE VIEW LLC operations is to provide the safest 

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

weddings use, specifically targeting:

 Motion Picture Filming

 Real Estate Commercial and Residential Photography

 Land survey & appraisals

 Equipment Inspections

 Commercial advertisement, book and magazine publishing photography.

 Increase public knowledge of UAS and promote safe UAS operations

 Public and Commercial Documentaries. 

 Wedding and Event Videography and Photography

BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 3, UASs

BIRDS EYE VIEW LLC seeks an exemption to operate DJI systemsfor

compensation or hire within the NAS. The DJI Phantom 3, and are vertical takeoff and 

landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS)
utilizing electronic tablet or smart phone systems. The DJI Phantom 3 has a maximum

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

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

The DJI Phantom 3 is equipped with four main rotors driven by Lithium Polymer battery

powered electric motors.

The DJI Phantom 3 UAS that will be operated by
Birds Eye View LLC will be registered in accordance with 49 U.S.C. 44103, 

Registration of Aircraft, as well as 14 C.F.R Part 47, Aircraft Registration, and marked

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

Registration number FA37AM49YR

BASIS FOR PETITION

Petitioner, Birds Eye View LLC, pursuant to the provisions of the Federal

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

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

Systems, hereby petitions the Administrator to commercially operate the DJI

Phantom 3, UASs in the National Airspace System (NAS), and for an exemption

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

91.405(a),

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

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

associated with the unmanned aircraft and its operation, Birds Eye View LLC

operation of DJI Phantom 3

UASs 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, Birds Eye View LLC DOES NOT NEED 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.

Birds Eye View LLC and submits that the requested relief is proper since an 

equivalent level of safety will be ensured. Birds Eye View LLC 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 (i.e., Monthly Maintenance Log, and DJI Phantom 3, 
Phantom and Instruction Manual). Furthermore, Birds Eye View LLC will document

and maintain all maintenance records for the DJI Phantom 3and UASs.

Does not need Relief from requirements of Section 61.113(a) and (b), entitled

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

View LLC to the extent necessary to allow a Pilot in Command (PIC) holding a

private pilot or higher
level certificate, as well as an airman medical certificate, and who has demonstrated, by 

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

operate the DJI Phantom 3, UASs in a manner consistent with this exemption, including

evasive and emergency maneuvers and maintaining appropriate distances from people,

vessels, vehicles and structures.

Birds Eye View LLC seeks relief from Section 91.7(a), entitled Civil aircraft 

airworthiness, because the DJI Phantom 3, UASs do not require an airworthiness

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

LLC submits that he will ensure that the DJI Phantom 3,UASs are in an airworthy

condition, prior to every flight, by determining that the UASs are in compliance with the

operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3, Instruction

Manual), and that the aircraft are in a condition for safe flight.

Birds Eye View LLC also seeks an exemption from the requirements of Section

91.121, entitled Altimeter Settings, as the DJI Phantom 3, UAS will not have a typical

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

will be provided to the PIC via Global Positioning System (GPS) equipment and radio

communicationstelemetry data link, which downlinks from the UA to the GCS for active

monitoring of the flight path. This altitude information, combined with Birds Eye View 

LLC operation of the DJI Phantom 3, UASs within visual line of sight, at or below 200

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

Additionally, Birds Eye View LLC seeks an exemption from the requirements

of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions Birds Eye 

View LLC submits that safety will not be affected by operation of the DJI Phantom 3, 

UAS during daylight hours in visual meteorological conditions (VMC) under visual

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

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, Birds Eye View LLC provides the

following information in support of its petition for exemption:

A. Name and Address of the Petitioner.

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

Birds Eye View LLC

Robert V Drapala

428 Cripps Drive

Mt. Holly, NJ 08060

Email: aerial12@verizon.net

 609-346-2416

Richard K. McClelland

10 Sugarplum Rd

Levittown PA 19056

B. The Specific Sections of 14 C.F.R. From Which Birds Eye View LLC Seeks

Exemption.

1. Birds Eye View LLC Does Not 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. Birds Eye View LLC Not Seek Exemption from The Requirements of Section

91.7(a).

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

following:

(a) No person may operate a civil aircraft unless it is in an airworthy condition.
3. Birds Eye View LLC Does Not Seek 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. Birds Eye View LLC Seeks Exemption from The Requirements of Section

91.151(b).

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

subsection

(b), states the following:

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

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

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

fly after that for at least 20 minutes.

5. Birds Eye View LLC Seeks Exemption From The Requirement Of Section

91.405(a).

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

following: Each owner or operator of an aircraft—

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

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

section, have discrepancies repaired as prescribed in part 43 of this chapter[.]
6. Birds Eye View LLC Seeks Exemption from The Requirements Of Section

91.407(a)(1)

Section 91.407, entitled Operation after maintenance, preventive maintenance, 

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

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

maintenance, preventive maintenance, rebuilding, or alteration 

unless--

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

43.7 of this chapter[.]

7. Birds Eye View LLC Seeks Exemption from The Requirements of Sections

91.409(a)(1) And 91.409(a)(2).

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

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

an aircraft unless, within the preceding 12 calendar months, it has had --

(1) An annual inspection in accordance with part 43 of this chapter and 

has been approved for return to service by a person authorized by §

43.7 of this chapter; or

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

accordance with part 21 of this chapter.

8. Birds Eye View LLC Seeks Exemption from The Requirements of Sections

91.417(a) And 91.417(b).

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

following:

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

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

periods specified in paragraph (b) of this section:

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

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

approved inspections, as appropriate, for each aircraft (including the 

airframe) and each engine, propeller, rotor, and appliance of an aircraft. 

The records must include--
(i) A description (or reference to data acceptable to the Administrator)

of the work performed; and

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

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

the aircraft for return to service.

(2) Records containing the following information:

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

propeller, and each rotor.

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

engine, propeller, rotor, and appliance.

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

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

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

since the last inspection required by the inspection program under 

which the aircraft and its appliances are maintained.

(v) The current status of applicable airworthiness directives (AD) and 

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

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

directive involves recurring action, the time and date when the next

action is required.

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

each major alteration to the airframe and currently installed engines, 

rotors, propellers, and appliances.

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

periods prescribed:

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

retained until the work is repeated or superseded by other work or for 1 

year after the work is performed.

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

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

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

43.11 of this chapter shall be retained until the defects are repaired and the
aircraft is approved for return to service.

C. Does Not Seek Relief Birds Eye View LLCAnd The Reason Seeks The Relief.

1. Extent of Birds Eye View LLC Seeks and The Reason

Seeks Birds Eye View LLC 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, Birds Eye View LLC submits that an equivalent

level of safety will be maintained because no PIC will be allowed to operate the

DJI Phantom 3, 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, UAS in a manner consistent with the operations specifications 

as described in this exemption, including evasive and emergency maneuvers, as 

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

structures.

Further, Birds Eye View LLC submits that all flights of the DJI Phantom 3, 

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

incidental to Birds Eye View LLC business; and (2) will not carry passengers or

property for compensation or hire.
2. Extent of Relief Birds Eye View LLC Seeks and The Reason

Birds Eye View LLC Seeks Relief from Section 91.7(a).

Relief from Section 91.7(a) entitled Civil aircraft airworthiness, is requested to
the extent required to allow Birds Eye View LLC to determine that the DJI Phantom 3, 

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

compliance with the operating documents (i.e., the Birds Eye View LLC Aerial

Operations Manual, Monthly Maintenance Log, and DJI Phantom 3, Instruction

Manual).

Birds Eye View LLC Does Not seek relief because the DJI Phantom 3, UASs 

do not require an airworthiness certificate in accordance with 14

C.F.R. Part 21, Subpart H. Therefore, Birds Eye View LLC will ensure that the DJI

Phantom3, UASs are in airworthy condition based upon its compliance with the operating

documents (i.e., Monthly Maintenance Log, and DJI Phantom 3, Instruction Manual) prior

to every flight, and further, determine that the aircraft are in condition for safe flight, as 

stated in the conditions and limitations below.

3. Extent of Relief Birds Eye View LLC Seeks And The Reason

Birds Eye View LLC and 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, UASs, which utilize a barometric pressure

sensor, GPS equipment, and a radio communications telemetry data link to downlink

altitude information from the UA to the PIC at the ground control station (GCS). Since

the FAA requires that any altitude information concerning UAS operations be reported

to air traffic control (ATC) in feet above ground level (AGL),

Birds Eye View LLC seeks the requested relief because the DJI Phantom 3, UASs 

altimeter may be set on the ground to zero feet AGL, rather than the local barometric

pressure or field altitude, before each flight.

Considering the limited altitude of the proposed operations, relief from 14 CFR

91.121 is sought to the extent necessary to comply with the applicable conditions and 

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

be maintained since the DJI Phantom 3, UAS are equipped with
a barometric pressure sensor and GPS equipment, which automatically ensures that a 

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

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

4. Extent of Birds Eye View LLC Seeks and The Reason

Birds Eye View LLC Seeks Relief from Section 91.151(b).

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

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

Phantom 3, UAS during daylight hours in visual meteorological conditions (VMC), 

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

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

minutes. Birds Eye View LLC seeks the requested relief because without an exemption

from Section 91.151(b), the flight time duration of the battery powered DJI Phantom 3, 

UAS will severely constrain the practicality of any aerial video or still photo flight

operations that Birds Eye View LLC proposes to conduct pursuant to this Petition.

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

UASs, operating documents proposed operating limitations, ensure that Birds Eye View 

LLC will safely operate the battery powered DJI Phantom 3

UAS during daylight hours in visual meteorological conditions (VMC), under visual 

flight rules (VFR), with enough battery power to fly for a total duration of 13.5 minutes

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

for at least 4.5 minutes.

5. Extent Of Relief Birds Eye View LLC Seeks And The Reason Birds Eye 

View LLC Seeks Relief From Sections 91.405(a), 91.407(a)(1), 91.409(a)(1)

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

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

only apply to aircraft with an airworthiness certificate, Birds Eye View LLC requests

relief from these Sections because the DJI Phantom 3, UASs do not require airworthiness

certificates. As set forth more fully below, the DJI Phantom 3,
UASs meet the conditions of FMRA Section 333 for operation without an airworthiness

certificate. Accordingly, Birds Eye View LLC will use trained technicians to perform

maintenance, alterations, or preventive maintenance on the UASs

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

(i.e., the Birds Eye View LLC Aerial Operations Manual, Monthly Maintenance Log, 

and DJI Phantom 3, Instruction Manual). Furthermore, Birds Eye View LLC will

document and maintain all maintenance records for the DJI Phantom 3, UASs.

D. The Reasons Why Granting Birds Eye View LLC Request Would Be in The

Public Interest; That Is, How It Would Benefit the Public as A Whole.

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

Eye View LLC to safely, efficiently, and economically perform aerial video and 

photography of construction sites, real estate, and landscape over certain areas of the

United States.

Additionally, use of the DJI Phantom 3, UASs will decrease congestion of the

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

benefits of Birds Eye View LLC proposed operation of the DJI Phantom 3, UASs will

be realized without implicating any privacy issues.

1. The Public Will Benefit from Decreased Congestion of The NAS.

The DJI Phantom 3, UAS are battery powered and serve as a safe, efficient, and 

economical alternative to the manned aircraft traditionally utilized to obtain aerial

imagery. By reducing the amount of manned aircraft needed to perform aerial

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

amount of manned aircraft in the NAS, reduce noise and

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

ground.

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

congestion around airports caused by arriving and departing aircraft will be reduced. The
DJI Phantom 3, UAS do not require an airport to takeoff or land.

Likewise, a reduction of manned aircraft conducting aerial video and photography 

missions would result in fewer aircraft that must be handled by air traffic control during 

the ground, takeoff, departure, arrival, and landing phases of flight operations.

2. The Public Will Benefit from The Safety and Efficiency of The

DJI Phantom 3, UASs.

Conducting aerial acquisitions with the DJI Phantom 3

UASs, instead of manned aircraft, will greatly benefit the public by drastically reducing 

the levels of air and noise pollution generated during traditional aerial video and still 

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

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

conscious alternative to the cabin class, six-cylinder internal combustion engine aircraft

that are typically utilized for aerial video and photography, while burning

approximately 20-30 gallons per hour of leaded aviation fuel. The DJI Phantom 3, 

UAS, while reducing the carbon footprint of aerial

acquisitions, also eliminates noise pollution, as the UAS are propelled by battery powered 

electric motors, rather than an internal combustion engine.

By using the DJI Phantom 3, UASs to perform aerial acquisitions, the substantial

risk to life and property in the air and on the ground, which is usually associated with 

traditional manned aircraft flight operations, will be substantially reduced or completely

eliminated. Aside from the lack of flight crew members located onboard the aircraft, the

DJI Phantom 3, UAS (weighing approximately 2 pounds 11 ounces, at their maximum

gross weights with lengths 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).
3. Performing Aerial Video and Photography Operations with The 

DJI Phantom 3, UASs Will Benefit the Economy.

In addition to being safe and efficient, the DJI Phantom 3, UASs are also an

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

such, operation of the DJI Phantom 3, UASs will allow United States based companies,

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, UASs is one such technology that not only allows

companies greater operational flexibility compared to manned aircraft, but provides such

flexibility without the high operational cost of a traditional manned aircraft.

By operating the DJI Phantom 3, UASs, companies such as Birds Eye View LLC,

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

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

economy. Improved financial performance of U.S. companies, through commercial use of

the DJI Phantom 3, UASs, provides a stable workforce that increases consumer spending;

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

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

4. There Are No Privacy Issues.

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

decades, Birds Eye View LLC proposed operation of the DJI Phantom 3, UASs will not

implicate any privacy issues. Specifically, the DJI Phantom 3, UASs will be operated

only in compliance with operating documents (i.e., the Birds Eye View LLC Aerial

Operations Manual, Monthly Maintenance Log, and DJI Phantom 3, Instruction Manual)

which requires property owner involvement as well as local law enforcement

notification, and in accordance with the Federal Aviation Regulations, including the

minimum altitude requirements of 14 C.F.R. § 91.119.
E. The Reasons Why Granting the Exemption Would Not Adversely Affect 

Safety, Or How The Exemption Would Provide A Level Of Safety At Least 

Equal To That Provided By The Rule From Which Birds Eye View LLC 

Seeks Exemption.

1. Reasons Why The DJI Phantom 3, UAS Meet the Conditions of The

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

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

with the unmanned aircraft and its operation, Birds Eye View LLC operation of the

DJI Phantom 3, UASs meet the conditions of FMRA Section 333, and will not require

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

Section 333 provides authority for a UAS to operate without airworthiness 

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

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

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

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

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

of Transportation shall determine if certain unmanned aircraft systems may 

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

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

by section 334 of this Act.

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

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

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

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

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

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

a threat to national security; and

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

airworthiness certification under section 44704 of title 49, United 

States Code, is required for the operation of unmanned aircraft 

systems identified under paragraph (1).

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

section that certain unmanned aircraft systems may operate safely in the 

national airspace system, the Secretary shall establish requirements for the 

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

In seeking this exemption, Birds Eye View LLC submits that the DJI Phantom 3, 

UASs can operate safely in the NAS pursuant to FMRA Section

333, as demonstrated by: (a) the characteristics of the DJI Phantom 3, UASs; (b) the

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

a. The Specifications of The DJI Phantom 3,

UASs Demonstrate Its Safe Characteristics.

The DJI Phantom 3, UASs do not create a hazard to

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

its size, weight, speed, and operational capability.

i. Technical Specifications of The DJI Phantom 3, UASs.

The technical specifications of the DJI Phantom 3, UASs are set forth by the DJI

Phantom 3, Specifications and Data Sheet, attached here to as Exhibit A and B.

ii. The DJI Phantom 3, UASs Autonomous Flight and Navigation

Modes Enable The UASs to Remain Within a Defined Operational

Area.

The DJI Phantom 3, UASs may be operated in both
manual and fully autonomous flight modes. A complete description of the flight and 

navigational modes of the DJI Phantom 3 and Phantom are provided at pages 24-30 of

the DJI Phantom 3 user manual, attached hereto as Exhibit B.

iii. The DJI Phantom 3, UASs Are Designed

For Automatic Return to Home Point or Hover in The Event Of

Loss of The Control Link or Navigation.

When the Control Link is lost, the DJI Phantom 3, UAS will remain stationary,

in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 3, UAS do not

reacquire control link data from the GCS, the UAS will assume that the Control Link is 

lost and the UAS will return to the home position (i.e., failsafe mode) via GPS, and will

descend to the takeoff position and shutdown.

A complete description of the Failsafe Functions of the DJI Phantom 3 UAS are 

set forth at pages 24 through 30 of the DJI Phantom 3, User Manuals, attached hereto as 

Exhibit B.

iv. The DJI Phantom 3, GCS and Its Operation.

A complete description of the operation and specifications of the DJI Phantom 3, 

GCS and flight control software is provided at pages 32 through

43 of the DJI Phantom 3, Phantom User Manual

User Manual. DJI Phantom 3, A2 Flight Control System User

Manuals are attached hereto as Exhibits B.

b. Flight Operations of DJI Phantom 3, UASs Are Limited to The Line

of Sight of a Certificated Pilot in Command with A Safety Observer.

Birds Eye View LLC will only utilize certificated pilots who possess a current

and valid airman medical certificate to act as a pilot in command (PIC) of the DJI

Phantom 3, UASs. Additionally, a safety observer will assist all pilots

during flight time.
c. Flights of DJI Phantom 3, UASs Will Be

Conducted Pursuant to Specific Operating Limitations.

In seeking this exemption, Birds Eye View LLCproposes to commercially

operate DJI Phantom 3, UASs 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, 

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 200 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 nonparticipantsin accordance with 14 C.F.R. §

91.119.

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

1.1. All operations must be conducted under visual meteorological conditions

(VMC). If flight at night is required, a special request will be made at the

FAA office closest to proposed area of operations. Flights under special visual

flight rules (SVFR) are not authorized.

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

point as denoted on a current FAA-published aeronautical chart unless a letter 

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

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

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

to the Administrator upon request.

21. The UA may not be operated less than 500 feet below or less than 2,000 

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

from the PIC.

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

to a pre- determined location within the planned operating area and land or 

be recovered in accordance with the operating documents.

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

or emergencies in accordance with the operating documents.

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

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

cruising speed to the intended landing point and land the UA with 25%
battery power remaining.

25. The operator must obtain an Air Traffic Organization (ATO) issued 

Certificate of Waiver or Authorization (COA) prior to conducting any 

operations under the grant of exemption. This COA will also require the

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

advance, but not less than 48 hours prior to the operation. All operations shall 

be conducted in accordance with airspace requirements in the ATO issued 

COA including class of airspace, altitude level and potential transponder 

requirements.

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

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

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

Subpart C. Markings must be as large as practicable.

27. Before conducting operations, the radio frequency spectrum used 

for operation and control of the UA must comply with the Federal 

Communications Commission (FCC) or other appropriate government 

oversight agency requirements.

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

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

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

Administrator or any law enforcement official upon request.

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

aviation operations and activities at all times.

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

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

nonparticipating persons (persons other than the PIC, SO, operator trainees or 

essential persons), vessels, vehicles, and structures unless:
a. Barriers or structures are present that sufficiently protect 

nonparticipating persons from the UA and/or debris in the event of an 

accident. The operator must ensure that nonparticipating persons 

remain under such protection. If a situation arises where 

nonparticipating persons leave such protection and are within 500 feet 

of the UA, flight operations must cease immediately and/or;

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

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

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

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

an undue hazard, and;

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

persons do not present an undue hazard to those persons per §

91.119(a).

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

property with permission from the land owner/controller or authorized 

representative. Permission from land owner/controller or authorized 

representative will be obtained for each flight to be conducted.

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

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

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

hours. Accidents must be reported to the National Transportation Safety 

Board (NTSB) per instructions contained on the NTSB Web site: 

www.ntsb.gov.

2. Reasons Why an Exemption from The Requirements of Section N/A**

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

Birds Eye View LLCsubmits that the equivalent level of safety established by

Section

61.113(a) and (b) will be maintained because no PIC will be allowed to operate the DJI 

Phantom 3, UASs unless that PIC has demonstrated, by meeting
minimum flight-hour and currency requirements, that the PIC is able to safely operate the 

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

emergency maneuvers and maintaining appropriate distances from people, vessels,

vehicles and structures.

Considering Robert V Drapala and Richard K McClelland proposed area of

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

pilot aeronautical knowledge requirements to those of commercial pilot requirements

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

Phantom 3, UAS, Robert V Drapala and Richard K McClelland submits that the

additional manned airmanship experience of a commercially certificated pilot would

correlate to the airmanship skills necessary for Robert V Drapala and Richard K 

McClelland specific proposed flight operations.

Birds Eye View LLC will not allow any PIC to operate the DJI Phantom 3, UAS

unless that PIC has demonstrated, by meeting minimum flight-hour requirements or the

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

operate the DJI Phantom 3, UAS in a manner consistent with this exemption, including

evasive and emergencymaneuvers and maintaining appropriate distances from people,

vessels, vehicles and structures.

Specifically, the PIC must have accumulated and logged, in a manner consistent 

with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a 

minimum of 5 hours of those hours as a UAS pilot operating the same make and model of 

UAS to be used for operations under the exemption). In addition to the hour requirements, 

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

purposes).

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

experience that was obtained in compliance with applicable regulations will ensure

an equivalent level of safety during Birds Eye View LLC 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 hours

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

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

included in the total 25 hours of UAS rotorcraft time. In addition to the hour 

requirements, the PIC must accomplish 3 takeoffs and landings in the preceding

90 days (for currency purposes). The FAA finds that at a minimum, the flight- hour

requirements in Exemption No. 11062 are appropriate to practice and build 

proficiency in the skills necessary to safely conduct the petitioner’s proposed 

operations. The FAA also finds that prior documented flight experience that was 

obtained in compliance with applicable regulations would satisfy this requirement. 

Training, proficiency, and experience-building flights can also be conducted

under the grant of exemption to accomplish the required flight time. During 

training, proficiency, and experience-building flights the PIC is required to

operate the UA with appropriate distances in accordance with 14 C.F.R 91.119.

Exemption No. 11138 at page 15.

Accordingly, Birds Eye View LLC will ensure safe operations by not allowing

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

meeting minimum flight-hour and currency requirements, that the PIC
is able to safely operate the DJI Phantom 3, UAS in a manner consistent with the

exemption, including evasive and emergency maneuvers and maintaining appropriate

distances from people, vessels, vehicles and structures.

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, Birds Eye View LLC will ensure that the DJI Phantom 3

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

documents and as stated in the conditions and limitations herein.

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

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

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

11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

4. Reasons Why an Exemption from The Requirements Of Section 91.121

Would Not Adversely Affect Safety.

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

because the altitude information of the DJI Phantom 3, 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 Birds Eye View LLC operation of

the DJI Phantom 3, UAS within visual line of sight, at or below

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

information will be generated by GPS equipment installed onboard the aircraft. Prior to 

each flight, a zero altitude initiation point is automatically established by the UASs at 

ground level.

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

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

Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138,
11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

5. Reasons Why an Exemption from The Requirements of Section

91.151(b) Would Not Adversely Affect Safety.

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

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

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

location of the proposed flight operations. Accordingly, Birds Eye View LLC will ensure

that it will safely operate the battery powered DJI Phantom 3, 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

3, UASs; the limitations on the proposed flight operations; and the location of the

proposed operations, will ensure an equivalent level of safety established by 14 C.F.R. 

Section 91.151(b). Furthermore, safety will be ensured as the DJI Phantom 3, UASs 

provide audible and visual warnings to the PIC at the GCS when the UAS experiences

low battery voltage, the first warning occurring at approximately 33% remaining battery

power, and again at approximately

10% remaining battery power. At the critically low battery level, the DJI Phantom 3

UASs will descend and land automatically.

Significantly, previous exemptions granted by the FAA concerning Section

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

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

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

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

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

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

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

11153, 11156, 11157, 11158, 11159, 11160, 11161).
6. Reasons Why an Exemption from The Requirements of Sections

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

Not Adversely Affect Safety.

In seeking this exemption, Robert V Drapala and Richard K McClelland 

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

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

(a)(2), and 91.417(a) & (b) will be met because Robert V Drapala and Richard K 

McClelland will use trained technicians to perform maintenance, alterations, or

preventive maintenance on the UASs using the methods, techniques, and practices

prescribed in the operating documents (i.e., the Robert V Drapala and Richard K 

McClelland Aerial

Operations Manual, Monthly Maintenance Log, and DJI Phantom 3, Instruction

Manual). Furthermore, Birds Eye View LLC will document and maintain all

maintenance records for the DJI Phantom 3, UASs.

Since the DJI Phantom 3, Birds Eye View LLC UASs will be inspected as 

prescribed by the operating documents, Birds Eye View LLC will maintain the equivalent 

level of safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy 

of the DJI Phantom 3, User Manuals are attached hereto as Exhibit B; a copy of the DJI

Phantom 3, UAS Maintenance LOG is attached hereto as Exhibit C.

Likewise, the exemption sought will not adversely affect safety because Birds Eye 

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

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

operating documents.

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

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

DJI Phantom 3, UASs will be performed by trained technicians. Maintenance will be

documented and maintained utilizing the monthly maintenance log.

Significantly, previous exemptions granted by the FAA concerning Sections

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety 
is not adversely affected when the technical characteristics and operating limitations of
the UAS are considered.

In consideration of Birds Eye View LLC proposed operating limitations, the 

operating documents, and the technical aspects of the DJI Phantom 3, UASs Birds Eye 

View LLC submits that safety will not be adversely affected by granting exemption

from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2),

91.409(a)(2), and 91.417(a) and (b). The FAA has previously granted relief specific to 

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

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

11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

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

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

2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, Birds Eye View LLC 

requests that the FAA prescribe special conditions for the intended operation of the DJI 

Phantom 3, UASs, which contain such safety standards that the Administrator finds 

necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part

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

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

special conditions will permit safe operation of the UAS for the limited purpose of 

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

compensation or hire. FMRA Section 333 sets forth the requirements for considering 

whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a 

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

without airworthiness certification in accordance with any requirements that must be 

established for the safe operation of the UAS in the NAS.

Likewise, the Administrator may prescribe special conditions pursuant to 14

C.F.R.

§ 21.16, for operation of the DJI Phantom 3, UASs, since the airworthiness regulations of

14 C.F.R. Part 21 do not contain adequate or appropriate safety standards, due to the novel

or unusual design features of the aircraft. Section 21.16,
entitled Special Conditions, states the following:

If the FAA finds that the airworthiness regulations of this subchapter do not 

contain adequate or appropriate safety standards for an aircraft, aircraft engine, or 

propeller because of a novel or unusual design feature of the aircraft, aircraft 

engine or propeller, he prescribes special conditions and amendments thereto for 

the product. The special conditions are issued in accordance with Part 11 of this 

chapter and contain such safety standards for the aircraft, aircraft engine or 

propeller as the FAA finds necessary to establish a level of safety equivalent to 

that established in the regulations.

See 14 C.F.R. § 21.16.

Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the 

FAA may prescribe special conditions for Leading Edge’s intended operation of the DJI 

Phantom 3, UASs, which contain such safety standards that the Administrator finds 

necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, 

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

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

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

(some FARs are N/A) ************

Rules from Which Birds Eye View LLC Seeks Exemption:

Birds Eye View LLC seeks exemption from the requirements of 14 C.F.R Sections

61.113(a)&(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1)

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

A Brief Description of the Nature of the Exemption Birds Eye View LLC 

Seeks:

This exemption will permit Birds Eye View LLC to commercially operate an 

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

photography over certain areas of the United States.

• Any Additional Information, Views, Or Arguments Available to Support

Birds Eye View LLC Request.

This Petition is made pursuant to the FAA Modernization and Reform Act of
2012

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

certain UAS may operate safely in the NAS. As such, Birds Eye View LLC 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, Birds Eye View LLC will operate the DJI

Phantom 3, UASs safely in the NAS, without creating a hazard to users of the NAS, or

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

CONCLUSION

As set forth herein, Birds Eye View LLC seeks an exemption pursuant to 14 C.F.R.

§11.61 and Section 333 of the FAA Modernization and Reform Act of 2012

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

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

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

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

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

the interests of the public, by allowing Birds Eye View LLC to safely, efficiently,

and economically operate the DJI Phantom 3, UASs commercially within the NAS.

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

Modernization and Reform Act of 2012, Section 333, Birds Eye View LLC respectfully 

requests that the Administrator grant this Petition for an exemption from the requirements 

of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1),

91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit Leading Edge to operate the DJI 

Phantom 3, UASs commercially for the purpose of conducting

aerial video and photography over certain areas of the United States.
Dated: February 1 2016

Appendices:

Respectfully submitted, 

Robert V Drapala and 

Richard K. McClelland

A – DJI Phantom 3 Specifications Data Sheet

B – DJI Phantom 3 Manufacturer’s User Manual

C – Monthly Maintenance Log

APPENDIX – A

DJI PHANTOM 3 TECHNICAL SPECIFICATIONS

Birds Eye View LLC only utilizes safe and reliable UASs. DJI is an industry leader in 

small UAS production. DJI UASs are loaded with ground breaking software enabling the

user to set parameters which will not allow flight into controlled airspace. Parameters can 

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

limit flight to a predetermined and set distance. In addition, DJI software provides realtime altitude and location information to the PIC via the linked monitor (smart

phone/tablet devices)

1.1 DJI Phantom 3

1.1.1 Aircraft

1.1.1.1 Supported Battery – DJI 6000mAH LiPo 2S Battery

1.1.1.2 Weight (Battery & Propellers Included) – 2lbs 11.810oz (1280g)

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

1.1.1.4 Max Yaw Angular Velocity - 2000/s

1.1.1.5 Max Tilt Angel - 350

1.1.1.6 Max Ascent Speed – 5m/s

1.1.1.7 Max Descent Speed – 3m/s

1.1.1.8 Max Flight Speed – 16m/s (ATTI MODE, no wind)

1.1.2 Gimbal

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

1.1.2.2 Control Accuracy - ±0.030

1.1.2.3 Controllable Range – Pitch: -90O - +30O
1.1.2.4 Maximum Angular Speed – Pitch: 900/s

1.1.3 Camera

1.1.3.1 Operating Temperature Range - 320F - 1040F (00C - 400C)

1.1.3.2 Sensor Size – 1/2.3”

1.1.3.3 Effective Pixels – 14M

1.1.3.4 Resolution – 4384x3288

1.1.3.5 HD Video Recording – 1080p30 & 720p

1.1.3.6 Recording Field of View – 940/850

1.1.4 Transmitter

1.1.4.1 Operating Frequency – 5.728GHz – 5.85GHz

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

1.1.5.2 Communication Distance (unobstructed) – 500-700m

APPENDIX –

B

DJI Phantom 3 Manufacturer’s User

Manual

Attached
APPENDIX –

C

MONTHLY$MAINTENANCE$LOG

month: year:

UAS$#:

Date

(Issue)

Discover

ed

Date

(Issue)

Address

ed

Issue (Description & Maintenance

Conducted)

Maintenance

(Performed by)

Print &

Sign

Software

(Updates

Airframe (

Engines

Propellers

Camera

Landing Gear

(Gear

VibrationDa 

DDDamDD Other: