January 28, 2016

U.S. Department of Transportation

Docket Management System

1200 New Jersey Avenue

SE Washington, DC 20590

Exemption request under Section 333 of the FAA Reform Act and Part 11 of the FAA 

Regulations and specific parts of the FARs.

To Whom It May Concern:

In order to provide safe aerial photography and videography for commercial use, I, Kyle 

O’ Donnell, pursuant of Section 333 of the FAA Modernization and Reform Act of 2012 

(“FRMA”), would like to submit a request for exemptions from the following Section 

333 regulations:

 14 C.F.R. Part 21

 14 C.F.R. 45.23(b)

 14 C.F.R. 61.113(a) and (b)

 14 C.F.R. 91.7(a)

 14 C.F.R. 91.9(b)(2)

 14 C.F.R. 91.119(c)

 14 C.F.R. 91.121

 14 C.F.R. 91.151(a)(1)

 14 C.F.R. 91.203(a) and (b)

 14 C.F.R. 91.405(a)

 14 C.F.R. 91.407(a)(1)

 14 C.F.R. 91.409(a)(1) and (2)

 14 C.F.R. 91.417(a) and (b)

I am requesting these exemptions to operate the DJI Phantom 3 Professional Unmanned 

Aircraft System (UAS) commercially along the guidelines of the operator’s manual as 

well as FAA guidelines for UAS flight.

Proposed UAS and Procedures

The DJI Phantom 3 Professional weighs 1280 grams, will always be flown under 500 feet 

via the software by its barometric sensors and GPS, carries no combustible fuel or crew, 

is electrically powered by a lithium ion battery, and will always be transported in proper 

storage to and from flight areas. The proposed exemptions would allow me to operate the 

DJI Phantom 3 Professional UAS for commercial use of aerial photography and 

videography as a service to public and business interests. Services including building 

inspection photography and videography, equipment monitoring, event and individual 

photography and videography, public and commercial photography and videography, 
remote observation, real estate photography and videography, agricultural photography 

and videography, and publishing marketing and advertising content on the Internet.

As evidenced by recent Exemption Numbers 12045 and 12058, the FAA recently 

approved similar use of the DJI Phantom 3 Professional UAS. The DJI Phantom 3 

Professional UAS has been proven to be a reliable and safe flying machine managed by

gyroscopically-stabilized flight, GPS-aided navigation, built-in compass, blinking LED 

lights, ground detection, a “Return to Home” mode for returning to the takeoff point, and 

propeller guards for protecting the UAS and the environment.

Specific section(s) of 14 CFR which I seek relief and the reason(s) for seeking relief:

14 C.F.R. Part 21: Airworthiness Certificates

Given the size and limited operating area associated with the DJI Phantom 3 Professional 

UAS, an exemption from Part 21 meets the requirements of an equivalent level of safety 

under Part 11 and Section 333 of the Reform Act. As shown in Exemption No. 12045, “in 

all cases, an analysis of these criteria demonstrates that the UAS operated without an 

airworthiness certificate, in the restricted environment and under the conditions proposed 

will be at least as safe, or safer, than conventional aircraft operating with an airworthiness 

certificate without restrictions and conditions proposed.”

14 C.F.R. 45.23: Display of Marks: General

Due to the DJI Phantom 3 Professional UAS not having a cabin, cockpit, pilot station, 

fuselage, boom, or tail on which to mark large words, numbers, or phrases, I request 

exemption from the above regulation. The UAS will have a small identification on it 

referring the UAS to my name and address.

14 C.F.R. 61.113(a) and (b): Private pilot privileges and limitations: Pilot in command

Under § 61.113(a) and (b), certified private pilots are limited to noncommercial 

operations. Though, I am able to maintain an equal level of safety through current FAA 

regulations of an UAS without such certification because of the safety features of the DJI 

Phantom 3 Professional. According to Exemption No. 12045, “The FAA has previously

declared that additional manned airship experience of a commercially certified pilot 

would not correlate to the airmanship skills necessary for similar proposed operations in 

previously issued exemptions to this regulation through Exemption Numbers 11062 and 

11138.” The risks of operating this particular UAS are much less than the risks associated 

with traditional aircrafts because of the DJI Phantom 3 Professional’s safety features that 

I stated above. Possessing a pilot certification or license does not guarantee remote 

piloting skills of an UAS. The FAA approved a similar exemption in Exemption No. 

12058.

14 C.F.R. 91.7: Civil Aircraft Airworthiness
There is no certificate that applies to the DJI Phantom 3 Professional UAS. Using the 

official operating manual, I am able to determine the airworthiness of the DJI Phantom 3 

Professional UAS. Written and signed pre-flight and post-flight inspections of the 

propellers, motors, frame, landing stands, camera and gimbal unit, connected tablet 

devices, a compass calibration and properly ensured GPS locks as indicated by the DJI 

Phantom’s display of “Safe to Fly” message will be performed before and after each 

flight, accurate records of which will be kept with the UAS’s storage and transportation 

system at all times. These records will be dated and will include the total flight time of 

each flight.

14 C.F.R. 91.119(c): Minimum Safe Altitudes

I, Kyle O’Donnell, will ensure that the UAS does not operate any higher than 500 at 

ground level by setting the maximum altitude to 500 feet in DJI’s pilot application and 

this will always be set before each flight as part of the pre-flight inspection. I will not fly

over heavily congested areas or directly above moving vehicles or unprotected people. 

Plans will be made for proper flight safety and analysis of the area to prevent collisions.

The GPS and barometric sensors equipped on the DJI Phantom 3 Professional will ensure 

accurate altitude readings that will be transferred to my tablet as I operate the UAS.

14 C.F.R. 91.121: Altimeter Settings

The DJI Phantom 3 Professional uses the latest GPS/GLONASS technologies as well as a 

barometric sensor with live data output to the tablet device attached to the transmitter. An 

equivalent level of safety and accurate altimeter telemetry will be achieved by doing this.

14 C.F.R. 91.151(a)(1): Fuel Requirements for Flight in VFR Conditions

The DJI Phantom 3 Professional runs on electrical power by lithium ion batteries that are 

made by DJI specifically for this aircraft. The battery supplies approximately 23 minutes 

of flight time. Because of the limitations of the batteries, it is presently impossible to 

comply with part 91.151.

14 C.F.R. 91.203 (a) and (b): Civil Aircraft: Certifications Required

There are no procedures for providing airworthiness certificates for the mentioned UAS. I

will always fly safely while abiding by the FAA regulations and manuals of the DJI 

Phantom 3 Professional UAS.

14 C.F.R. 91.405(a): Maintenance Required, 14 C.F.R. 91.407(a)(1): Operation After 

Maintenance, Preventative Maintenance, Rebuilding, or Alteration, 14 C.F.R. 

91.409(a)(1) and (2): Inspections and 14 C.F.R. 91.417 (a) and (b): Maintenance 

Records
I will perform both pre-flight and post-flight inspections of the DJI Phantom 3 

Professional UAS before and after each flight as outlined in the operating documents and 

as I mentioned before. I will follow the manufacturer recommendations from the 

operations manual and record any maintenance done to the UAS.

Interest and Safety of the Public:

Traditionally, people and businesses have had to hire manned aircraft and helicopters to 

capture aerial photography and video. This can be expensive, use up fuel, and potentially

endanger a crew that is on board. Manned aircraft and helicopters are a lot more 

hazardous than UAS. Offering my UAS services to the public and businesses can help 

people grow their business through marketing and advertising, inspect their buildings or 

operating machines for safety, help people remember a special occasion, and more.

The operation of the DJI Phantom 3 Professional UAS does not pose an immediate 

danger to the public due to there being no fuel, no crew, weighing under three pounds, a 

low maximum speed, and having propeller guards. DJI has a built in “No Fly Zone” for 

major cities and points of interest that have registered as a “Do Not Fly Zone.” The DJI 

Phantom 3 Professional cannot operate in these registered locations because flight 

capabilities become blocked by the UAS itself if within range. With its GPS and groundsensing capabilities, the UAS has a “Return To Home” mode that will safely return the 

UAS to the operator automatically when the craft is either low on power or operating 

outside of its transmitter’s range.

Conclusion

I, Kyle O’Donnell, seek an exemption from the following rules: 14 C.F.R. Part 

21, 14 C.F.R. 45.23(b), 14 C.F.R. 61.113(a) and (b), 14 C.F.R. 91.7(a), 14 C.F.R. 

91.9(b)(2), 14 C.F.R. 91.119(c), 14 C.F.R. 91.121, 14 C.F.R. 91.151(a)(1), 14 

C.F.R. 91.203(a) and (b), 14 C.F.R. 91.405(a), 14 C.F.R. 91.407(a)(1), 14 C.F.R. 

91.409(a)(1) and (2), 14 C.F.R. 91.417(a) and (b). With the exemptions of the 

above-mentioned rules I, Kyle O’Donnell, will make my UAS photography and 

videography services available to public and commercial interests. The FAA has 

authorized similar operations under Exemption Numbers 12045 and 12053. 

Alternatively, public and commercial interests previously sought the use of 

manned aircraft to accomplish what I can achieve in a safer, more 

environmentally friendly and cost-efficient method by not using combustible fuel, 

flying at safe heights, and strictly following the operation recommendations from 

DJI. Including but not limited to:

 Flying the DJI Phantom 3 Professional safely in accordance with its 

operator’s manual.

 Flying below 500 feet, using the DJI Phantom’s altitude limiter to ensure 

this.

 Completing thorough inspections of UAS before and after flights and 

keeping inspection records with the craft at all times.

 Keeping the UAS in visual sight at all times when in operation.
 Using an observer to assist if needed.

 Remaining safely clear of and not interfering with manned aircraft 

operations.

 Not flying directly over unprotected persons or moving vehicles.

 Not flying within 5 miles of an airport or control tower.

 Not flying in adverse weather conditions such as high winds, rain, or 

impaired visibility.

 Not flying under the influence of alcohol or drugs.

 Ensuring the operating environment is safe.

 Not flying over sensitive infrastructure or property such as power stations, 

water treatment facilities, correctional facilities, etc.

 Checking and following all local laws and ordinances before flying over 

private property.

 Not conducting surveillance or photographing people in areas where there 

is an expectation of privacy without the individual’s permission.

Thank you for taking the time to read and process this request and thank you for your 

commitment for the safe operations of UAS.

Sincerely,

Kyle O’Donnell

950 E. Rue De La Banque

Apt. 118

Creve Coeur, MO 63141