November, 20, 2015

U.S. Department of 

Transportation Docket 

Management System

1200 New Jersey Ave., SE Washington, DC 20590

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 

11 of the Federal Aviation

Regulations from: 14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a) and (b); 

14 CFR 91.7(a); 14 CFR 91.9(b)(2); 14 CFR 91.103; 14 CFR 91.109; 14 CFR 

91.119(c); 14 CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.203 (a) and (b); 14 CFR 

91.405 (a); 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a)(1) and (2); 14 CFR 91.417(a) 

and (b)

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the "Reform 

Act") and 14 CFR Part 11, Nicholas Martino, DBA "4 Rotors Technologies," operator of 

the DJI Phantom model 3 Small Unmanned Aircraft System (UAS), hereby applies for an 

exemption from the listed Federal Aviation Regulations ("FARs") to allow commercial 

operation of designated UAS, provided such operations are conducted within and under 

the conditions outlined herein or as may be established by the FAA as required by 

Section 333.

Commercial operation of an UAS, as described herein, which are equipped with 

camera(s) and sensors, would provide professional services in the following areas:

1. Aerial photography and/or video for public and/or private use including real 

estate, architecture, land surveying, engineering and other related professional 

activities.

2. Aerial video and/or photography for public and/or private use including television, 

public events, cinematography and newsgathering.

3. Aerial inspection/photography of residential/commercial structures under contract 

with the owners or local government authority.

4. Aerial inspection/photography of residential/commercial utility infrastructure including 

but not limited to electrical power lines, wind turbines and cell towers.
5. Aerial video/photography or providing live video feed to assist with search and 

rescue operations in cases of an emergency or natural disaster only when the local 

authorities or government has requested it by contract or donation. Nicholas A 

Martino, DBA "4 Rotors Technologies", will operate one or more of the 

following model UAS:

1. DJI Phantom 3 Professional+ with the following specifications:

 Phantom Aircraft

o Flight time

24 minutes

o Height

190mm

o Diagonal Length Without Rotors Installed

590mm

o Propellers

9.5 x 5” self-tightening propellers

o Weight Without Battery and Payload

1.8 lbs.

o Weight With Battery and 

Payload 2.8 pounds

o Battery

3S 11.1 volt 5100mAh 8C Lithium Polymer pack

o Charger

Lithium Polymer AC/DC Intelligent Balancing charger

o Transmitter

9 channel 915MHz

Given the small size of the UAS in scope and the controlled environment provided, the 

proposed operations will adhere to the Reform Act's safety requirements. The approval

of this application presents no national security issues. Regarding the level of safety 

surrounding the proposed operations and the public benefit, reduction in environmental 

impacts, including but not limited to reduced emissions and noise, the grant of the 

requested exemption is in the public interest. Accordingly, the applicant graciously 

requests that the FAA grant the requested exemption.
AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The operation limitations proposed for an equivalent or higher level of safety 

because operations will further enhance the safety of the persons and/or property 

using conventional aircraft. These limitations and conditions to which the applicant 

agrees to adhere to when conducting commercial operations under the FAA issued

exemption as set forth in the Flight Operations Manual (FOM) include:

1. The UAS will weigh significantly less than 55 lbs. It weighs less than 4 pounds with 

battery and camera.

2. The UAS, depending on the model in operation, will have a maximum operating 

speed of no more than 70 MPH.

3. Flights will be operated within line of sight of the Pilot in Command (PIC) and/or 

Visual Observer (VO).

5. Maximum flight time for each operational flight will be depending on the UAS 

model in operation, but will not exceed 24 minutes. Flights will be terminated at 25% 

battery power reserve or 24 minutes of flight time whichever occurs first. Flights will 

be operated at an altitude of no more than 400 feet Above Ground Level (AGL) and 

not more than 200 feet above an elevated platform from which filming is planned.

6. Minimum crew for each operation will consist of the UAS Pilot and at least one 

Visual Observer (VO), and may include a third, but separate, Camera Operator 

(CO).

7. The UAS pilot will be a designated Pilot in Command (PIC). The PIC will have 

logged a minimum of 20 hours on the designated UAS.

8. A safety briefing will be performed prior to each day's flights consisting of all 

the days' production activities.

9. All flight activities will be logged.

10. All flights will occur under Visual Flight Rules Meteorological Conditions (VMC) only.

11. The flights will occur in Class G airspace no closer than a 5mile radius of the 

geographic center/Airport Reference Point (ARP) of a tower controlled or uncontrolled 

airport.
12. Flights will not be closer than a 5 mile radius of the geographic center/Airport.

13. The operator will file FAA Form 77111, or its equivalent, as modified in light of the 

requested exemption, with the appropriate local Flight Standards District Office (FSDO) 

no more than 72 hours but no less than 48 hours from planned operation.

14. The operator will obtain verbal/written consent of all persons involved with the 

planned operation and ensure that only consenting persons will be allowed within 100 

feet of the flight operation, and the radius may be reduced to 30 feet based upon an 

equivalent level of safety determination, as U.S. Department of Transportation required 

under the FOM. With the advanced permission of the FSDO, operations at closer 

range may be approved.

15. The PIC and VO will have been trained in operation of UAS and receive up

to date information for the particular UAS to be operated.

16. The PIC and VO will be able to communicate by voice and/or radio at all times.

17. Written and/or verbal permission and permits will be obtained from territorial, state, 

county or city jurisdictions, including law enforcement, fire or other appropriate 

governmental agencies as appropriate to flight operations.

18. if the UAS loses communications with the remote controller or loses GPS signal, 

the UAS will have the capability to return to a predetermined location within a 

designated location and land autonomously.

Grant of the exemption to Nicholas Martino, DBA “4 Rotors Technologies” will be 

subject to the following mandatory conditions, which are based upon operating 

conditions set forth for operation of UAS by public entities pursuant to Certificates of 

Authorization, with additional restrictions:

 All operations to occur in Class G airspace

 Operations to avoid congested or populated areas, which are depicted in yellow on 

VFR charts

 Operations to be conducted over private or controlled-access property

 Permission from land owner/controller required before commencing any flight

 Operations to occur during Visual Flight Rules Meteorological Conditions (VMC)

 Aircraft to remain within Visual Line of Sight (VLOS)

o VLOS guaranteed with a cylinder of operation around operator of 1/2 

nautical miles (NM)

o Cylinder walls may be expanded by additional observer's

 Operations to occur during daylight hours
 Above Ground Level (AGL) altitude to be restricted to 400 feet

 All operations conducted in vicinity of airport to remain more than 2.5 NM from 

centerline azimuth of runway centerline measured from runway thresholds

 All required permissions and permits will be obtained from territorial, state, county 

or city jurisdictions, including local law enforcement, fire, or other appropriate 

governmental agencies

Operator Requirements

Nicholas Martino, DBA “4 Rotors Technologies” respectfully proposes that operator 

requirements should take into account the characteristics of the particular UAS. 

Certain UASs, such as the DJI Phantom 3, are characterized by a high degree of preprogrammed control and various built-in technical capabilities that limit the potential 

for operation outside of the operating conditions set forth above.

The DJI Phantom 3 has a semi-autonomous navigation and control system comprised 

of a Ground Control Station (GCS), GPS stabilization and auto-pilot system. In the 

case of unplanned events, the operator can allow the aircraft to follow the preprogrammed evasive maneuvers from the control unit or enable assisted steering for 

direct control. Pre-programmed maneuvers include initiation of holding at present 

position; suspension of mission; fly back to launch point; fly to point and hold; abort 

mission and land; and emergency power cut off and land (Flight Termination System).

Additional automated safety functions and safety enhancing features of the DJI 

Phantom 3 include the following:

 Detection of lost GPS signal will initiate a return to launch program, 

allowing the operator time to take control if necessary. The GCS produces 

an audible message of the battery level every 15-60 seconds (this can be 

adjusted). At 10.2V (this can be adjusted) overall pack voltage the aircraft 

will automatically land.

 On-board failsafe limits aircraft descent speed to a maximum of 

approximately 5 m/s

 The aircraft, weighing less than 4 Ib., fully loaded, is constructed of high 

impact plastic or similar material which is intended to absorb impact 

energy.

 The motor is driven by a pulse width modulated signal, not an analog 

signal.

In summary, applicant seeks an exemption from the FARs set forth above and in 

Appendix A to allow commercial operations of a small unmanned vehicle conducting 

aerial imaging, photography, videography, inspection and surveying.

Approval of the exemption allowing commercial operations of the DJI Phantom 3 for 
aerial imaging, photography, videography, inspection and surveying work will 

enhance safety by reducing risk. Conventional aerial operations, using jet or pistonpowered aircraft present risks associated with vehicles that weigh in the 

neighborhood of 5,000 to 7,000Ibs, carry large quantities of fuel, passengers, and, in 

some cases, cargo. Such aircraft must fly to and from the survey location. In 

contrast, a DJI Phantom 3 weighing less than 4Ibs and powered by batteries 

eliminates a portion of that risk given the reduced mass and lack of combustible fuel 

carried on board. The DJI Phantom 3 is carried to the survey location, not flown 

there. The DJI Phantom 3 will carry no passengers or crew and, therefore, will not 

expose any individuals to the risks associated with manned aircraft flights.

The operation of the DJI Phantom 3, weighing less than 4Ibs, for aerial imaging, 

photography, videography, inspection and surveying in accordance with the strict 

conditions outlined above, will provide an equivalent level of safety supporting the 

grant of the exemptions requested herein, including exempting Nicholas Martino 

DBA “4 Rotors Technologies” from the requirements of Part 21.

The DJI Phantoms 3’s satisfaction of the criteria set forth in Section 333 of the 

Reform Act—size, weight, speed, operating capabilities, lack of proximity to airports 

and populated areas, operation within visual line of sight, and national security—and 

its showing of an equivalent level of safety as it may relate to the requirement for a 

pilot's license, provide more than adequate justification for the grant of the requested 

exemptions allowing commercial operation of the DJI Phantom 3 in the commercial 

precision video and imaging business.

Sincerely,

Nicholas A. Martino

4 Rotors Technologies

Po Box 2708

Camarillo, CA, 93011