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February 16, 2016

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Request for Exemption under Section 333 of the FAA Modernization and Reform 

Act of 2012 and Part 11 of the Federal Aviation Regulations.

Name and Address of Petitioner:

Larry Napier

dba AERIAL DAYDREAMS

134 Nelson Court

Barboursville, WV 25504

304-972-8724 (Cell)

304-736-6452 (Home)

ljnapier@yahoo.com

Dear Sir or Madam:

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

"Reform Act") and 14 C.F.R. Part 11, Larry Napier/dba AERIAL DAYDREAMS, the 

Petitioner, request exemption from the following Federal Aviation Regulations in order 

to legally operate an Unmanned Aircraft System (UAS) in the National Airspace

System.

Regulations from which the exemption is requested:

14 CFR 21 H

14 CFR 61.113 (A) 7 (b)

14 CFR 91.7 (a)

14 CFR 91.9 (b) (2)

14 CFR 91.109

14 CFR 91.121

14 CFR 91.151 (a)

14 CFR 91.203 (a) & (b)

14 CFR 91.405 (a)

14 CFR 91.407 (a) (1)

14 CFR 91.409 (a) & (b)

14 CFR 91.417 (a) & (b)

This exemption will permit AERIAL DAYDREAMS to operate an Unmanned Aircraft 

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

of real estate – existing and under construction – to include residential, commercial, 

educational institutions, construction sites, government/civil landscapes and events 

over certain areas of the United States.
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BACKGROUND:

Unmanned Aircraft Systems: DJI Phantom 3 Professional

AERIAL DAYDREAMS seeks an exemption to operate a DJI Phantom 3 Professional for 

compensation or hire within the NAS. 

The DJI Phantom 3 is a 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 3 pounds, 

while having a length of 23 inches width of 23 inches (including the propellers), height 

of 8 inches, and a maximum speed of approximately 35 mph. The DJI Phantom 3 is

equipped with four main rotors; driven by electric motors powered by a Lithium 

Polymer battery.

The DJI Phantom 3 UAS that will be operated by AERIAL DAYDREAMS 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 Markings.

BASIS FOR PETITION

Petitioner, AERIAL DAYDREAMS, 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 UAS in the 

National Airspace System (NAS), and for an exemption from the requirements of:

14 CFR 21 H

14 CFR 61.113 (A) 7 (b)

14 CFR 91.7 (a)

14 CFR 91.9 (b) (2)

14 CFR 91.109

14 CFR 91.121

14 CFR 91.151 (a)

14 CFR 91.203 (a) & (b)

14 CFR 91.405 (a)

14 CFR 91.407 (a) (1)

14 CFR 91.409 (a) & (b)

14 CFR 91.417 (a) & (b)

14 CFR 21 H: Airworthiness Certificates

Certification Procedures for Products and Parts

Reason for Exception:

It has been determined that similar UAS do not require an airworthiness certificate as 

granted in Exemption No. 11623, 11650, 11664 and 11734.
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14 CFR 61.113 (A) 7 {b): Private Pilot Privileges and Limitations

The regulation provides that no person may serve as a required pilot flight 

crewmember of a civil aircraft of the United States, unless that person: (1) has a pilot 

certificate or special purpose authorization issued under this part in that person's 

physical possession or readily accessible. (2) The flight is only incidental to that 

business or employment. (3) The aircraft does not carry passengers or property for

compensation or hire.

Reason for Exception:

Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations: 

Pilot in command (PIC), 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.

AERIAL DAYDREAMS submits that an equivalent level of safety will be maintained 

because no PIC will be allowed to operate the DJI Phantom 3 UAS unless that PIC has

demonstrated the ability to safely operate the UAS in a manner consistent with the

specifications as described in this exemption, including evasive and emergency 

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

and structures.

Further, AERIAL DAYDREAMS submits that all flights of the DJI Phantom 3 UAS will 

not carry passengers or property for compensation or hire.

14 CFR 91.7 (a): Civil Aircraft Airworthiness

Civil Aircraft Airworthiness: (a) No person may operate a civil aircraft unless it is in an 

airworthy condition.

Reason for Exception:

It has been determined that similar UAS do not require an airworthiness certificate, 

however the petitioner will ensure airworthiness through the combined use of the 

manufacture's Operations Manual and preflight checks.

14 CFR 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft

This regulation provides that no person may operate an aircraft unless a current, 

approved flight manual is in the aircraft. We assume that the intent of this 

requirement is to ensure that flight manual information is available to the aircrew 

while operating the aircraft. We request an exemption to this requirement since the 

aircraft is not only too small to carry documentation; the documentation would not be 

available to the crew.
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Reason for Exception:

The equivalent level of safety will be maintained by keeping the flight manual at the 

ground control point where the pilot flying the UAS will have immediate access to it

(saved on the iPad Air 2 tablet being used to pilot the UAS). The FAA has issued the 

following exemptions to this regulation: Exemption #8607, 8737, 8738, 9299, 9299A.

14 CFR 91.109: Flight Instruction

The regulation provides that "No person may operate a civil aircraft that is being used 

for flight instruction unless that aircraft has fully functioning dual controls."

Reason for Exception:

UAS's and remotely piloted aircraft, by their design do not have fully functional dual 

controls. Flight control is accomplished through the use of an app downloaded to the 

iPad Air 2 that communicates with the aircraft via radio communications. The FAA 

has approved exemptions for flight training without fully functional dual controls for a 

number of aircraft and for flight instruction in experimental aircraft. The equivalent 

level of safety is provided by the fact that neither a pilot nor passenger will be carried 

in the aircraft and by the size and speed of the aircraft.

14 CFR 91.121: Altimeter Settings

This section requires that 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 below 18,000 feet MSL.

Reason for Exception:

Most UAS do not have a barometric altimeter. It does have a GPS that will calculate 

altitude. The Petitioner will limit flights to a maximum altitude of 400 feet AGL (which 

can be automatically set/controlled with the app in the iPad Air 2 tablet) as granted in 

Exemption No. 11623, 11664, and 11734.

14 CFR 90.151 (a) Fuel Requirements for Flight in VFR Conditions

Fuel requirements for flight in VFR conditions: (a) No person may begin a flight in an 

airplane 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. (1) During the day, to fly after that for at least 30 

minutes.

Reason for Exception:

The DJI Phantom 3 UAS provides a “low battery” warning to indicate when you should 

return the UAS to the launch point. In addition, a "critical" battery level warning 

implements an automatic "return to Home" action in this situation. AERIAL 

DAYDREAMS will not initiate 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 all flights will be conducted during daylight hours and at times not 

to be a nuisance to others.

14 CFR 91.203 (a) & (b): Carrying Civil Aircraft Certification and Registration

This regulation provides as follows:
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• No person may operate a civil aircraft unless it has an appropriate and current

airworthiness certificate.

• No person may operate a civil aircraft unless the airworthiness certificate required by 

paragraph (a) of this section or a special flight authorization issued under 19.715 is 

displayed at the cabin or cockpit entrance so that it is legible to passengers or crew.

Reason for Exception

To obtain an equivalent level of safety and meet the intent of 91.203, documentation 

will be housed at a ground control point where the pilot is flying the DJI Phantom 3 

UAS for immediate access to the extent they are applicable to the UAS.

14 CFR 91.405 (a): Maintenance Inspections

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.

Reason for Exception:

AERIAL DAYDREAMS shall inspect the aircraft prior to every flight. The Petitioner also 

will follow the manufacturer's recommended preflight checklist and make any repair 

necessary before flights occur. AERIAL DAYDREAMS will also maintain a log of any 

maintenance or repairs performed.

14 CFR 91.407 {a) {1): Maintenance

Operation after maintenance, preventative maintenance, rebuilding or alteration: (a) 

No person may operate any aircraft that has under gone maintenance, preventative 

maintenance, rebuilding, or alteration unless (1) it has been approved for return to 

service by a person authorized under 43.7 of this chapter.

Reason for Exception:

AERIAL DAYDREAMS, who has the responsibility for the operation and safety of the 

UAS, will follow the manufactures suggested replacement parts.

14 FR 91.409 (a) (l) & (2): Inspections

Inspections: (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. No inspection performed under paragraph (b) of this section may be 

substituted for any inspection required by this paragraph unless it is performed by a 

person authorized to perform annual inspections and is entered as an "annual" 

inspection in the required maintenance records.

Reason for Exception:

AERIAL DAYDREAMS will follow manufacturer's suggestions to ensure that the UAS is 

in a condition for safe flight at all times.

14 CFR 91.417 (a) & (b): Maintenance Records
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Except for work performed in accordance with 91.411 and 91.413 each registered 

owner or operator shall keep the following records (l)(i) (ii)(iii) (2)(i)(ii)(iii)(iv)(v)(vi) for the 

periods specified in paragraph (b) of this section: ( 1) (2) (3)

Reason for Exception:

AERIAL DAYDREAMS will keep a record of all repairs and modifications. AERIAL 

DAYDREAMS also proclaims to use approved manufactured parts for all repairs and 

modifications.

The Reasons Why Granting AERIAL DAYDREAMS 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 AERIAL 

DAYDREAMS 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 UAS will decrease congestion of the NAS, 

reduce pollution, crashes and accidents and provide significant benefits to the 

economy. Notably, the benefits of AERIAL DAYDREAMS’s proposed operation of the 

DJI Phantom 3 UAS will be realized without conflicting with or violation of any privacy 

issues.

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

The DJI Phantom 3 UAS is 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 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 UAS.

Conducting aerial media acquisitions with the DJI Phantom 3 UAS, instead of manned 

aircraft, will greatly benefit the public by drastically reducing the levels of air and 

noise pollution generated during traditional aerial video and still photography flight 

operations. By using battery power and electric motors, the DJI Phantom 3 UAS 

produces no air pollution, and is the most viable environmentally conscious 

alternative to the cabin class, six cylinder internal combustion engine aircraft that are 

typically utilized for aerial video and photography which burn 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 is

propelled by battery powered electric motors, rather than an internal combustion 
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engine. By using the DJI Phantom 3 UAS to perform aerial acquisitions, the 

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

associated with traditional manned aircraft flight operations, will be substantially 

reduced or completely eliminated. 

Aside from the lack of flight crew members located onboard the aircraft, the small size 

and weight of the DJI Phantom 3 UAS 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.

3. Performing Aerial Video and Photography Operations With The DJI UAS Will Benefit 

The Economy.

In addition to being safe and efficient, the DJI Phantom 3 is also an economical 

alternative to using manned aircraft to conduct similar aerial operations. As such, 

operation of the DJI Phantom 3 UAS will allow United States based firms, such as 

AERIAL DAYDREAMS 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 UAS utilizes 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 UAS, companies such as AERIAL DAYDREAMS 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 UAS’s 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.

In Conclusion:

I, Larry Napier/AERIAL DAYDREAMS, request for exemption from the above 

mentioned Federal Aviation Regulations in order to legally operate an Unmanned 

Aircraft System (UAS) in the National Airspace System in order to perform the 

Applications and Operations pertaining to my video/photography business in a safe 

and controlled environment. 

Sincerely,

Larry Napier

134 Nelson Court

Barboursville, WV 25504

304-972-8724 (Cell)

304-736-6452 (Home)

ljnapier@yahoo.com