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UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, D.C.

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

Toren Hall with Black Dragon Aerial (Black Dragon 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) and (b) CONCERNING COMMERCIAL

OPERATION OF DJI PHANTOM 3 UNMANNED AIRCRAFT SYSTEM

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012

(PUBLIC LAW 112-95)

Submitted on February 19th, 2016

Toren Hall

Black Dragon Aerial (Black Dragon, LLC)

975 Connell Street

Mechanicsburg, PA 17055

Tel: (717) 440-5010

Email: blackdragonaerial@outlook.com
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Table of Contents

GLOSSARY OF ABBREVIATIONS ........................................................................................................................................3

SUMMARY....................................................................................................................................................................................5

INTRODUCTION AND INTERESTS OF PETITIONER..................................................................................................5

BACKGROUND............................................................................................................................................................................5

BASIS FOR PETITION..............................................................................................................................................................6

NAME AND ADDRESS OF PETITIONER...........................................................................................................................7

SPECIFIC SECTIONS OF 14 CFR FROM WHICH BDA SEEKS EXEMPTION ........................................................7

EXTENT OF RELIEF BDA SEEKS.........................................................................................................................................9

REASONS GRANTING BDA’S REQUEST WOULD BE IN THE PUBLIC INTEREST.........................................11

REASONS GRANTING THE EXEMPTION WOULD NOT ADVERSELY AFFECT SAFETY.............................13

ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT BDA’S

REQUEST...................................................................................................................................................................................22

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTRY..............................................................22

CONCLUSION........................................................................................................................................................................... 23

APPENDICES............................................................................................................................................................................24
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GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

BDA Black Dragon Aerial (Black Dragon, LLC)

CFR Code of Federal Regulations

COA Certificate of Authorization

DJI P3 DJI Phantom 3 UAV

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

FC Flight Controller

GCS Ground Control Station

GPS Global Positioning System

LOL Loss of Link

NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot In Command

RC Remote Control

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

SO Safety Observer

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System
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UAV Unmanned Aerial Vehicle

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VTOL Vertical Take-Off and Landing
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SUMMARY

Black Dragon Aerial (BDA) seeks exemption from the requirements of 14 CFR §§ 61.113(a) & (b), 

91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1), and 91.417(a) & (b), to operate 

an Unmanned Aircraft System pursuant to Section 333 of the FFA Modernization and Reform Act of 

2012. This exemption will permit Toren Hall, with Black Dragon Aerial, to operate Unmanned 

Aircraft Systems for the commercial purpose of conducting aerial photography, videography, and 

cinematography for weddings, real estate, special events, film sets, television, public events, 

newsgathering, and land surveying, as well as create company photography and videography for 

promotional videos and training for UAS operations over certain areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

Black Dragon Aerial is a new company desiring to provide its clients with expertise and knowledge 

in production and cinematography technologies as well as provide audio/video solutions to

present, produce, and educate. BDA also seeks to provide its clients with the highest quality digital

equipment for use in their commercial, personal, and non-profit multimedia projects. Toren Hall is

the owner and founder of BDA and has over 30 years of aerial RC recreational/hobby experience. 

Toren’s background is in nuclear power plant engineering, which provides unique technical 

expertise as well as a working familiarity with Federal Regulations and the conformance thereto. 

Toren is currently actively pursuing a Private Pilot Certificate with Reigle Aviation in Palmyra, 

Pennsylvania in order that, once commercial operations commence, he may act as PIC pursuant to

Section 333. The objective of BDA’s aerial video and photography operations is to provide high

quality imaging for a variety of promotional, wedding, commercial, public, and residential uses, 

specifically targeting:

• Production and Motion Picture Filming

• Television/Film

• Wedding Videography and Photography

• Real Estate Videography and Photography

• Land and Construction Surveying

• Increase public knowledge of UAS

• Provide training and promote safe UAS operations for resale of DJI products by doing

promotional and training videos and flight demonstrations.

BACKGROUND 

Unmanned Aerial System: DJI Phantom 3 Professional UAS

BDA seeks an exemption to operate DJI systems for compensation or hire within the NAS. The DJI 

Phantom 3 (DJI P3) is a vertical take-off and landing (VTOL) Unmanned Aircraft (UA) with a Ground 

Control Station (GCS) utilizing electronic tablet, smartphone, or HDMI output to monitor display 

systems. The DJI Phantom 3 has a maximum gross weight of approximately 3 pounds, while having 

a length of 16 inches, width of 16 inches, height of 8 inches, and a maximum speed of approximately 

31 knots. The DJI P3 is equipped with four main rotors and driven by Lithium Polymer powered 

electric motors.
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BASIS FOR PETITION

Petitioner, Black Dragon Aerial, pursuant to the provisions of the FAA (14 CFR § 11.61) and the FAA 

Modernization and Reform Act of 2012, Section 333, Special Rules for Certain Unmanned Aircraft 

Systems, hereby petitions the Administrator to commercially operate the DJI Phantom 3 in the 

National Airspace System, and for an exemption from the requirements of 14 CFR §§ 61.113(a) & 

(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1), and 91.417(a) & (b).

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

unmanned aircraft and its operation, BDA’s operation of DJI P3 meets the conditions of FMRA 

Section 333 and therefore will not require an airworthiness certificate in accordance with 14 CFR 

Part 21, Subpart H.

Accordingly, BDA requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 

91.417(a) & (b), as these sections set forth requirements for maintenance that only apply to aircraft 

with an airworthiness certificate.

BDA submits that the requested relief is proper since an equivalent level of safety will be ensured. 

BDA will use experienced personnel or technicians to perform maintenance, alterations, or 

preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the 

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

Furthermore, BDA will document and maintain all maintenance records for the DJI P3 UAS.

Relief from certain requirements of Section 61.113(a) & (b), entitled Private pilot privileges and 

limitations: Pilot in command, is requested by BDA 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 P3 UAS in a manner consistent with this

exemption, including evasive and emergency maneuvers and maintaining appropriate distances 

from people, vessels, vehicles and structures.

BDA seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, because the DJI P3 UAS 

does not require an airworthiness certificate in accordance with 14 CFR Part 21, Subpart H. As 

such, BDA submits that he will ensure that the DJI P3 UAS is in an airworthy condition, prior to 

every flight, by determining that the UAS is in compliance with the operating documents (i.e. 

Monthly Maintenance Log and DJI P3 Instruction Manual), and that the aircraft is in a condition for 

safe flight.

BDA also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings, 

as the DJI P3 UA will not have a typical barometric altimeter on board. However, altitude 

information of the DJI P3 UA will be provided to the PIC via GPS equipment and monitoring of the 

flight path. This altitude information, combined with BDA’s operation of the DJI P3 UA within visual 

line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121.

Additionally, BDA seeks an exemption from the requirements of Section 91.151(b), entitled Fuel 

requirements for flight in VFR conditions. BDA submits that safety will not be affected by operation 

of the DJI P3 UA during daylight hours in visual meteorological conditions under visual flight rules, 

with enough battery power to fly for a total duration of approximately 13 minutes to the first point 

of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes.
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In accordance with 14 CFR § 11.81, BDA provides the following information in support of its 

petition for exemption:

A. Name and Address of the Petitioner

Toren Hall

Black Dragon Aerial

975 Connell Street

Mechanicsburg, PA 17055

Tel: (717) 440-5010

Email: blackdragonaerial@outlook.com

B. The Specific Sections of 14 CFR From Which BDA seeks Exemption.

1. BDA Seeks Exemption From The Requirements Of Section 61.113(a) & (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 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. BDA Seeks Exemption From The Requirements Of Section 91.7(a).

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

(a) No person may operate a civil aircraft unless it is in an airworthy condition.

3. BDA Seeks Exemption From The Requirements Of Section 91.121.

Section 91.121, entitled Altimeter settings, subsection (a), states the following, in part:

(a) Each person operating an aircraft shall maintain the cruising altitude or flight level of that 

aircraft, as the case may be, by reference to an altimeter that is set, when operating—

(1) Below 18,000 feet MSL, to—

 (i) The current reported altimeter setting of a station along the route and 

within 100 nautical miles of the aircraft;

(ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this 

section, the current reported altimeter setting of an appropriate available station;

Or

(iii) In the case of an aircraft not equipped with a radio, the elevation of the 

departure airport or an appropriate altimeter setting available before departure.

4. BDA 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:
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(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. BDA Seeks Exemption From The Requirements 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. BDA 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. BDA Seeks Exemption From The Requirements Of Section 91.409(a)(1) And (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. BDA Seeks Exemption From The Requirements Of Section 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 
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performed; and

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

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

return to service.

(2) Records containing the following information;

(i) The total time in service of the airframe, each engine, each propeller, and each rotor.

(ii) The current status of life-limited parts of each airframe, engine, propeller, rotor, and 

appliance.

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

to be overhauled on a specified time basis.

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

inspection required by the inspection program under which the aircraft and its 

appliances are maintained.

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

including, for each, the method of compliance, the AD or safety directive number 

and revision date. If the AD or safety directive involves recurring action, the time 

and date when the next action is required.

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

to the airframe and currently installed engines, rotors, propellers, and appliances.

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

(1) The records specified in paragraph (a)(1) of this section shall be retained until the work 

is repeated or superseded by other work or for 1 year after the work is performed.

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

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

(3) A list of defects furnished to a registered owner or operator under § 43.11 of this 

chapter shall be retained until the defects are repaired and the aircraft is approved for 

return to service.

C. The Extent Of Relief BDA Seeks And The Reason BDA Seeks The Relief.

1. Extent Of Relief BDA Seeks And The Reason BDA Seeks Relief From Section

61.113(a) And (b).

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

in command, is requested to the extent necessary to allow a PIC holding a private pilot or higher 

level certificate, as well as a current and valid airman medical certificate, and who has met certain 

flight-hour and currency requirements, to conduct the proposed UAS flight operations for 

compensation or hire.
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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 a 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, BDA 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 

met certain flight-hour and currency requirements, demonstrating that the PIC is able to safely 

operate 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, BDA submits that all flights of the DJI Phantom 3 UAS, conducted by the PIC 

pursuant to the grant of this petition: (1) will be incidental to BDA’s business; and (2) will not carry 

passengers or property for compensation or hire.

2. Extent Of Relief BDA Seeks And The Reason BDA 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 BDA to determine that the DJI Phantom 3 UAS is in airworthy condition prior to 

every flight by ensuring that the UAS is in compliance with the operating documents (i.e., the BDA 

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

BDA seeks the requested relief because the DJI Phantom 3 UAS does not require an 

airworthiness certificate in accordance with 14 CFR Part 21, Subpart H. Therefore, BDA will ensure 

that the DJI Phantom 3 UAS is in airworthy condition for safe flight, as stated in the conditions and 

limitations below.

3. Extent Of Relief BDA Seeks And The Reason BDA 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 UAS, which will 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), BDA seeks the requested relief because the DJI Phantom 3 UA’s 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 the 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 UA is equipped with a barometric pressure sensor and GPS equipment, which 

automatically ensures that a ground level pressure setting will be established prior to each flight, 

and provides the PIC with altitude information of the UA on the telemetry display monitor of the 

GCS.

4. Extent Of Relief BDA Seeks And the Reason BDA Seeks Relief From Section 

91.151(b).
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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 UA during 

daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total 

duration of 14.5 minutes to the first point of intended landing and, assuming normal cruising speed, 

to fly after that for at least 5.5 minutes. BDA seeks the requested relief because without an 

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

UA will severely constrain the practicality of any aerial video or still photo flight operations that 

TVS Pro proposes to conduct pursuant to this Petition.

Significantly, as set forth below, the technical specifications of the DJI Phantom3 UAS, the 

DJI Phantom 3’s operating documents, and BDA’s proposed operating limitations, ensure that BDA 

will safely operate the battery powered DJI Phantom 3 UA during daylight hours in VMC, under 

VFR, with enough battery power to fly for a total duration of 14.5 minutes to the first point of 

intended landing and, assuming normal cruising speed, to fly after that for at least 5.5 minutes.

5. Extent Of Relief TVS Pro Seeks And The Reason TVS Pro 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, BDA requests relief from these Sections because 

the DJI Phantom 3 UAS does not require an airworthiness certificate. As set forth more fully below, 

the DJI Phantom 3 UAS meets the conditions of MFRA Section 333 for operation without an 

airworthiness certificate. Accordingly, BDA will use trained technicians to perform maintenance, 

alterations, or preventive maintenance on the UAS using the methods, techniques, and practices 

prescribed in the UAS operating documents (i.e., the Black Dragon Aerial Operations Manual, 

Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual). Furthermore, BDA will 

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

D. The Reasons Why Granting BDA’s 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 BDA too safely, 

efficiently, and economically perform aerial video and photography for wedding films, real estate, 

special events, film sets, 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, and provide significant benefits to the economy. Notably, the benefits of BDA’s proposed 

operation of the DJI Phantom 3 UAS will be realized without implicating any privacy issues.

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

The DJI Phantom 3 UA is battery powered and serves 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 P3 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 P3 UA does not 

require an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial 
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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 acquisitions with the DJI P3 UAS, instead of manned aircraft, will greatly 

benefit the public by drastically reducing the levels of air and noise pollution generated during the 

traditional aerial video and still photography flight operations. By using battery power and electric 

motors, the DJI P3 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, while burning approximately 20-30 gallons per hour of 

leaded aviation fuel. The DJI P3 UA, while reducing the carbon footprint of aerial acquisitions, also 

eliminates noise pollution, as the UA is propelled by battery powered electric motors, rather than a 

fuel burning internal combustion engine.

By using the DJI P3 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 DJI P3 UA (with a weight of only 2 pounds 11 

ounces at maximum gross weight, a length of only 16 inches, and 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 of combustible fuel).

3. Performing Aerial Video And Photography Operations With The DJI Phantom 3 

UAS Will Benefit The Economy.

IN addition to being safe and efficient, the DJI P3 UAS is also an economical alternative to 

using manned aircraft to conduct similar aerial operations. As such, operation of the DJI P3 UAS 

will allow United States based companies, like BDA, to remain competitive and contribute to growth 

of the U.S. economy. Specifically, with the 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 P3 UAS 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 P3 UAS, companies such as BDA 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 P3 UAS 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, BDA’s proposed operation of the DJI P3 UAS will not implicate any privacy issues. 

Specifically, the DJI P3 UAS will be operated only in compliance with operating documents (i.e., the 
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BDA Operations Manual, Monthly Maintenance Log, and DJI P3 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 CFR §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 BDA Seeks Exemption.

1. Reasons Why The DJI Phantom 3 UAS Meets The Conditions Of The FAA 

Modernization And Reform Act Of 2012 (FMRA) Section 333.

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

unmanned aircraft and its operation, BDA’s operation of the DJI P3 UAS meets the conditions of 

FMRA Section 333, and will not require an airworthiness certificate in accordance with 14 CFR 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 the 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 a 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 stablish requirements for the safe operation of such aircraft systems in the 

national airspace system.

In seeking this exemption, BDA submits that the DJI P3 UAS can operate safely in the NAS 

pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the DJI P3 UAS; (b) 

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

a. The Specifications Of The DJI Phantom 3 UAS Demonstrate Its Safe Characteristics.
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The DJI P3 UAS does not create a hazard to users of the NAS or the public, or otherwise pose 

a threat to national security considering its size, weight, speed, and operational capability.

i. Technical Specification Of The DJI Phantom 3 UAS.

The technical specifications of the DJI P3 UAS are set forth by the DJI P3 Specifications and 

Data Sheet, attached hereto as Appendix A.

ii. The DJI Phantom 3 UAS Autonomous Flight And Navigation Modes Enable 

The UAS To Remain Within A Defined Operation Area.

The DI P3 UAS may be operated in both manual and fully autonomous flight modes. A 

complete description of the flight and navigational modes of the DJI P3 UAS is provided on pages 

11-14 of the DJI P3 User Manual, attached hereto as Appendix B.

iii. The DJI Phantom 3 UAS Is 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 P3 UA will remain stationary, in flight, for 3 seconds or 

more. If, after 3 seconds, the DJI P3 UA does not reacquire control link data from the GCS, the UA 

will assume that the Control Link is lost and the UA 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 is set forth on 

pages 12-14 of the DJI P3 User Manual, attached hereto as Appendix B.

b. Flight Operations Of DJI Phantom 3 UAS Are Limited To The Line Of Sight Of A 

Certificated PIC With A Safety Observer.

Toren Hall is actively training to certify as a private pilot, and BDA 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 P3 UAS. Additionally, a safety observer will assist all pilots during flight 

time.

c. Flights Of DJI Phantom 3 UAS Will Be Conducted Pursuant To Specific Operating 

Limitations.

In seeking this exemption, BDA proposes to commercially operate the DJI P3 UAS 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 UAS weighing less than 55 pounds 

maximum gross weight: DJI Phantom 3 UAS. 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, photography, and cinematography.

3. The UA may not be flown at an indicated airspeed exceeding 20 knots.
15

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

(AGL), as indicated by the procedures specified in the operating documents unless a 

special request is made and approved by ATC. All altitudes reported to ATC must be in 

feet AGL.

5. The UA 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. 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.

7. 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.

8. 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. 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.

9. 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.

10. 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.
16

11. 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.

12. The operator must follow the UAs manufacturer’s aircraft/component, maintenance, 

overhaul, replacement, inspection, and life limit requirements.

13. 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.

14. Each UAS operated under this exemption must comply with all manufacturer Safety 

Bulletins.

15. The authorized person must make an entry in the aircraft record of the corrective 

action taken against discrepancies discovered between inspections.

16. The PIC must possess at least a sport pilot certificate and at least a current third-class 

medical certificate.

17. 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 CFR § 61.51(b). Flights for the purposes of training the 

operator’s PICs are permitted under the terms of the exemption. However, training 

operations may only be conducted during dedicated training sessions. During training, 

proficiency, and experience-building flights, all persons not essential for flight 

operations are considered nonparticipants, and the PIC must operate the UA with 

appropriate distance from nonparticipants in accordance with 14 CFR §91.119.

18. UAS operations may not be conducted during night, as defined in 14 CFR §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.

19. 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.

20. 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.
17

21. If the UA loses communications or loses its GPS signal, it must return to a 

predetermined location within the planned operating area and land or be recovered in 

accordance with the operating documents.

22. The PIC must abort the flight in the event of unpredicted obstacles or emergencies in 

accordance with the operating documents.

23. 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.

24. 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.

25. All aircraft operated in accordance with the COA exemption must be identified by serial 

number, registered in accordance with 14 CFR part 47, and have identification (Nnumber) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as 

large as practicable.

26. 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.

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

and activities at all times.

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

29. Flight operations must be conducted at least 500 feet from all nonparticipating persons 

(persons other than the PIC, SO, operator trainees or essential persons), vessels, 

vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating 

persons from the UA and/or debris in the event of an accident. The operator 

must ensure that nonparticipating persons remain under such protection. If a 

situation arises where nonparticipating persons leave such protection and are 

within 500 feet of the UA, flight operations must cease immediately and/or;

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

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

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

close to those objects and determined that it does not present an undue 

hazard, and;
18

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).

30. 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.

31. 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 61.113(a) And (b) 

Would Not Adversely Affect Safety.

BDA submits 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 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.

Considering BDA’s 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 P3 UAS, BDA submits that the additional manned airmanship experience of a 

commercially certificated pilot would not correlate to the airmanship skills necessary for BDA’s 

specific proposed flight operations.

The FAA has previously granted relief from Section 61.113(a) and (b) specific to UAS, in 

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

11062, 11063, 14519, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 

11150, 11153, 11156, 11158, 11159, 11160, 11161, 14519).

BDA will not allow any PIC to operate the DJI 3 UAS unless that PIC has demonstrated, by 

meeting minimum flight-hour requirements or the DJI P3 UAS training and currency requirements, 

that the PIC is able to safely operate the DJI P3 UAS in a manner consistent with this exemption, 

including evasive and emergency maneuvers and maintaining appropriate distances from people, 

vessels, vehicles and structures.

Specifically, 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 (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 
19

during BDA’s proposed operations. The Administrator has held that prior documented flight 

experience that was obtained incompliance 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 hour 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 CFR 91.119.

Exemption No. 11138 at page 15.

Accordingly, BDA 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 operated the DJI P3 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, BDA will ensure that the DJI P3 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 

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, 14519).

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

information of the DJI P3 UA will be provided to the PIC via GPS equipment and a radio

4. Reasons Why An Exemption From The Requirements Of Section 91.121 Would Not 

Adversely Affect Safety.
20

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

altitude information of the DJI P3 UA 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 BDA’s operation of the DJI 

P3 UA within visual line of sight, at or below 500 ft. 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 UAS 

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, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 

11157, 11158, 11159, 11160, 11161, 14519).

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 CFR 

Section 91.151(b) as a result of (1) the technical specifications of the DJI Phantom 3 UAS; (2) the 

limitations on the proposed flight operations; and (3) the location of the proposed flight operations. 

Accordingly, BDA will ensure that it will safely operate the battery powered DJI P3 UA 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 P3 UAS; the 

limitations on the proposed flight operations; and the location of the proposed operations, will 

ensure an equivalent level of safety established by 14 CFR Section 91.151(b). Furthermore, safety 

will be ensured as the DJI P3 UAS provides audible and visual warnings to the PIC at the GCS when 

the UA 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 P3 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, 11112, 

11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161, 14519).

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, BDA 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 BDA will used trained 
21

technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the 

methods, techniques, and practices prescribed in the operating documents (i.e. the BDA Operations 

Manual, Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual). Furthermore, BDA will 

document and maintain all maintenance records for the DJI P3 UAS.

Since the DJI P3 UAS will be inspected as prescribed by the operating documents, BDA 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 P3 User Manual is attached hereto as Appendix B; a copy of the DJI 

P3 UAS Maintenance Log is attached hereto as Appendix C.

Likewise, the exemption sought will not adversely affect safety because BDA 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 P3 UAS 

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 BDA’s proposed operating limitations, the operating documents, and the 

technical aspects of the DJI P3 UAS, BDA submits that safety will not be adversely affected by 

granting exemption from 14 CFR 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, 14519).

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 CFR § 21.16 entitled Special Conditions, BDA requests that the FAA prescribe special 

conditions for the intended operation of the DJI P3 UAS, which contain such safety standards that 

the Administrator finds necessary to establish a level of safety equivalent to that established by 14 

CFR Part 21, Subpart H, and 14 CFR §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 

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

safe operation of the UA 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 CFR § 21.16, 

for operation of the DJI P3 UAS, since the airworthiness regulations of 14 CFR 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:
22

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 CFR § 21.16

Therefore, in accordance with FMRA Section 333 and 14 CFR § 21.16, the FAA may 

prescribe special conditions for Toren Hall, with BDA intended operation of the DJI P3 UAS, which 

contain such safety standards that the Administrator finds necessary to establish a level of safety 

equivalent to that established by 14 CFR Part 21, Subpart H, and 14 CFR Sections 61.113(a) & (b), 

91.7 (a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (a)(2), and 91.417 (a) and 

(b). 

F. A Summary That Can Be Published In The Federal Register, stating: The Rules From 

Which Black Dragon Aerial Seeks Exemption:

Black Dragon Aerial seeks exemption from the requirements of 14 CFR 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 Black Dragon Aerial Seeks:

This exemption will permit Black Dragon Aerial to commercially operate an Unmanned Aircraft 

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

including photo and/or video for television, public events, newsgathering, real estate and land 

surveying over certain areas of the United States. As well as assist with company promotional 

videos and training demonstrations for UAS operations.

G. Any Additional Information, Views, Or Arguments Available To Support Black Dragon 

Aerial’s 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, BDA’s request for exemption may be granted pursuant to the authority 

of FMRA Section 333 and 14 CFR 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, BDA will operate the DJI Phantom 3 UAS safely in the NAS, 

without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national 

security.
23

CONCLUSION

As set forth herein, Black Dragon Aerial seeks an exemption pursuant to 14 CFR § 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 UAS 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 

FMRA, while also advancing the interests of the public, by allowing Black Dragon Aerial to safely, 

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

WHEREFORE, in accordance with the Federal Aviation Regulations and the FMRA, Section 

333, Black Dragon Aerial respectfully requests that the Administrator grant this Petition for an 

exemption from the requirements of 14CFR 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 Toren Hall to 

operate the DJI Phantom 3 UAS commercially for the purpose of conducting aerial video and 

photography over certain areas of the United States.

Dated: February 19th, 2016

Respectfully submitted,

Black Dragon Aerial

Toren Hall

Black Dragon LLC

975 Connell Street

Mechanicsburg, PA 17055

(717) 440-5010

blackdragonaerial@outlook.com
24

APPENDIX –A

DJI Phantom 3 Professional Specifications
© 2015 DJI. All Rights Reserved. 53

Appendix

Appendix

Specifications

Aircraft

Weight (Battery & 

Propellers Included) 1280 g

Max. Ascent Speed 5 m/s

Max. Descent Speed 3 m/s

Max. Speed 16 m/s (ATTI mode, no wind)

Max. Flight Altitude 6000 m

Max. Flight Time Approximately 23 minutes

Operating Temperature 0°C to 40°C

GPS Mode GPS/GLONASS

Gimbal 

Controllable Range Pitch: - 90° to + 30°

Vision Positioning

Velocity Range < 8 m/s (2 m above ground)

Altitude Range 30 cm-300 cm

Operating Range 30 cm-300 cm

Operating Environment Brightly lit (lux > 15) patterned surfaces

Camera

Sensor Sony EXMOR 1/2.3” Effective pixels:12.4 M (total pixels: 12.76 M)

Lens FOV 94° 20mm(35mm format equivalent ) f/2.8

ISO Range 100-3200(video) 100-1600(photo)

Electronic Shutter Speed 8s -1/8000s

Image Max. Size 4000 x 3000

Still Photography Modes

Single shoot

Burst shooting: 3/5/7 frames

Auto Exposure Bracketing (AEB): 3/5 

bracketed frames at 0.7EV Bias

Time-lapse

Supported SD Card Types

Micro SD

Max. capacity: 64 GB. Class 10 or UHS-1 rating required

Video Recording Modes

UHD : 4096x2160p 24/25, 3840x2160p24/25/30 

FHD:1920x1080p 24/25/30/48/50/60 

HD:1280x720p 24/25/30/48/50/60

Max. Bitrate Of Video 

Storage 60 Mbps

Supported File Formats

FAT32/exFAT

Photo: JPEG, DNG

Video: MP4/MOV (MPEG-4 AVC/H.264)

Operating Temperature 

Range

0°C to 40°C
54 © 2015 DJI. All Rights Reserved. 

Appendix

Phantom 3 Professional User Manual

Remote Controller 

Operating Frequency 2.400 GHz-2.483 GHz

Transmitting Distance 2000 m (Outdoor And Unobstructed)

Video Output Port USB

Operating Temperature Range 0°C- 40°C

Battery 6000 mAh LiPo 2S

Mobile Device Holder Tablets and smartphones 

Transmitter Power(EIRP) FCC: 20 dbm; CE:16 dbm

Working Voltage 1.2 A @7.4 V

Charger

Voltage 17.4 V

Rated Power 100 W 

Intelligent Flight Battery ( PH3-4480 mAh-15.2 V )

Capacity 4480 mAh

Voltage 15.2 V

Battery Type LiPo 4S

Energy 68 Wh

Net Weight 365 g

Operating Temperature -10°C- 40°C

Max. Charging Power 100 W

Aircraft Status Indicator Description

Normal

 Red, Green and Yellow Flash 

Alternatively Turning on and Self-Checking

 Green and Yellow Flash Alternatively Aircraft Warming Up

 Green Flashes Slowly Safe to Fly (P-mode with GPS and Vision Positioning)

X2 Green Flashes Twice Safe to Fly (P-mode with Vision Positioning but without GPS)

 Yellow Flashes Slowly Safe to Fly (A-mode but No GPS and Vision Positioning)

Warning

 Fast Yellow Flashing Remote Controller Signal Lost

 Slow Red Flashing Low Battery Warning

 Fast Red Flashing Critical Battery Warning

 Red Flashing Alternatively IMU Error 

— Solid Red Critical Error 

 Red and Yellow Flash Alternatively Compass Calibration Required
© 2015 DJI. All Rights Reserved. 55

Appendix

Phantom 3 Professional User Manual

Intelligent Orientation Control (IOC)

IOC allows users to lock the control orientation of aircraft in different modes. There are three working 

modes for IOC that can be selected in the DJI Pilot app. IOC only works when the aircraft is in F-mode, 

therefore the user must toggle the flight mode switch to activate IOC. Refer to the table below:

Course Lock (CL)

The nose direction, at the time that CL is set, will remain the forward direction 

regardless of how the orientation and position of the aircraft changes. This will 

remain fixed until you reset it or exit CL mode.

Home Lock (HL)*

Record a Home Point (HP) and enter HL mode. The forward and backward 

controls will move the aircraft farther from and closer to the established Home 

Pont, regardless of how the orientation and position of the aircraft changes.

Point of Interest (POI)* Point of Interest. Record a point of interest (POI). The aircraft can then circle 

around the POI and the nose will always points toward the POI.

*Home Lock and Point of Interest feature are coming soon.

IOC Requirements

IOC is only available under the following conditions:

Modes IOC GPS enabled GPS counts Flight Distance Limits

Course Lock No None None

Home Lock Yes Aircraft ≥10m Home Point

POI Yes Aircraft 5m~500m Point of Interest

Using IOC

Toggle the Flight Mode Switch F-mode and follow the instructions prompted on the DJI Pilot app to select 

the desired IOC mode. 
APPENDIX –B

DJI Phantom 3 Professional Manufacturer’s User Manual

(User Manual Provided As a Separate Document)
APPENDIX – C

MONTHLY MAINTENANCE LOG

UAS: $______ Date Issue 

Discovered

Date Issue 

Addressed Issue Description & Maintenance Conducted Maintenance Performed By:(Print & Sign)

Software 

(Updates)

Airframe

Engines

Propellers

Camera 

(Gimbal)

Landing 

(Gear)

Vibration 

(Dampening)

Other: