UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

Regulatory Docket No. 

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

CINEWINGS 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), 91.119 , 91.121, 91.151(b), 91.405(a),

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

COMMERCIAL

OPERATION OF DJI PHANTOM 3 PROFESSIONAL AND DJI INSPIRE 1

UNMANNED AIRCRAFT SYSTEMS

PURSUANT TO SECTION 333 OF

 THE FAA MODERNIZATION AND REFORM ACT OF 2012

(PUBLIC LAW 112-95)

Submitted on July 8, 2015

CineWings LLC.

223 Franklin Street, Suite 202

New York, NY 11222

EIN#: 300-477-957
TABLE OF CONTENTS

Page

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

SUMMARY...........................................................................................................................4

INTRODUCTION AND INTERESTS OF PETITIONER.....................................................4

BACKGROUND.....................................................................................................................4

BASIS FOR PETITION........................................................................................................5

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

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH CINEWINGS LLC. 

SEEKS EXEMPTION................................................................8

THE EXTENT OF RELIEF CINEWINGS LLC. SEEKS AND THE REASON 

CINEWINGS LLC. SEEKS THE RELIEF............................11

THE REASONS WHY GRANTING CINEWINGS LLC.’S REQUEST

WOULD BE IN THE PUBLIC INTEREST ........................................................15

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT 

ADVERSELY AFFECT SAFETY..........................................................................19

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER.....34

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS 

AVAILABLE TO SUPPORT CINEWINGS LLC.’S REQUEST............34

CONCLUSION....................................................................................................................35

APPENDICES........................................................................................37
GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

GCS Ground Control Station

GPS Global Positioning System

LOL Loss of Link

NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot In Command

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

 SO Safety Observer

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing
SUMMARY

CineWings LLC. seeks exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 

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

91.417(a) & (b), to operate an Unmanned Aircraft System pursuant to Section 333 of the 

FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit

CineWings LLC. to operate an Unmanned Aircraft System (UAS) for the commercial 

purpose of conducting aerial video and photography of construction sites, real estate, and 

landscape over certain areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

CineWings LLC. provides their clients with expertise and knowledge in advanced 

technologies and solutions to increase efficiency, productivity and effectiveness.

CineWings LLC. has hundreds of hours flying experience. It's propietor and chief pilot 

have over 20 years recreational/professional experience in all aspects of aerial video and

photography. The objective of CineWings LLC. and it's aerial operations is to provide 

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

targeting:

• Construction sites before and after

• Appraisals

• Real-estate marketing

• Closed Set Filming in Motion Picture Television and Videography

• Aerial acquisitions used for inspections of public and

private structures.

• Search and Rescue operations

BACKGROUND

 Unmanned Aircraft Systems: DJI Phantom 3 Professional, DJI Inspire 1 UASs

CineWings LLC. seeks an exemption to operate DJI systems for compensation or hire 

within the NAS. The DJI Phantom 3 Professional and DJI Inspire 1 are vertical takeoff and

landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing 

electronic tablet or smart phone systems. The DJI Phantom 3 Professional has a maximum 

gross weight of approximately 2 pounds 13 ounces, while having a length of 16 inches, 

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

The DJI Inspire 1 has a maximum gross weight of 6 pounds 7.5 ounces, a length of 17.3 

inches, width of 17.7 inches, height of 11.8 inches, and a maximum speed of 

approximately 42 knots. The DJI Phantom 3 Professional and DJI Inspire 1 UAs are 

equipped with four main rotors; driven by Lithium Polymer battery powered electric

motors.
The DJI Phantom 3 Professional and DJI Inspire 1 UAs that will be operated by

CineWings LLC. will be registered in accordance with 49 U.S.C. 44103, Registration of

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

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

BASIS FOR PETITION

Petitioner, CineWings LLC., pursuant to the provisions of the Federal Aviation 

Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 

(FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems, hereby 

petitions the Administrator to commercially operate the DJI Phantom 3 Professional,

DJI Inspire 1 UASs in the National Airspace System (NAS), and for an exemption 

from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.119 , 91.121, 

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

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

unmanned aircraft and its operation, CineWings LLC. operation of DJI Phantom 3 

Professional and DJI Inspire 1 UASs meets the conditions of FMRA Section 333 and 

therefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 

21, Subpart H.

Accordingly, CineWings LLC. 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.

CineWings LLC. submits that the requested relief is proper since an equivalent level of 

safety will be ensured. CineWings LLC. will use experienced personnel or technicians to 

perform maintenance, alterations, or preventive maintenance on the UASs using the 

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

Maintenance Log, and DJI Phantom 3 Professional and DJI Inspire 1 Instruction Manual).

Furthermore, CineWings LLC. will document and maintain all maintenance records for 

the DJI Phantom 3 Professional and DJI Inspire 1 UASs.

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

privileges and limitations: Pilot in command, is requested by CineWings LLC. to the 

extent necessary to allow a Pilot in Command (PIC) holding a private pilot or higher level 

certificate, as well as an airman medical certificate, and who has demonstrated, by meeting

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

DJI Phantom 3 Professional and DJI Inspire 1 UASs in a manner consistent with this 

exemption, including evasive and emergency maneuvers and maintaining appropriate 

distances from people, vessels, vehicles and structures.

CineWings LLC. seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, 

because the DJI Phantom 3 Professional and DJI Inspire 1 UASs do not require an 

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

CineWings LLC. submits that he will ensure that the DJI Phantom 3 Professional and DJI 
Inspire 1UASs are in an airworthy condition, prior to every flight, by determining that the 

UASs are in compliance with the operating documents (i.e., Monthly Maintenance Log, 

and DJI Phantom 3 Professional and DJI Inspire 1 Instruction Manual), and that the 

aircraft are in a condition for safe flight.

CineWings LLC. also seeks an exemption from the requirements of Section 91.121, 

entitled Altimeter Settings, as the DJI Phantom 3 Professional and DJI Inspire 1 UAs will 

not have a typical barometric altimeter onboard. However, altitude information of the DJI 

Phantom 3 Professional and DJI Inspire 1UAs will be provided to the PIC via Global 

Positioning System (GPS) equipment and radio communications telemetry data link, which

downlinks from the UA to the GCS for active monitoring of the flight path. This altitude 

information, combined with CineWings LLC.’s operation of the DJI Phantom 3 

Professional and DJI Inspire 1 UASs within visual line of sight, at or below 500 feet AGL, 

will ensure a level of safety equivalent to Section 91.121.

Additionally, CineWings LLC. seeks an exemption from the requirements of Section 

91.151(b), entitled Fuel requirements for flight in VFR conditions. CineWings LLC. 

submits that safety will not be affected by operation of the DJI Phantom 3 Professional and

DJI Inspire 1 UAs during daylight hours in visual meteorological conditions (VMC) under 

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

approximately 13.5 minutes to the first point of intended landing and, assuming normal 

cruising speed, to fly after that for at least 4.5 minutes.

In accordance with 14 C.F.R. § 11.81, CineWings LLC. provides the following 

information in support of its petition for exemption:

A. Name And Address Of The Petitioner.

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

CineWings LLC.

Proprietor Othmar Dickbauer

233 Franklin Street, Suite 202 

New York, NY 11222

917 319 0301

othmar1@mac.com

B. The Specific Sections Of 14 C.F.R. From Which CineWings LLC. Seeks 

Exemption.

1. CineWings LLC. Seeks Exemption From The Requirements Of 

Section 61.113(a) And (b).

Section 61.113, entitled Private pilot privileges and limitations: Pilot in command, 
subsections (a) and (b) prescribe the following, in relevant part:

(a) No person who holds a private pilot certificate may act as a pilot in command 

(PIC) of an aircraft that is carrying passengers or property for compensation or 

hire; nor may that person, for compensation or hire, act as PIC of an aircraft.

(b) A private pilot may, for compensation or hire, act as PIC of an aircraft in 

connection with any business or employment if—

1) The flight is only incidental to that business or employment; and

2) The aircraft does not carry passengers or property for compensation or hire.

2. CineWings LLC. 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. CineWings LLC. Seeks Exemption From The Requirements Of Section 

91.121.

 Section 91.121, entitled Altimeter settings, subsection (a), states the 

 following, in part:

(c) 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. CineWings LLC. Seeks Exemption From The Requirements Of Section

91.151(b).

Section 91.151, entitled Fuel requirements for flight in VFR conditions, subsection
(b), states the following:

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

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

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

fly after that for at least 20 minutes.

5. CineWings LLC. Seeks Exemption From The Requirement Of 

Section 91.405(a).

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

Each owner or operator of an aircraft—

(d) 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. CineWings LLC. Seeks Exemption From The Requirements Of 

Section 91.407(a)(1)

Section 91.407, entitled Operation after maintenance, preventive maintenance, 

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

(e) 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. CineWings LLC. Seeks Exemption From The Requirements Of 

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

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

(f) 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. CineWings LLC. Seeks Exemption From The Requirements Of 

Sections 91.417(a) And 91.417(b).

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

state the following:

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

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

specified in paragraph (b) of this section:

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

alteration and records of the 100-hour, annual, 

progressive, and other required or approved inspections, 

as appropriate, for each aircraft (including the airframe)

and each engine, propeller, rotor, and appliance of an 

aircraft. The records must include--

(i) A description (or reference to data acceptable to the Administrator) of 

the work performed; and

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

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

aircraft for return to service.

(2) Records containing the following information:

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

and each rotor.

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

propeller, rotor, and appliance.

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

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

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

since the last inspection required by the inspection program under 

which the aircraft and its appliances are maintained.

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

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

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

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

action is required.

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

major alteration to the airframe and currently installed engines, rotors, 

propellers, and appliances.
(h) 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 CineWings LLC. Seeks And The Reason CineWings 

LLC. Seeks The Relief.

1. Extent Of Relief CineWings LLC. Seeks And The Reason CineWings 

LLC. 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.

This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that

a private pilot may, for compensation or hire, act as PIC of an aircraft in connection with 

any business or employment if: (1) The flight is only incidental to that business or 

employment; and (2) The aircraft does not carry passengers or property for compensation 

or hire.

As set forth more fully below, CineWings LLC. submits that an equivalent level of safety 

will be maintained because no PIC will be allowed to operate the DJI Phantom 3 

Professional UAS or DJI Inspire 1 UAS unless that PIC has met certain flight-hour and

currency requirements, demonstrating that the PIC is able to safely operate either the DJI 

Phantom 3 Professional or DJI Inspire 1 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, CineWings LLC. submits that all flights of the DJI Phantom 3 Professional and

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

be incidental to CineWings LLC.’s business; and (2) will not carry passengers or property

for compensation or hire.
2. Extent Of Relief CineWings LLC. Seeks And The Reason CineWings 

LLC. Seeks Relief From Section 91.7(a).

Relief from Section 91.7(a) entitled Civil aircraft airworthiness, is requested to the extent 

required to allow CineWings LLC. to determine that the DJI Phantom 3 Professional and

DJI Inspire 1 UASs are in airworthy condition prior to every flight by ensuring that the 

UAS is in compliance with the operating documents (i.e., the CineWings LLC. Aerial 

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

Inspire 1 Instruction Manual).

CineWings LLC. seeks the requested relief because the DJI Phantom 3 Professional and

DJI Inspire 1 UASs do not require an airworthiness certificate in accordance with 14 

C.F.R. Part 21, Subpart H. Therefore, CineWings LLC. will ensure that the DJI Phantom 3

Professional and DJI Inspire 1 UASs are in airworthy condition based upon its compliance

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

Professional and DJI Inspire 1 Instruction Manual) prior to every flight, and further, 

determine that the aircraft are in condition for safe flight, as stated in the conditions and 

limitations below.

3. Extent Of Relief CineWings LLC. Seeks And The Reason CineWings 

LLC. 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 Professional and DJI Inspire 1 UASs, which utilize a

barometric pressure sensor, GPS equipment, and a radio communications telemetry data 

link to downlink altitude information from the UA to the PIC at the ground control station

(GCS). Since the FAA requires that any altitude information concerning UAS operations

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

LLC. seeks the requested relief because the DJI Phantom 3 Professional and DJI Inspire 1 

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 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 Professional and DJI Inspire 1 UAs are equipped with

a barometric pressure sensor and GPS equipment, which automatically ensures that a 

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

with altitude information of the UA on the heads-up display of the GCS.
4. Extent Of Relief CineWings LLC. Seeks And The Reason CineWings 

LLC. Seeks Relief From Section 91.151(b).

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

requested to the extent required to allow flights of the battery powered DJI Phantom 3 

Professional and DJI Inspire 1 UAs during daylight hours in visual meteorological 

conditions (VMC), under visual flight rules (VFR), for a total duration of 13.5 minutes to 

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

at least 4.5 minutes.

CineWings LLC. seeks the requested relief because without an exemption from Section 

91.151(b), the flight time duration of the battery powered DJI Phantom 3 Professional and

DJI Inspire 1 UAs will severely constrain the practicality of any aerial video or still photo

flight operations that CineWings LLC. proposes to conduct pursuant to this Petition.

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

Professional and DJI Inspire 1 UASs, the DJI Phantom 3 Professional and DJI Inspire 1 

operating documents, and CineWings LLC.’s proposed operating limitations, ensure that 

CineWings LLC. will safely operate the battery powered DJI Phantom 3 Professional and 

DJI Inspire 1 UAs during daylight hours in visual meteorological conditions (VMC), 

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

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

fly after that for at least 4.5 minutes.

5. Extent Of Relief CineWings LLC. Seeks And The Reason CineWings 

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

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

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

apply to aircraft with an airworthiness certificate, CineWings LLC. requests relief from 

these Sections because the DJI Phantom 3 Professional and DJI Inspire 1 UASs do not

require airworthiness certificates. As set forth more fully below, the DJI Phantom 3 

Professional and DJI Inspire 1 UASs meet the conditions of FMRA Section 333 for 

operation without an airworthiness certificate. Accordingly, CineWings LLC. will use 

trained technicians to perform maintenance, alterations, or preventive maintenance on the 

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

documents (i.e., the CineWings LLC. Aerial Operations Manual, Monthly Maintenance 

Log, and DJI Phantom 3 Professional and DJI Inspire 1 Instruction Manual). Furthermore, 

CineWings LLC. will document and maintain all maintenance records for the DJI 

Phantom 3 Professional and DJI Inspire 1 UASs.
D. The Reasons Why Granting CineWings LLC. Request Would Be In The Public 

Interest; That Is, How It Would Benefit The Public As A Whole.

Granting the present Petition will further the public interest by allowing CineWings LLC.

to safely, efficiently, and economically perform aerial video and photography of

construction sites, real estate, and landscape over certain areas of the United States.

Additionally, use of the DJI Phantom 3 Professional and DJI Inspire 1 UASs will decrease

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

Notably, the benefits of CineWings LLC.’s proposed operation of the DJI Phantom 3 

Professional and DJI Inspire 1 UASs will be realized without implicating any privacy

issues.

1. The Public Will Benefit From Decreased Congestion Of The 

NAS.

The DJI Phantom 3 Professional and DJI Inspire 1 UAs are battery powered and serve as a

safe, efficient, and economical alternative to the manned aircraft traditionally utilized to

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

acquisitions, an exemption allowing the use of a DJI Phantom 3 Professional or DJI Inspire

1 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 Professional and DJI Inspire 1 UAs do not require an airport to takeoff or land. Likewise,

a reduction of manned aircraft conducting aerial video and photography missions would 

result in fewer aircraft that must be handled by air traffic control during the ground, 

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

2. The Public Will Benefit From The Safety And Efficiency Of The DJI 

Phantom 3 Professional and DJI Inspire 1 UASs.

Conducting aerial acquisitions with the DJI Phantom 3 Professional and DJI Inspire 1 

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

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

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

Phantom 3 Professional and DJI Inspire 1 UASs produce no air pollution, and is the most 

viable environmentally conscious alternative to the cabin class, six cylinder internal 

combustion engine aircraft that are typically utilized for aerial video and photography, 

while burning approximately 20-30 gallons per hour of leaded aviation fuel. The DJI 

Phantom 3 Professional and DJI Inspire 1 UAs, while
reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as the

UAs are propelled by battery powered electric motors, rather than an internal combustion

engine.

By using the DJI Phantom 3 Professional and DJI Inspire 1 UASs to perform aerial 

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

usually associated with traditional manned aircraft flight operations, will be substantially

reduced or completely eliminated. Aside from the lack of flight crew members located

onboard the aircraft, the DJI Phantom 3 Professional and DJI Inspire 1 UAs (weighing 

approximately 2 pounds 11

ounces and 6 pounds 7.5 ounces respectively, at their maximum gross weights with

lengths of 16 inches and 17.3 inches respectively, widths of 16 inches and 17.7 inches

respectively, and with no fuel on board), has less physical potential for collateral damage 

to life and property on the ground, and in the air, compared to the manned aircraft that 

typically conduct similar operations (weighing approximately 6,000 pounds with a 

wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacity of 180

gallons).

3. Performing Aerial Video and Photography Operations With The DJI 

Phantom 3 Professional and DJI Inspire 1 UASs Will Benefit The 

Economy.

In addition to being safe and efficient, the DJI Phantom 3 Professional and DJI Inspire 1

UASs are also an economical alternative to using manned aircraft to conduct similar aerial 

operations. As such, operation of the DJI Phantom 3 Professional and DJI Inspire 1 UASs 

will allow United States based companies, like CineWings LLC., 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 

Professional and DJI Inspire 1 UASs is one such technology that not only allows 

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

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

By operating the DJI Phantom 3 Professional and DJI Inspire 1 UASs, companies such as

CineWings LLC., can remain competitive and profitable, and therefore, provide greater

job stability to employees and contractors, which will ultimately contribute to growth of

the

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

use of the DJI Phantom 3 Professional and DJI Inspire 1 UASs, provides a stable 

workforce that increases consumer spending; improves local, state, and federal tax 

revenues; and allows companies to invest in research and development in order to remain 

competitive both in the United States and abroad.
4. There Are No Privacy Issues.

Similar to the manned aerial acquisition flight operations that have been 

conducted for decades, CineWings LLC.’s proposed operation of the DJI 

Phantom 3 Professional and DJI Inspire 1 UASs will not implicate any privacy

issues. Specifically, the DJI Phantom 3 Professional and DJI Inspire 1 UASs 

will be operated only in compliance with operating documents (i.e., the 

CineWings LLC. Aerial Operations Manual, Monthly Maintenance Log, and

DJI Phantom 3 Professional and DJI Inspire 1 Instruction Manual) which 

requires property owner involvement as well as local law enforcement 

notification, and in accordance with the Federal Aviation Regulations, 

including the minimum altitude requirements of 14 C.F.R. § 91.119.

E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety,

Or How The Exemption Would Provide A Level Of Safety At Least Equal To That

Provided By The Rule From Which CineWings LLC. Seeks Exemption.

1. Reasons Why The DJI Phantom 3 Professional and DJI Inspire 1 UAs 

Meet The Conditions Of The FAA Modernization and Reform Act of 

2012 (FMRA) Section 333.

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

unmanned aircraft and its operation, CineWings LLC.’s operation of the DJI Phantom 3 

Professional and DJI Inspire 1 UASs meet the conditions of FMRA Section 333, and will 

not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.

Section 333 provides authority for a UAS to operate without airworthiness certification 

and sets forth requirements for considering whether a UAS will create a hazard to users of

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

Section 333 states the following, in part:

a) In General.--Notwithstanding any other requirement of this subtitle, and not 

later than 180 days after the date of enactment of this Act, the Secretary of 

Transportation shall determine if certain unmanned aircraft systems may 

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

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

by section 334 of this Act.

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

under subsection (a), the Secretary shall determine, at a minimum--

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

size, weight, speed, operational capability, proximity to airports and
populated areas, and operation within visual line of sight do not create 

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

a threat to national security; and

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

airworthiness certification under section 44704 of title 49, United 

States Code, is required for the operation of unmanned aircraft systems

identified under paragraph (1).

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

section that certain unmanned aircraft systems may operate safely in the 

national airspace system, the Secretary shall establish requirements for the 

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

In seeking this exemption, CineWings LLC. submits that the DJI Phantom 3 Professional 

and DJI Inspire 1 UASs can operate safely in the NAS pursuant to FMRA Section 333, as 

demonstrated by: (a) the characteristics of the DJI Phantom 3 Professional and DJI Inspire

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

a. The Specifications Of The DJI Phantom 3 Professional and DJI 

Inspire 1 UASs Demonstrate Its Safe Characteristics.

The DJI Phantom 3 Professional and DJI Inspire 1 UASs do not create a hazard to users of

the NAS or the public, or otherwise pose a threat to national security considering its size,

weight, speed, and operational capability.

i. Technical Specifications Of The DJI Phantom 3 Professional and 

DJI Inspire 1 UASs.

The technical specifications of the DJI Phantom 3 Professional and DJI Inspire 1 UASs 

are set forth by the DJI Phantom 3 Professional and DJI Inspire 1 User Manuals, attached 

hereto as Appendix A and B.

ii.The DJI Phantom 3 Professional and DJI Inspire 1 UASs 

Autonomous Flight And Navigation Modes Enable The UASs To 

Remain Within A Defined Operational Area.
The DJI Phantom 3 Professional and DJI Inspire 1 UASs may be operated in both manual 

and fully autonomous flight modes. A complete description of the flight and navigational 

modes of the DJI Phantom 3 Professional and DJI Inspire 1 UASs is provided at pages 11-

16 of the DJI Phantom 3 Professional and pages 12-16 and 45-50 of the DJI Inspire 1 User

Manuals, attached hereto as Appendix A and B.

iii.The DJI Phantom 3 Professional and DJI Inspire 1 UASs Are 

Designed For Automatic Return To Home Point Or Hover In The 

Event Of Loss Of The Control Link Or Navigation.

When the Control Link is lost, the DJI Phantom 3 Professional and DJI Inspire 1 UAs 

will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI 

Phantom 3 Professional and DJI Inspire 1 UAs do not reacquire control link data from the

GCS, the UAs will assume that the Control Link is lost and the UAs will return to the 

home position (i.e., failsafe mode) via GPS, and will descend to the takeoff position and 

shutdown.

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

are set forth at pages 12 through 14 and for the DJI Inspire 1 at pages 13 through 15 of the

DJI Phantom 3 Professional and DJI Inspire 1 User Manuals, attached hereto as Appendix

A and B.

iv.The DJI Phantom 3 Professional and DJI Inspire 1 GCS And Its

Operation.

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

Professional and DJI Inspire 1 GCS and flight control software is provided at pages 53 

through 54 of the DJI Phantom 3 Professional User Manual and pages 40 through 47 of the

DJI Inspire 1 User Manual. DJI Phantom 3 Professional and DJI Inspire 1 User Manuals 

are attached hereto as Appendix A and B.

b. Flight Operations Of DJI Phantom 3 Professional and DJI Inspire 1 

UASs Are Limited To The Line Of Sight Of A Certificated Pilot in 

Command With A Safety Observer.

CineWings LLC.'s PIC will be the only person to act as a pilot in command (PIC) of the

DJI Phantom 3 Professional and DJI Inspire 1 UASs. Additionally, a safety observer will 

assist him during flight time.

c. Flights Of DJI Phantom 3 Professional and DJI Inspire 1 UASs Will Be

Conducted Pursuant To Specific Operating Limitations.
In seeking this exemption, CineWings LLC. proposes to commercially operate DJI 

Phantom 3 Professional and DJI Inspire 1 UASs for the special purpose of conducting 

aerial video and photography over certain areas of United States, pursuant to the following

specific operating limitations:

1. Operations authorized by this grant of exemption will be limited to the 

following aircraft described in the operating documents, rotorcraft UASs 

weighing less than 55 pounds maximum gross weight: DJI Phantom 3 

Professional and DJI Inspire 1 Unmanned Aircraft Systems. Proposed 

operations of any other aircraft will require a new petition or a petition to 

amend this grant.

2. UAS operations under this exemption will be limited to conducting operations 

for the purpose of aerial video and photography.

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

4. The UA must be operated at an altitude of no more than 500 feet above ground

level (AGL), as indicated by the procedures specified in the operating 

documents unless a special request is made and approved by ATC. All altitudes

reported to ATC must be in feet AGL.

5. The UAs must be operated within visual line of sight (VLOS) of the PIC at all 

times. This requires the PIC to be able to use human vision unaided by any 

device other than corrective lenses, as specified on the PIC’s FAA-issued airman

medical certificate.

6. The use of first person view (FPV) by the PIC or safety observer (SO) is not 

permitted.

7. All operations must utilize a safety observer (SO). The SO may be used to 

satisfy the VLOS requirement as long as the PIC always maintains VLOS 

capability. The SO and PIC must be able to communicate verbally at all times.
Electronic messaging or texting is not permitted during flight operations. The 

PIC must be designated before the flight and cannot transfer his or her 

designation for the duration of the flight. The PIC must ensure that the SO can

perform the functions prescribed in the operating documents.

8. The SO must not perform any other duties beyond assisting the 

PIC with seeing and avoiding other air traffic and other ground

based obstacles/obstructions and is not permitted to operate the 

camera or other instruments.

9. The operating documents and the grant of exemption must be 

accessible during UAS operations and made available to the 

Administrator upon request. If a discrepancy exists between the 

conditions and limitations contained in the grant of exemption and 

the procedures outlined in the operating documents, the conditions 

and limitations contained in the grant of exemption take precedence 

and must be followed. Otherwise, the operator must follow the 

procedures as outlined in its operating documents. The operator may

update or revise its operating documents. It is the operator’s 

responsibility to track such revisions and present updated and 

revised documents to the Administrator upon request. The operator 

must also present updated and revised documents if it petitions for 

extension or amendment to the grant of exemption. If the operator

determines that any update or revision would affect the basis upon 

which the FAA granted the exemption, then the operator must 

petition for amendment to its grant of exemption. The FAA’s UAS 

Integration Office (AFS-80) may be contacted if questions arise 

regarding updates or revisions to the operating documents.

10.Prior to each flight the PIC must inspect the UAS to ensure that 

it is in a condition for safe flight. If the inspection reveals a 

condition that affects the safe operation of the UAS, the aircraft 

is prohibited from operating until the necessary maintenance has 

been performed and the UAS is found to be in a condition for 

safe flight. The Ground Control Station must be included in the 

preflight inspection. All maintenance and alterations must be

properly documented in the aircraft records.

11.Any UAS that has undergone maintenance or alterations that affect 
the UAS operation or flight characteristics, e.g. replacement of a 

flight critical component, must undergo a functional test flight. The 

PIC who conducts the functional test flight must make an entry in 

the aircraft records.

12.The pre-flight inspection must account for all potential 

discrepancies, e.g. inoperable components, items, or equipment, 

not already covered in the relevant sections of the operating

documents.

13.The operator must follow the UAS manufacturer’s 

aircraft/component, maintenance, overhaul, replacement, 

inspection, and life limit requirements.

14.The operator must carry out its maintenance, inspections, and

record keeping requirements, in accordance with the operating

documents. Maintenance, inspection, alterations, and status of

replacement/overhaul component parts must be noted in the 

aircraft records, including total time in service, description of work

accomplished, and the signature of the authorized person returning

the UAS to service.

15.Each UASs operated under this exemption must comply

with all manufacturer Safety Bulletins.

16.The authorized person must make an entry in the aircraft record 

of the corrective action taken against discrepancies discovered 

between inspections.

17.The PIC must possess at least a private pilot certificate and at least 

a current third- class medical certificate.

18.The operator may not permit any PIC to operate unless the PIC 

meets the operator’s qualification criteria and demonstrates the 

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

the UAS will be operated under the exemption, including evasive 
and emergency maneuvers and maintaining appropriate distances 

from persons, vessels, vehicles and structures. PIC qualification 

flight hours must be logged in a manner consistent with 14 C.F.R.

§ 61.51(b). Flights for the purposes of training the operator’s PICs are 

permitted under the terms of the exemption. However, training operations may 

only be conducted during dedicated training sessions. During training, 

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

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

with appropriate distance from nonparticipants in accordance with 14 C.F.R. § 

91.119.

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

§ 1.1. All operations must be conducted under visual meteorological conditions

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

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

rules (SVFR) are not authorized.

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

reference point as denoted on a current FAA-published aeronautical 

chart unless a letter of agreement with that airport’s management is 

obtained, and the operation is conducted in accordance with a 

NOTAM as required by the operator’s COA. The letter of 

agreement with the airport management must be made available to 

the Administrator upon request.

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

than 2,000 feet horizontally from a cloud or when visibility is 

less than 3 statute miles from the PIC.

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

return to a pre- determined location within the planned operating 

area and land or be recovered in accordance with the operating

documents.

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

obstacles or emergencies in accordance with the operating 

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

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

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

remaining.

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

of Waiver or Authorization (COA) prior to conducting any operations under the

grant of exemption. This COA will also require the operator to request a Notice

to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 

hours prior to the operation. All operations shall be conducted in accordance 

with airspace requirements in the ATO issued COA including class of airspace, 

altitude level and potential transponder requirements.

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

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

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

Subpart C. Markings must be as large as practicable.

27.Before conducting operations, the radio frequency spectrum used for operation 

and control of the UA must comply with the Federal Communications 

Commission (FCC) or other appropriate government oversight agency 

requirements.

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

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

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

Administrator or any law enforcement official upon request.

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

operations and activities at all times.

30.The UAS may not be operated by the PIC from any moving device or vehicle.
31.Flight operations must be conducted at least 500 feet from all 

nonparticipating persons (persons other than the PIC, SO, 

operator trainees or essential persons), vessels, vehicles, and 

structures unless:

a. Barriers or structures are present that sufficiently protect 

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

accident. The operator must ensure that nonparticipating persons remain

under such protection. If a situation arises where nonparticipating 

persons leave such protection and are within 500 feet of the UA, flight 

operations must cease immediately and/or;

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

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

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

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

an undue hazard, and;

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

do not present an undue hazard to those persons per § 91.119(a).

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

property with permission from the land owner/controller or 

authorized representative. Permission from land owner/controller or

authorized representative will be obtained for each flight to be

conducted.

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

lateral or vertical boundaries of the operational area as defined by 

the applicable COA must be reported to the FAA's UAS 

Integration Office (AFS-80) within 24 hours. Accidents must be 

reported to the National Transportation Safety Board (NTSB) per 

instructions contained on the NTSB Web site: www.ntsb.gov.
2. Reasons Why An Exemption From The Requirements Of Section 

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

CineWings LLC. 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 Professional and DJI Inspire 1 UASs unless that PIC has demonstrated, by

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

operate the DJI Phantom 3 Professional or DJI Inspire 1 UAS in a manner consistent with 

the exemption, including evasive and emergency maneuvers and maintaining appropriate 

distances from people, vessels, vehicles and structures.

Considering CineWings LLC.’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 Phantom 3 Professional or DJI Inspire 1 UAS, 

CineWings LLC. submits that the additional manned airmanship experience of a 

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

CineWings LLC.’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, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136,

11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161).

CineWings LLC. will not allow any PIC to operate the DJI Phantom 3 Professional or DJI

Inspire 1 UAS unless that PIC has demonstrated, by meeting minimum flight-hour

requirements or the DJI Phantom 3 Professional or DJI Inspire 1 UAS training and 

currency requirements, that the PIC is able to safely operate the DJI Phantom 3 

Professional or DJI Inspire 1 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

C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5 

hours of those hours as a UAS pilot operating the same make and model of UAS to be used

for operations under the exemption). In addition to the hour requirements, the PIC must 

accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes).

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

was obtained in compliance with applicable regulations will ensure an equivalent level of

safety during CineWings LLC.’s proposed operations. The Administrator has held
that prior documented flight experience that was obtained in compliance with applicable 

regulations would ensure safe operations, stating as follows:

In Exemption No. 11062, the FAA required that prior to conducting operations for 

the purpose of motion picture filming (or similar operations), the PIC must have 

accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of

total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS 

pilot with a multi-rotor UAS. Prior to operations under Exemption No. 11062, the 

PIC must also have accumulated and logged a minimum of 5 hours as a UAS pilot 

operating the same make and model of UAS to be used for operations under the 

exemption. For clarification, the FAA considers these minimum 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 C.F.R 91.119.

Exemption No. 11138 at page 15.

Accordingly, CineWings LLC. will ensure safe operations by not allowing any PIC to 

operate the DJI Phantom 3 Professional or DJI Inspire 1 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 Professional or DJI Inspire 1 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, CineWings LLC. will ensure that the DJI Phantom 3 Professional or

DJI Inspire 1 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).

4. Reasons Why An Exemption From The Requirements Of Section 91.121 

Would Not Adversely Affect Safety.

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

the altitude information of the DJI Phantom 3 Professional and DJI Inspire 1 UAs will be 

provided to the PIC via GPS equipment and a radio communications telemetry data link,

which downlinks from the UA to the GCS for active monitoring of the flight path and 

altitude. This altitude information, combined with CineWings LLC.’s operation of the 

DJI Phantom 3 Professional and DJI Inspire 1 UAs within visual line of sight, at or below

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

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

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

ground level.

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

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

Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138,

11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

5. Reasons Why An Exemption From The Requirements Of Section 

91.151(b) Would Not Adversely Affect Safety.

A grant of this exemption would ensure an equivalent level of safety established by 14

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

3 Professional and DJI Inspire 1 UASs; (2) the limitations on the proposed flight 

operations; and (3) the location of the proposed flight operations. Accordingly, CineWings

LLC. will ensure

that it will safely operate the battery powered DJI Phantom 3 Professional and DJI Inspire 

1 UAs during daylight hours in VFR conditions, with enough battery power to fly for a 

total duration of

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

fly after that for at least 4.5 minutes.

Here, as in Exemption No. 11109, the technical specifications of the DJI Inspire 1 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 C.F.R. Section 

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

Inspire 1 UASs provide audible and visual warnings to the PIC at the GCS when the UAs 
experiences low battery voltage, the first warning occurring at approximately 33% 

remaining battery power, and again at approximately 10% remaining battery power. At the

critically low battery level, the DJI Phantom Vision+ and DJI Inspire 1 UASs will descend

and land automatically.

Significantly, previous exemptions granted by the FAA concerning Section 91.151 

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

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

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

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

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

those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063,

11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156,

11157, 11158, 11159, 11160, 11161).

6. Reasons Why An Exemption From The Requirements Of Sections 

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

Not Adversely Affect Safety.

In seeking this exemption, CineWings LLC. 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 CineWings LLC. will use trained technicians to perform maintenance, alterations, 

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

prescribed in the operating documents (i.e., the CineWings LLC. Aerial Operations 

Manual, Monthly Maintenance Log, and DJI Phantom 3 Professional and DJI Inspire 1 

Instruction Manual). Furthermore, CineWings LLC. will document and maintain all 

maintenance records for the DJI Phantom 3 Professional and DJI Inspire 1 UASs.

Since the DJI Phantom 3 Professional and DJI Inspire 1 UASs will be inspected as 

prescribed by the operating documents, CineWings LLC. will maintain the equivalent 

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

of the DJI Phantom 3 Professional and DJI Inspire 1 User Manuals are attached hereto as 

Appendix A and B; a copy of the DJI Phantom 3 Professional and DJI Inspire 1 UAS 

Maintenance LOG is attached hereto as Appendix C.

Likewise, the exemption sought will not adversely affect safety because CineWings LLC. 

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

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

documents.

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

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

DJI Phantom 3 Professional and DJI Inspire 1 UASs will be performed by trained

technicians.
Maintenance will be documented and maintained utilizing the monthly maintenance log.

Significantly, previous exemptions granted by the FAA concerning Sections 91.405(a), 

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not 

adversely affected when the technical characteristics and operating limitations of the UAS 

are considered.

In consideration of CineWings LLC.’s proposed operating limitations, the operating 

documents, and the technical aspects of the DJI Phantom 3 Professional and DJI Inspire 1

UASs, CineWings LLC. submits that safety will not be adversely affected by granting 

exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and

91.417(a) and (b). The FAA has previously granted relief specific to UAS in

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

Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 

11138, 11150,

11153, 11156, 11157, 11158, 11159, 11160, 11161).

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

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 

(FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, CineWings LLC. requests 

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

Phantom 3 Professional and DJI Inspire 1 UASs, which contain such safety standards

that the

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

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

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

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

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

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

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

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

without airworthiness certification in accordance with any requirements that must be 

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

Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R.

§ 21.16, for operation of the DJI Phantom 3 Professional and DJI Inspire 1 UASs, since

the airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate 

safety standards, due to the novel or unusual design features of the aircraft. Section 21.16, 

entitled Special Conditions, states the following:

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

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

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

propeller, he prescribes special conditions and amendments thereto for the product. 

The special conditions are issued in accordance with Part 11 of this chapter and 
contain such safety standards for the aircraft, aircraft engine or propeller as the

FAA finds necessary to establish a level of safety equivalent to that established in 

the regulations.

See 14 C.F.R. § 21.16.

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

prescribe special conditions for Leading Edge’s intended operation of the DJI Phantom 3 

Professional and DJI Inspire 1 UASs, which contain such safety standards that the 

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

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

91.151(b), 91.405(a),

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

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

stating: The Rules From Which CineWings LLC. Seeks 

Exemption:

CineWings LLC. seeks exemption from the requirements of 14 C.F.R Sections 

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

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

A Brief Description Of The Nature Of The Exemption CineWings LLC. 

Seeks:

This exemption will permit CineWings LLC. to commercially operate an 

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

photography over certain areas of the United States.
• Any Additional Information, Views, Or Arguments Available 

To Support CineWings LLC.’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, CineWings LLC.’s request for exemption 

may be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as 

set forth above.

FMRA Section 333 sets forth the requirements for considering whether a UAS will create

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

and further, provides the authority for such UAS to operate without airworthiness 

certification.

As discussed in detail above, CineWings LLC. will operate the DJI Phantom 3

Professional and DJI Inspire 1 UASs safely in the NAS, without creating a hazard to

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

CONCLUSION

As set forth herein, CineWings LLC. seeks an exemption pursuant to 14 C.F.R. §

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

which will permit safe operation of the DJI Phantom 3 Professional and DJI Inspire 1

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

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

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

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

the public, by allowing CineWings LLC. to safely, efficiently, and economically operate 

the DJI Phantom 3 Professional and DJI Inspire 1 UASs commercially within the NAS.

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

Modernization and Reform Act of 2012, Section 333, CineWings LLC. respectfully 

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

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

(1),

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

Phantom 3 Professional and DJI Inspire 1 UASs commercially for the purpose of 

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

Dated: July 8, 2015
Respectfully submitted,

Othmar Dickbauer

CineWings LLC.

.

233 Franklin Street 

New York, NY 11222

917 319 0301

917 862 2326

Appendices:

A – DJI Phantom 3 Professional Manual

B – DJI Inspire 1 Specifications Data Sheet 

C – Motion Picture and Television Flight Operation Manual

D – Monthly Maintenance Log