UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION — WASHINGTON, DC

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

James Dempsey Pennington

Private Pilot Certificate Number 3342350

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS §§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) 

CONCERNING COMMERCIAL

OPERATION OF DJI PHANTOM 3 PROFESSIONAL/YUNEEC Q500 TYPHOON 4K/DJI 

INSPIRE 1 UNMANNED AIRCRAFT SYSTEMS

PURSUANT TO

§333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112-95)

Submitted on November 28th 2015

James Dempsey Pennington

128 Harvest Ridge

Acworth, GA 30102

404-907-3728
TABLE OF CONTENTS

GLOSSARY OF ABBREVIATIONS iii ........................................................................

SUMMARY 1 .............................................................................................................

INTRODUCTION AND INTERESTS OF THE PETITIONER 1 ..................................

BACKGROUND 1 ......................................................................................................

BASIS FOR PETITION 1 ...........................................................................................

A. Name And Address Of The Petitioner 3 ....................................................................

B. The Specific Sections of 14 C.F.R. from which the Petitioner Seeks Exemption 

and Rationale 3 .........................................................................................................

C. The Reasons why Granting the Petitioner’s Request would be in the Public 

Interest; That is, How it Would Benefit the Public as a Whole. 7 ..............................

D. 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 the Petitioner Seeks Exemption. 8 .......................

E. A Summary That Can Be Published In The Federal Register stating: The Rules 

From Which The Petitioner Seeks Exemption. 18 .....................................................

F. Any Additional Information, Views, or Arguments Available to Support the 

Petitioner’s Request. 18 ............................................................................................

CONCLUSION 18 ......................................................................................................

APPENDICES 20 .......................................................................................................

ii
GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

P3P DJI Phantom 3 Professional

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

Q500 Yuneec Q500 Typhoon 4K

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

SO Safety Observer

SOP Standard Operating Procedures

sUAS Small Unmanned Aircraft System (weighing less than 50 pounds)

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line Of Sight

VMC Visual Meteorological Conditions

VTOL Vertical Take-Off and Landing

iii
SUMMARY

James Dempsey Pennington, herein also referred to as “petitioner,” 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 § 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This 

exemption will permit the petitioner to operate an Unmanned Aircraft System (UAS) for the 

commercial purpose of conducting aerial video and photography of real estate and events, 

inspection, and landscape over certain areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

The petitioner provides his clients with expertise and knowledge in advanced 

photography/video solutions using aviation/aeronautical applications to increase efficiency, 

productivity, marketability and effectiveness. The petitioner he has over 9 years and 500 hours 

in aviation manned-PIC experience in single engine aircraft. The petitioner holds an FAA 

Private Pilot fixed-wing aircraft certificate (number: 3342350). The objective of the petitioner's 

aerial video and photography operations is to provide high quality imaging for a variety of 

commercial, public, and residential uses, specifically targeting:

• Construction sites (predevelopment, development and post development),

• Appraisals,

• Real estate marketing,

• Real estate land and structural inspections, and

• Event videography and photography.

BACKGROUND

The petitioner seeks an exemption to operate P3P, DJI Inspire and Eunice Q500 

systems for compensation or hire within the NAS. The P3P, DJI Inspire and Q500 are vertical 

take off and landing (VTOL) unmanned aircraft (UA) with a Ground Control Station (GCS) 

utilizing a 5.8GHz remote control system. All three platforms have four main rotors and utilize 

lithium polymer (LiPo) batteries to power the electric motors. The P3P, DJI Inspire and Q500 

operated by The petitioner 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.

Technical specifications for the each aircraft is provided in their respective appendix at 

the end of this petition.

BASIS FOR PETITION

Petitioner, James Dempsey Pennington, 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), § 333, Special Rules for Certain Unmanned Aircraft Systems, hereby petitions the 

Administrator to commercially operate the P3P, DJI Inspire and Q500 UASs in the National 

Airspace System (NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.113(a) 

Page 1 of 28
& (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).

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

the unmanned aircraft and its operation, The petitioner's operation of P3P, DJI Inspire and Q500 

UASs meet the conditions of FMRA § 333 and therefore, will not require an airworthiness 

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

Accordingly, the petitioner requests relief from §§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.

The petitioner submits that the requested relief is proper since an equivalent level of 

safety will be ensured. The petitioner will use experienced personnel and/or technicians to 

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

techniques, and practices prescribed in the manufacturer’s operating documents. Furthermore, 

The petitioner will document and maintain all maintenance records for the aforementioned 

UASs.

Relief from certain requirements of § 61.113(a) and (b), entitled Private Pilot Privileges 

and Limitations: Pilot in command, is requested by the petitioner to the extent necessary to 

allow a Pilot in Command (PIC) holding a sport pilot or higher level certificate, as well as an 

airman medical certificate or state-issued driver’s license, to operate the P3P, DJI Inspire and/or 

Q500 UASs in a manner consistent with this exemption.

The petitioner seeks relief from § 91.7(a), entitled Civil Aircraft Airworthiness, because 

the petitioned UASs do not require an airworthiness certificate in accordance with 14 C.F.R. Part 

21, Subpart H. As a result, the petitioner submits that he will ensure that the P3P, DJI Inspire 

and Q500 UASs are in an airworthy condition, prior to every flight, by determining that the UASs 

are in compliance with the operating documents (i.e., manufacturer’s owner’s and instruction 

manuals), and that the aircraft are in a condition for safe flight. The petitioner also seeks an 

exemption from the requirements of § 91.121, entitled Altimeter Settings, as the P3P, DJI Inspire 

and Q500 UASs will not have a typical barometric altimeter onboard. However, altitude 

information of the P3P, DJI Inspire and Q500 UASs will be provided to the PIC via Global 

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

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

information, combined with The petitioner's operation of the P3P, DJI Inspire and Q500 UASs 

within visual line of sight, at or below 400 feet AGL, will ensure a level of safety equivalent to § 

91.121.

Additionally, The petitioner seeks an exemption from the requirements of § 91.151(b), 

entitled Fuel requirements for flight in VFR conditions. The petitioner submits that safety will not 

be affected by operation of the P3P, DJI Inspire and Q500 UASs 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 20 minutes for the intended photo shoot and, assuming 

normal cruising speed, to fly after that for at least 2.5 minutes for recovery and landing.

In accordance with 14 C.F.R. § 11.81, The petitioner provides the following information in 

support of its petition for exemption:

Page 2 of 28
A. Name And Address Of The Petitioner

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

James Dempsey Pennington

128 Harvest Ridge

Acworth, GA 30102

404-907-3728

Email: jim.pennington@me.com

B. The Specific Sections of 14 C.F.R. from which the Petitioner Seeks Exemption and 

Rationale

1. The Petitioner Seeks Exemption From The Requirements of §61.113(a) and (b).

§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.

Rationale: 

Relief from § 61.113(a) and (b) is requested to the extent necessary to allow operations 

of a PIC holding a sport pilot or higher level certificate, as well as a current and valid airman 

medical certificate/state-issued driver’s license.

This zrelief is requested since the limitations set forth in §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, the petitioner submits that an equivalent level of safety will 

be maintained because a PIC will not be permitted to operate the P3P, DJI Inspire and Q500 

UASs unless that PIC has met certain flight-hour and currency requirements, demonstrating 

that the PIC is able to safely operate either the P3P, DJI Inspire 1 or Q500 UAS in a manner 

consistent with the operational specifications as described in this exemption, including 

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

vessels, vehicles and structures.

Further, The petitioner submits that all flights of the P3P, DJI Inspire and Q500 sUASs, 

conducted by the PIC pursuant to the grant of this petition, will not be carrying passengers or 

property/cargo for compensation or hire.

2. The Petitioner Seeks Exemption From The Requirements of §91.7(a).

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

Page 3 of 28
(a) No person may operate a civil aircraft unless it is in an airworthy condition.

Rationale: 

Relief from §91.7(a) entitled Civil Aircraft Airworthiness, is requested to the extent 

required to allow the petitioner to determine that the P3P, DJI Inspire and Q500 sUASs are in 

airworthy condition prior to every flight by ensuring that the sUAS is in compliance with the 

operating documents (i.e. the manufacturer’s user’s manual).

The petitioner seeks the requested relief because the P3P, DJI Inspire and Q500 sUASs do 

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

Therefore, The petitioner will ensure that the P3P, DJI Inspire and Q500 sUASs are in 

airworthy condition based upon its compliance with the operating documents (i.e., 

Manufacturer’s Instruction Manuals) prior to every flight, and further, determine that the 

aircraft are in condition for safe flight.

3. The Petitioner Seeks Exemption From The Requirements of §91.121.

§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.

Rationale: 

Relief from § 91.121, entitled Altimeter Settings, may be required to allow flight 

operations of the P3P, DJI Inspire and Q500 sUASs, 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 sUAS operations be reported to air traffic 

control (ATC) in feet above ground level (AGL), The petitioner seeks the requested relief 

because the P3P, DJI Inspire and Q500 sUASs 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 P3P, DJI Inspire and Q500 sUASs 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 (AGL) information of the UA 

on the heads-up display of the GCS.

Page 4 of 28
4. The Petitioner Seeks Exemption From The Requirements of §91.151(b).

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

following:

(a) 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.

Rationale:

Relief from §91.151(b) entitled “Fuel Requirements for Flight in VFR Conditions,” is 

requested to the extent required to allow flights of the battery powered P3P, DJI Inspire and 

Q500 sUASs during daylight hours in visual meteorological conditions (VMC), under visual 

flight rules (VFR), for a total duration of 15 minutes to the first point of intended landing and, 

assuming normal cruising speed, to fly after that for at least 2.5 minutes. The petitioner 

seeks the requested relief because without an exemption from § 91.151(b), the flight time 

duration of the battery powered P3P, DJI Inspire and Q500 sUASs will severely constrain the 

practicality of any aerial video or still photo flight operations that the petitioner proposes to 

conduct pursuant to this petition.

Significantly, as set forth below, the technical specifications of the P3P, DJI Inspire and 

Q500 sUASs, the operating documents and the petitioner's proposed operating limitations, 

ensure that the petitioner will safely operate the battery powered sUASs during daylight hours 

in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough 

battery power to fly for a total duration of 15 minutes to the first point of intended landing and, 

assuming normal cruising speed, to fly after that for at least 2.5 minutes.

5. The Petitioner Seeks Exemption From The Requirement of §91.405(a).

§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. The Petitioner Seeks Exemption From The Requirements of §91.407(a)(1)

§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. The petitioner Seeks Exemption From The Requirements of §91.409(a)(1) and 91.409(a)(2).

Page 5 of 28
§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. The petitioner Seeks Exemption From The Requirements of §§91.417(a) and 91.417(b).

§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 

performed;

(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.

Page 6 of 28
(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.

Rationale:

Since §§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, the petitioner requests relief from these sections 

because the P3P, DJI Inspire and Q500 sUASs do not require airworthiness certificates. As 

set forth more fully below, the sUASs meet the conditions of FMRA § 333 for operation 

without an airworthiness certificate. Accordingly, the petitioner will use trained technicians to 

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

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

Aerial Operations Manual and Manufacturer’s Instruction Manual). Furthermore, the 

petitioner will document and maintain all maintenance records for the sUASs.

C. The Reasons why Granting the Petitioner’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 the petitioner to 

safely, efficiently, and economically perform aerial video/photography of construction sites 

(predevelopment, development and post development), appraisals, real estate marketing, real 

estate land and structural inspections, and event videography and photography over certain 

areas of the United States. Additionally, use of the sUASs will decrease congestion of the NAS, 

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

petitioner's proposed operation of the sUASs will be realized without implicating any privacy 

issues.

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

The sUASs 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 UASs 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 

petitioned UASs 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 Petitioned UASs.

Conducting aerial acquisitions with a UAS, instead of manned aircraft, will greatly benefit 

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

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

the P3P, DJI Inspire and Q500 UASs produce no air pollution, and is the most viable 

environmentally conscious alternative to the cabin class, four or six cylinder internal combustion 

Page 7 of 28
engine aircraft that are typically utilized for aerial video and photography (while burn 

approximately 20-30 gallons per hour of leaded aviation fuel). The UASs, while reducing the 

carbon footprint of aerial image acquisitions, also eliminates noise pollution, as the UA are 

propelled by battery powered electric motors, rather than an internal combustion engine.

By using the petitioned UASs to perform aerial image 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, UASs (weighing 

approximately under 5 pounds respectively, at their maximum gross weights with (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.

3. Performing Aerial Video and Photography Operations With The P3P, DJI Inspire and Q500 

UASs Will Benefit The Economy.

In addition to being safe and efficient, the petitioned UASs are also an economical 

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

operation of the sUASs will allow United States-based companies, like the petitioner’s, 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 sUASs 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 petitioned sUASs, companies, such as the petitioner’s, 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 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, the petitioner's proposed operation will not implicate any privacy issues. Specifically, 

the UASs will be operated only in compliance with operating documents (i.e. Aerial Operations 

Manual and Instruction Manuals) 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.

D. 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 the Petitioner Seeks Exemption.

Page 8 of 28
1. Reasons why the P3P, DJI Inspire and Q500 sUASs Meet the Conditions of the FAA 

Modernization and Reform Act of 2012 (FMRA) §333.

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

the unmanned aircraft and its operation, The petitioner's operation of the P3P, DJI Inspire and 

Q500 sUASs meet the conditions of FMRA § 333, and will not require an airworthiness 

certificate in accordance with 14 C.F.R. Part 21, Subpart H. §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 § 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, the petitioner submits that the P3P, DJI Inspire and Q500 

sUASs can operate safely in the NAS pursuant to FMRA § 333, as demonstrated by: (a) the 

characteristics of the sUASs; (b) the pilot certification requirement; and (c) the specific operating 

limitations.

A. The Specifications Of the P3P, DJI Inspire and Q500 UAS’s Demonstrate Its Safe 

Characteristics. The P3P, DJI Inspire and Q500 sUASs 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 P3P, DJI Inspire and Q500 UASs. — The 

technical specifications of the P3P, DJI Inspire and Q500 sUASs are set forth by the 

sUAS specifications and data sheet, attached hereto as Appendix A, B and C.

Page 9 of 28
(ii) The P3P, DJI Inspire and Q500 sUAS’s Autonomous Flight And Navigation 

Modes Enable the sUASs To Remain Within A Defined Operational Area —The 

UASs may be operated in both manual and fully autonomous flight modes.

(iii) The P3P, DJI Inspire and Q500 sUASs 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 P3P, DJI Inspire and Q500 will remain stationary 

in flight, for 3 seconds or more. If, after 3 seconds, the sUASs 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.

B. Flight Operations of the P3P, DJI Inspire and Q500 sUASs are Limited to the Line of 

Sight (LOS) of a Certificated Pilot in Command (PIC) With A Safety Observer (SO). — 

The petitioner will only utilize certificated pilots who possess a current and valid airman 

medical certificate/state-issued driver’s license to act as a pilot in command (PIC) of the 

P3P, DJI Inspire and Q500 sUASs. Additionally, a safety observer (SO) will assist all pilots 

during flight time.

C. Flights of the P3P, DJI Inspire and Q500 sUASs will be Conducted Pursuant to 

Specific Operating Limitations. — In seeking this exemption, the petitioner proposes to 

commercially operate the P3P, DJI Inspire and Q500 sUASs 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's weighing less than 55 pounds 

maximum gross weight: the P3P, DJI Inspire and Q500 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 UA may not be flown at an indicated groundspeed exceeding 43 knots (50 mph).

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 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/stateissued driver’s license.

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 

Page 10 of 28
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 sUAS 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 sUAS 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 sUAS 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 person returning the sUAS to service.

Page 11 of 28
15. Each sUAS's 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 sport pilot certificate and at least a current third-class 

medical certificate or state-issued driver’s license.

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 sUAS 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 PIC's 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. sUAS operations may not be conducted during night, as defined in 14 C.F.R. §91.1. 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 

predetermined 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 UAS 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 

Page 12 of 28
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 (NNumber) 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 UAS must comply with the Federal Communications Commission (FCC) or 

other appropriate government oversight agency requirements.

28. The documents required under 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 sUAS must remain clear and yield the right of way to all manned aviation operations 

and activities at all times.

30. The sUAS 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 non-participating 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 non- participating persons 

from the UAS 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 

Page 13 of 28
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 §61.113(a) and (b) would not 

Adversely Affect Safety.

The petitioner submits that the equivalent level of safety established by §61.113(a) and 

(b) will be maintained because no PIC will be allowed to operate the sUASs unless that PIC has 

demonstrated, by meeting ten (10) flight-hours, that the PIC is able to safely operate the P3P, 

DJI Inspire and Q500 sUASs in a manner consistent with the exemption, including evasive and 

emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles 

and structures.

Considering the petitioner's proposed area of operations, and the operating limitations 

set forth-above, and the airmanship skills necessary to safely operate the P3P, DJI Inspire and 

Q500 sUASs, the petitioner submits that the additional manned airmanship experience of a 

privately certificated pilot would supplement the airmanship skills necessary for the petitioner's 

specific proposed flight operations.

The FAA has previously granted relief from §61.113(a) and (b) specific to sUAS, 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).

The petitioner will not allow any PIC to operate the P3P, DJI Inspire and Q500 sUASs 

unless that PIC has demonstrated, by meeting minimum flight-hour requirements of the sUASs 

training requirements, that the PIC is able to safely operate the sUASs 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), twenty-five (25) hours of total time as a sUAS rotorcraft pilot (with a minimum 

of 5 hours of those hours as a sUAS pilot operating the same make and model of sUAS to be 

used for operations under the exemption).

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 the petitioner'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 

Page 14 of 28
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 flighthour 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, the petitioner will ensure safe operations by not allowing any PIC to operate 

the P3P, DJI Inspire and Q500 sUASs unless that PIC has demonstrated, by meeting minimum 

flight-hour and currency requirements, that the PIC is able to safely operate the sUASs 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 §91.7(a) would not Adversely Affect 

Safety.

The equivalent level of safety established by §91.7(a) will be maintained because, prior 

to every flight, the petitioner will ensure that the P3P, DJI Inspire and Q500 sUASs are 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 §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 §91.121 would not Adversely Affect 

Safety.

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

altitude information of the P3P, DJI Inspire and Q500 sUASs 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 the petitioner's operation of the P3P, DJI Inspire and Q500 sUASs within visual line of sight, 

at or below 400 feet AGL will ensure a level of safety equivalent to §91.121. The altitude 

information will be generated by GPS equipment installed on board the aircraft. Prior to each 

flight, a zero altitude initiation point is automatically established by the UAS's onboard 

equipment at ground level.

Page 15 of 28
The FAA has previously granted relief from §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 §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. §91.151(b) as a result of (1) the technical specifications of the P3P, DJI Inspire and 

Q500 sUASs; (2) the limitations on the proposed flight operations; and (3) the location of the 

proposed flight operations. Accordingly, the petitioner will ensure that he will safely operate the 

battery powered the P3P, DJI Inspire and Q500 sUASs during daylight hours in VFR conditions, 

with enough battery power to fly for a total duration of 15 minutes to the first point of intended 

landing and, assuming normal cruising speed, to fly after that for at least 2.5 minutes.

Here, as in Exemption No. 11109, the technical specifications of the P3P, DJI Inspire and 

Q500 sUASs 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. §91.151(b). 

Furthermore, safety will be ensured as the sUASs 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 P3P, DJI Inspire and Q500 sUASs will descend and 

land automatically.

Significantly, previous exemptions granted by the FAA concerning §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 §91.151, including Exemption Nos. 2689, 5745, and 10650. 

Moreover, the FAA has previously granted relief from §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 §§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, the petitioner submits that the equivalent level of safety with 

regard to the regulatory maintenance and alteration requirements established by §§ 91.405(a), 

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met because the petitioner will 

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

sUASs using the methods, techniques, and practices prescribed in the operating documents 

i.e., the Operations Manual and the P3P, DJI Inspire and Q500 Instruction Manuals. 

Furthermore, the petitioner will document and maintain all maintenance records for the P3P, DJI 

Inspire and Q500 sUASs.

Since the P3P, DJI Inspire and Q500 sUASs will be inspected as prescribed by the 

operating documents, the petitioner will maintain the equivalent level of safety established by 

§§91.405(a), 91.409(a)(1), and 91.409(a)(2). The exemption sought will not adversely affect 

Page 16 of 28
safety because the petitioner will use trained technicians to perform maintenance, alterations or 

preventive maintenance on the sUASs using the methods, techniques, and practices prescribed 

by the operating documents.

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

established by §§91.407, 91.417(a) and 91.417(b), because all maintenance of the P3P, DJI 

Inspire and Q500 sUASs will be performed by trained technicians. Maintenance will be 

documented and maintained utilizing a monthly maintenance log.

Significantly, previous exemptions granted by the FAA concerning §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 sUAS are considered.

In consideration of the petitioner's proposed operating limitations, the operating 

documents, and the technical aspects of the P3P, DJI Inspire and Q500 sUASs, the petitioner 

submits that safety will not be adversely affected by granting exemption from 14 C.F.R. 

§§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 §333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 

14 C.F.R. §21.16 entitled Special Conditions, the petitioner requests that the FAA prescribe 

special conditions for the intended operation of the P3P, DJI Inspire and Q500 sUASs, 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 §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 P3P, DJI Inspire and Q500 sUASs, 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. §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, 

it may prescribe 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 

Page 17 of 28
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 §333 and 14 C.F.R. § 21.16, the FAA may 

prescribe special conditions for the petitioner's intended operation of the UAS’s, 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).

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

Which The Petitioner Seeks Exemption.

The petitioner 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).

A Brief Description Of The Nature Of The Exemption The petitioner Seeks:

This exemption will permit the petitioner to commercially operate an Unmanned Aircraft 

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

areas of the United States.

F. Any Additional Information, Views, or Arguments Available to Support the Petitioner’s 

Request.

This petition is made pursuant to the FAA Modernization and Reform Act of 2012

(FMRA) §333, which directs the Secretary of Transportation to determine if certain UAS may 

operate safely in the NAS. As such, the petitioner request for exemption may be granted 

pursuant to the authority of FMRA §333 and 14 C.F.R. Part 11, as set forth above. FMRA §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, the petitioner will operate the P3P, DJI Inspire and Q500 

sUASs 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, the petitioner seeks an exemption pursuant to 14 C.F.R. §11.61 and 

§333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe 

operation of the P3P, DJI Inspire and Q500 sUASs 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 the petitioner to safely, efficiently, and 

economically operate the P3P, DJI Inspire and Q500 sUASs commercially within the NAS.

Page 18 of 28
WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA 

Modernization and Reform Act of 2012, §333, the petitioner respectfully requests that the 

Administrator grant this Petition for an 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), and permit the petitioner to operate the aforementioned sUASs 

commercially for the purpose of conducting aerial video and photography over certain areas of 

the United States.

Respectfully submitted,

//S//

James Dempsey Pennington

Petitioner

Page 19 of 28
APPENDICES

A — DJI Phantom 3 Professional User’s Manual

B — DJI Inspire Professional User’s Manual

C — Yuneec Q500 Typhoon 4K User’s Manual

D — DJI Phantom 3 Professional Specifications/Performance

E — DJI Inspire Professional Specifications/Performance

F — Yuneec Q500 Typhoon 4K Specifications/Performance

Page 20 of 28
APPENDIX A

DJI Phantom 3 Professional User’s Manual

https://dl.djicdn.com/downloads/phantom_3/en/

Phantom_3_Professional_User_Manual__V1.6.pdf

Page 21 of 28
APPENDIX B

DJI Inspire Professional User’s Manual

https://dl.djicdn.com/downloads/inspire_1/en/Inspire%20_1_User_Manual__V1.8.pdf

Page 22 of 28
APPENDIX C

Yuneec Q500 Typhoon 4K User’s Manual

http://www.yuneec.com/download/manuals/q500_4k_user_manual.pdf

Page 23 of 28
APPENDIX D

DJI Phantom 3 Professional Specifications/Performance

AIRCRAFT

Weight (including battery and propellers) —1280 g

Diagonal size (including propellers) — 590 mm

Max Ascent Speed — 5 m/s

Max Descent Speed — 3 m/s

Hover Accuracy — Vertical: +/- 0.5m; Horizontal: +/- 1.5m

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

Max Service Ceiling Above Sea Level — 120 m above takeoff point

Operating Temperature — 0°C to 40°C

GPS Mode — GPS/GLONASS

GROUND CONTROL STATION

Operating Frequency — 2.400 GHz-2.483 GHz

Max Distance — Up to 5 km or 3.1 miles (unobstructed, free of interference)

Video Output Port — USB

Operating Temperature — 0°C- 40°C

Battery — 6000 mAh LiPo 2S

Receiver Sensitivity (1%PER) — -101 dBm ±2 dBm

Transmitter Power (EIRP) — 20 dBm

Working Voltage — 1.2 A @7.4 V

Page 24 of 28
APPENDIX E

DJI Inspire Professional Specifications/Performance

AIRCRAFT

Model — T600

Weight (Battery Included) — 2935 g

Hovering Accuracy (GPS mode) — Vertical: 0.5 m; Horizontal: 2.5 m

Max Angular Velocity — Pitch: 300°/s; Yaw: 150°/s

Max Tilt Angle — 35°

Max Ascent Speed — 5 m/s

Max Descent Speed — 4 m/s

Max Speed — 22 m/s (ATTI mode, no wind)

Max Service Ceiling Above Sea Level — 4500 m (Software altitude limit: 120 m above 

takeoff point)

Max Wind Speed Resistance — 10 m/s

Max Flight Time — Approximately 18 minutes

Motor Model — DJI 3510H

Propeller Model — DJI 1345T

Indoor Hovering — Enabled by default

Operating Temperature Range — -10° to 40° C

Diagonal Distance — 559 to 581 mm

Dimensions — 438x451x301 mm

Power Spectral Density — 9.06mW/MHz

GROUND CONTROL STATION

Name — C1

Operating Frequency — 5.725~5.825 GHz; 2.400~2.483 GHz

Page 25 of 28
Maximum Transmitting Distance — Up to 5 km or 3.1 miles (unobstructed, free of 

interference)

EIRP — 10dBm@900m, 13dBm@5.8G, 20dBm@2.4G

Video Output Port — USB, mini-HDMI

Power Supply — Built-in battery

Charging — DJI charger

Dual User Capability — Host-and-Slave connection

Output Power — 9 W

Operating Temperature Range — -10° to 40° C

Battery — 6000 mAh LiPo 2S

Page 26 of 28
APPENDIX F

Yuneec Q500 Typhoon 4K Specifications/Performance

AIRCRAFT

Flight Time — up to 25 minutes

Weight with Battery and Payload — 60.0 oz (1700g)

Weight without Battery and Payload — 40.0 oz (1130g)

Battery — 5400mAh 3S 11.1V LiPo (included)

Charger — 3S 11.1V LiPo DC Balancing Smart Charger with AC Adapter (included)

Transmitter — 10-channel 2.4GHz with 5.8GHz video downlink

3 Flight Modes — Smart (Follow Me and Watch Me), Angle and Home

Maximum Flying Height — Default 122m (400ft) above Ground Level

Maximum Rotation Rate — 65°/s

Maximum Roll Angle — 35°

Operating Temperature Range — −5°C to 80°C

Radio Control Frequency Band — 2.4GHz

Max. Descent Speed — 2m/s

Max. Flight Speed — 17mph / 27 kph (Angle Mode)

GROUND CONTROL STATION

Type — ST10+

Operating System — AndroidTM

Number of Channels — 10

Control Transmission Range (Optimum Conditions) — Up to 800m (2624.67 ft)

Robust Radio Control Modulation — Yuneec Protocol

Video Link Frequency Band — 5.8GHz

Video Transmission Range (Optimum Conditions) — Up to 600m (1968.5 ft)

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Flight Systems Telemetry Data On Screen Display — Yes

LED Backlit LCD Screen — Capacitive Multi-touch 5.5′′

Tactile (Vibrating) and Audible Feedback — Yes

Built-in LiPo Battery Voltage / Capacity — 3.6V/5200mAh 18.72Wh

Screen Resolution — 854 × 480px

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