FEBRUARY, 11 2016

Attn:

U. S. Department of Transportation Docket Operations West Building 

Ground Floor, Room w12-140

1200 New Jersey Ave, SE Washington, DC 20590 

RE: BADFISH CREATIVE, LLC

REQUEST AN EXEMPTION FROM THE REQUIREMENTS OF 

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS

SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 

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

CONCERNING COMMERCIAL OPERATION OF DJI PHANTOM 3, 

DJI INSPIRE 1 PRO UNMANNED AIRCRAFT SYSTEMS 

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012 

(PUBLIC LAW 112-95) 

CHRISTIAN BAHAMONDE

President

BADFISH CREATIVE, LLC 650 EAST 47 STREET, HIALEAH, FL 

33013

305-915-7978 CHRIS@BADFISHCREAIVE.COM

1 

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.........................................................................6 

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

ALTEK MEDIA GROUP SEEKS 

EXEMPTION.............................................................................................

...............7 

THE EXTENT OF RELIEF THE ALTEK MEDIA GROUP SEEKS 

AND THE REASON THE ALTEK MEDIA GROUP SEEKS THE 

RELIEF..............................................................10 

THE REASONS WHY GRANTING THE ALTEK MEDIA GROUP’S 

REQUEST WOULD BE IN THE PUBLIC 

INTEREST ............................................................................................12 

THE REASONS WHY GRANTING THE EXEMPTION TO THE 

ALTEK MEDIA GROUP WOULD NOT ADVERSELY AFFECT 

SAFETY..............................................................14 

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL 

REGISTER...................25 

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS 

AVAILABLE TO SUPPORT THE ALTEK MEDIA GROUP’S 

REQUEST..................................................25 

CONCLUSION...........................................................................................

..........................25 

APPENDICES......................................................................................... 
26 

2 

AGL

AOI

ATC

ATO

AV

CFR

COA

FAA

FAR

GCS

GPS

LOL

NAS NOTAM PIC Section 333 SO 

SOP UA UAS VFR VLOS VMC VTOL 

GLOSSARY OF ABBREVIATIONS 

Above Ground Level Area of Interest

Air Traffic Control

Air Traffic Organization Aerial Vehicle 

Code of Federal Regulations Certificate of Authorization Federal 

Aviation Administration Federal Aviation Regulation Ground Control 

Station 

Global Positioning System Loss of Link

National Airspace System Notice to Airman 

Pilot In Command

FAA Modernization and Reform Act of 2012 (FMRA) Safety Observer

Standard Operating Procedures

Unmanned Aircraft
Unmanned Aircraft System

Visual Flight Rules

Visual Line of Site

Visual Meteorological Conditions

Vertical Takeoff and Landing 

3 

SUMMARY 

BADDISH CREATIVE, 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 (DJI Phantom 3, DJI Inspire 1Pro) pursuant 

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

(FMRA). This exemption will permit BADFISH CREATIVE, LLC to 

operate an Unmanned Aircraft System (UAS) for the commercial 

purpose of conducting aerial video and photography of construction 

sites, residential and commercial real estate, civil landscapes and events 

over certain areas of the United States. 

INTRODUCTION AND INTERESTS OF THE PETITIONER 

BADFISH CREATIVE, LLC has for over fifteen years provided their 

clients (which include private sector businesses and non-profits, along 

with local state and federal agencies) with expertise and knowledge in 

video and multimedia marketing, advertising, public relations and 

training using advanced technologies and solutions. BADFISH 

CREATIVE, LLC has worked on thousands of productions over the past 

15 years in all types of locations with a perfect client and employee 

safety record. In the past we have supplied our clients aerial video and 

photography using commercial aircraft. The objective of BADFISH 

CREATIVE, LLC and our Unmanned Aircraft System (DJI Phantom 3, 

DJI Inspire 1Pro) aerial operations is to provide a more affordable, highquality production system for a variety of governmental, commercial, 

public, and residential uses, specifically targeting 
• Construction sites before and after 

• Appraisals 

• Real-estate marketing 

• Economic development 

• Civic landmarks 

• Special event coverage 

• Private and governmental training 

• Aerial Cinematography

• Commercial Cinematography

• Private Cinematography

My staff has safely flown small RC electric quadcopters 

recreationally for approximately 7 years without incident. 

BACKGROUND 

Unmanned Aircraft Systems: DJI Phantom 3, DJI Inspire 1Pro, 

UAS 

BADFISH CREATIVE, LLC seeks an exemption to operate DJI 

Phantom 3, DJI Inspire 1Pro system for compensation or hire 

within the NAS. The DJI Phantom 3 and DJI Inspire 1Pro is 

vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) 
with a Ground Control Station (GCS) utilizing electronic tablet or 

smart phone systems. The DJI Phantom 3 has a maximum gross 

weight of approximately 2.8 lb. while having a diagonal dimension 

of 23.2”, a maximum speed of approximately 16.4’fps and a 

maximum flying height of 400'. The DJI Phantom 3 is equipped 

with four main rotors; driven by Lithium Polymer battery powered 

electric motors. The DJI Inspire 1Pro Has a maximum gross 

weight of approximately 7.8 lb. while having a diagonal dimension 

of 22.8”, a maximum speed of approximately 22’fps and a 

maximum flying height of 400'. The DJI Inspire 1Pro is equipped 

with four main rotors; driven by Lithium Polymer battery powered 

electric motors. 

4 

The DJI Phantom 3 and the DJI Inspire 1Pro that will be operated by 

BADFISH CREATIVE, 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, BADFISH CREATIVE, 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 and DJI 

Inspire 1Pro, UAS 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), 91.121, 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, BADFISH 

CREATIVE, LLC operation of DJI Phantom 3 and DJI Inspire 1Pro 

UAS 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, BADFISH CREATIVE, 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. 

BADFISH CREATIVE, LLC submits that the requested relief is proper 

since an equivalent level of safety will be ensured. BADFISH 

CREATIVE, LLC will use experienced personnel or technicians to 

perform maintenance, alterations, or preventive maintenance on the 

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

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

3 and DJI Inspire 1Pro Instruction Manual). Furthermore, BADFISH 

CREATIVE, LLC will document and maintain all maintenance records 

for the DJI Phantom 3 and Inspire 1Pro UAS. 

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

Private pilot privileges and limitations: Pilot in command, is requested 

by BADFISH CREATIVE, 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 and DJI Inspire 1Pro UAS in 

a manner consistent with this exemption, including evasive and 

emergency maneuvers and maintaining appropriate distances from 

people, vessels, vehicles and structures. 

The BADFISH CREATIVE, LLC seeks relief from Section 91.7(a), 

entitled Civil aircraft airworthiness, because the DJI Phantom 3 and DJI 

Inspire 1Pro UAS do not require an airworthiness certificate in 

accordance with 14 C.F.R. Part 21, Subpart H. As such, BADFISH 
CREATIVE, LLC submits that they will ensure that the DJI Phantom 3 

and DJI Inspire 1Pro UAS is in an airworthy condition, prior to every 

flight, by determining that the UAS are in compliance with the operating 

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

Inspire 1Pro Instruction Manual), and that the aircraft are in a condition 

for safe flight. 

5 

The BADFISH CREATIVE, LLC also seeks an exemption from the 

requirements of Section 91.121, entitled Altimeter Settings, as the DJI 

Phantom 3 and DJI Inspire 1Pro UAS will not have a typical barometric 

altimeter onboard. However, altitude information of the DJI Phantom 3 

and DJI Inspire 1Pro UAS 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 

BADFISH CREATIVE, LLC’s operation of the DJI Phantom 3 and DJI 

Inspire 1Pro UAS within visual line of sight, at or below 400 feet AGL, 

will ensure a level of safety equivalent to Section 91.121. 

Additionally, BADFISH CREATIVE, LLC seeks an exemption from the 

requirements of Section 91.151(b), entitled Fuel requirements for flight 

in VFR conditions. BADFISH CREATIVE, LLC submits that safety will 

not be affected by operation of the DJI Phantom 3 and DJI Inspire 1Pro 

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 23 minutes. Battery power indicators are 

also able to show exactly how much battery power is left, as well as how 

much time is needed to return safely back to point of take off. 

In accordance with 14 C.F.R. § 11.81, BADFISH CREATIVE, 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: 

CHRISTIAN BAHAMONDE

President

BADFISH CREATIVE, LLC 650 EAST 47 STREET, HIALEAH, FL 

33013

305-915-7978 CHRIS@BADFISHCREAIVE.COM6 

B. The Specific Sections Of 14 C.F.R. From Which BADFISH 

CREATIVE, LLC Seeks Exemption. 

1. BADFISH CREATIVE, 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. BADFISH CREATIVE, 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. BADFISH CREATIVE, LLC Seeks Exemption From The 

Requirements Of Section 91.121. 

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

following, in part: 

(a) Each person operating an aircraft shall maintain the cruising altitude 

or flight level of that aircraft, as the case may be, by reference to an 

altimeter that is set, when operating-- 

(1) Below 18,000 feet MSL, to-- 

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

within 100 nautical miles of the aircraft; 

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

of this section, the current reported altimeter setting of an appropriate 

available station; or 

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

the departure airport or an appropriate altimeter setting available before 

departure. 

7 

4. BADFISH CREATIVE, 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. BADFISH CREATIVE, 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— 

(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. BADFISH CREATIVE, 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: 

(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. BADFISH CREATIVE, 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:

(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 

8. BADFISH CREATIVE, 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: 

(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; 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. 

9 

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

periods prescribed: 

(1) The records specified in paragraph (a)(1) of this section shall be 

retained until the work is repeated or superseded by other work or for 1 

year after the work is performed. 

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

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

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

43.11 of this chapter shall be retained until the defects are repaired and 

the aircraft is approved for return to service. 

C. The Extent Of Relief BADFISH CREATIVE, LLC Seeks And 

The Reason BADFISH CREATIVE, LLC Seeks The Relief. 

1. Extent Of Relief BADFISH CREATIVE, LLC Seeks And The 

Reason BADFISH CREATIVE, 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, BADFISH CREATIVE, LLC submits 

that an equivalent level of safety will be maintained because no PIC will 

be allowed to operate the DJI Phantom 3 and DJI Inspire 1Pro 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 and DJI Inspire 1Pro 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, BADFISH CREATIVE, LLC submits that all flights of the DJI 

Phantom 3 and DJI Inspire 1Pro UAS, conducted by the PIC pursuant to 

the grant of this Petition: (1) will be incidental to BADFISH 

CREATIVE, LLC’s business; and (2) will not carry passengers or 

property for compensation or hire. 

10 

2. Extent Of Relief BADFISH CREATIVE, LLC Seeks And The 

Reason BADFISH CREATIVE, 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 BADFISH CREATIVE, LLC to 
determine that the DJI Phantom 3 and DJI Inspire 1Pro UAS are in 

airworthy condition prior to every flight by ensuring that the UAS is in 

compliance with the operating documents (i.e., the BADFISH 

CREATIVE, LLC Aerial Operations Manual, Monthly Maintenance 

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

BADFISH CREATIVE, LLC seeks the requested relief because the DJI 

Phantom 3 and DJI Inspire 1Pro UAS do not require an airworthiness 

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

BADFISH CREATIVE, LLC will ensure that the DJI Phantom 3 and 

DJI Inspire 1Pro UAS are in airworthy condition based upon its 

compliance with the operating documents (i.e., Monthly Maintenance 

Log, and DJI Phantom 3 and DJI Inspire 1Pro) 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 BADFISH CREATIVE, LLC Seeks And The 

Reason BADFISH CREATIVE, 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 and DJI Inspire 1Pro 

UAS, 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), The ALTEK MEDIA GROUP seeks the requested relief 

because the DJI Phantom 3 and DJI Inspire 1Pro UAS’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 and DJI Inspire 1Pro 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 BADFISH CREATIVE, LLC Seeks And The 

Reason BADFISH CREATIVE, 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 and DJI Inspire 1Pro UAS during 

daylight hours in visual meteorological conditions (VMC), under visual 

flight rules (VFR), for a total duration of 23 minutes. BADFISH 

CREATIVE, LLC seeks the requested relief because without an 

exemption from Section 91.151(b), the flight time duration of the 

11 

battery powered DJI Phantom 3 and DJI Inspire 1Pro UAS will severely 

constrain the practicality of any aerial video or still photo flight 

operations that BADFISH CREATIVE, LLC proposes to conduct 

pursuant to this Petition. 

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

Phantom 3 and DJI Inspire 1Pro UAS, the DJI Phantom 3 and DJI 

Inspire 1Pro operating documents, and BADFISH CREATIVE, LLC’s 

proposed operating limitations, ensure that BADFISH CREATIVE, LLC 

will safely operate the battery powered DJI Phantom 3 and DJI Inspire 

1Pro 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 23 minutes. 

5. Extent Of Relief BADFISH CREATIVE, LLC Seeks And The 

Reason BADFISH CREATIVE, 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, 

The BADFISH CREATIVE, LLC requests relief from these Sections 

because the DJI Phantom 3 UAS do not require airworthiness 

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

Inspire 1Pro UAS meet the conditions of FMRA Section 333 for 

operation without an airworthiness certificate. Accordingly, BADFISH 

CREATIVE, LLC will use trained technicians to perform maintenance, 

alterations, or preventive maintenance on the UAS using the methods, 

techniques, and practices prescribed in the UAS operating documents 

(i.e., the BADFISH CREATIVE, LLC Aerial Operations Manual, 

Monthly Maintenance Log, and DJI Phantom 3 and DJI Inspire 1Pro 

Instruction Manual). Furthermore, BADFISH CREATIVE, LLC will 

document and maintain all maintenance records for the DJI Phantom 3 

and DJI Inspire 1Pro UAS. 

D. The Reasons Why Granting BADFISH CREATIVE, 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 

BADFISH CREATIVE, LLC to safely, efficiently, and economically 

perform aerial video and photography of construction sites, real estate, 

events, civic landscape, aerial cinematography over certain areas of the 

United States. 

Additionally, use of the DJI Phantom 3 and DJI Inspire 1Pro UAS will 

decrease congestion of the NAS, reduce pollution, and provide 

significant benefits to the economy. Notably, the benefits of BADFISH 

CREATIVE, LLC’s proposed operation of the DJI Phantom 3 and DJI 

Inspire 1Pro UAS will be realized without implicating any privacy 

issues. 

1. The Public Will Benefit From Decreased Congestion Of The NAS. 
The DJI Phantom 3 and DJI Inspire 1Pro 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 

12 

amount of manned aircraft needed to perform aerial acquisitions, an 

exemption allowing the use of a DJI Phantom 3 and DJI Inspire 1Pro 

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 and DJI Inspire 1Pro 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 and DJI Inspire 1Pro UAS. 

Conducting aerial acquisitions with the DJI Phantom 3 and DJI Inspire 

1Pro UAS, instead of manned aircraft, will greatly benefit the public by 

drastically reducing the levels of air and noise pollution generated 

during traditional aerial video and still photography flight operations. By 

using battery power and electric motors, the DJI Phantom 3 and DJI 

Inspire 1Pro UAS 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 and DJI Inspire 1Pro 

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 and DJI Inspire 1Pro UAS to perform aerial 

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

ground, which is usually associated with traditional manned aircraft 

flight operations, will be substantially reduced or completely eliminated. 

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

the DJI Phantom 3 and DJI Inspire 1Pro UAS (weighing approximately 

2.8 pounds at their maximum gross weight with diagonal dimension of 

23.2 inches, 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 and DJI Inspire 1Pro UAS Will Benefit The 

Economy. 

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

Inspire 1Pro UAS are also an economical alternative to using manned 

aircraft to conduct similar aerial operations. As such, operation of the 

DJI Phantom 3 and DJI Inspire 1Pro UAS will allow United States based 

companies, like BADFISH CREATIVE, 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 and DJI Inspire 1Pro UAS is one such 

technology that not only allows companies greater operational 

13 

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 and DJI Inspire 1Pro UAS, companies 

such as BADFISH CREATIVE, 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 and DJI Inspire 1Pro UAS, 

provides a stable workforce that increases consumer spending; improves 

local, state, and federal tax revenues; and allows companies to invest in 

research and development in order to remain competitive both in the 

United States and abroad. 

4. There Are No Privacy Issues. 

Similar to the manned aerial acquisition flight operations that have been 

conducted for decades, BADFISH CREATIVE, LLC’s proposed 

operation of the DJI Phantom 3 and DJI Inspire 1Pro UAS will not 

implicate any privacy issues. Specifically, the DJI Phantom 3 and DJI 

Inspire 1Pro UAS will be operated only in compliance with operating 

documents (i.e., the BADFISH CREATIVE, LLC Aerial Operations 

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

1Pro 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 BADFISH CREATIVE, LLC Seeks Exemption. 

1. Reasons Why The DJI Phantom 3 and DJI Inspire 1Pro 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, BADFISH 

CREATIVE, LLC’s operation of the DJI Phantom 3 and DJI Inspire 

1Pro UAS 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. 

14 

(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, BADFISH CREATIVE, LLC submits that the 

DJI Phantom 3 and DJI Inspire 1Pro UAS can operate safely in the NAS 

pursuant to FMRA Section 333, as demonstrated by: (a) the 

characteristics of the DJI Phantom 3 UAS; (b) the pilot certification 

requirement; and (c) the specific operating limitations. 

a. The Specifications Of The DJI Phantom 3 and DJI Inspire 1Pro

UAS Demonstrate Its Safe Characteristics. 

The DJI Phantom 3 UAS does not create a hazard to users of the NAS or 

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

size, weight, speed, and operational capability. 

i. Technical Specifications Of The DJI Phantom 3 and DJI Inspire 

1Pro UAS. 

The technical specifications of the DJI Phantom 3 and DJI Inspire 1Pro 

UAS are set forth by the DJI Phantom 3 and DJI Inspire 1Pro User 

Manual, attached hereto as Appendix A. 

ii. The DJI Phantom 3 and DJI Inspire 1Pro UAS Global Positioning 

Modes Enable The UAS To Remain Within A Defined Operational 

Area. 

The DJI Phantom 3 and DJI Inspire 1Pro UAS may be operated in both 

manual and global positioning flight modes. A complete description of 

the flight and navigational modes of the DJI Phantom 3 and DJI Inspire 

1Pro UAS is provided at pages 11 of the DJI Phantom 3 and DJI Inspire 

1Pro User Manual attached hereto as Appendix A. 

iii. The DJI Phantom 3 and DJI Inspire 1Pro UAS 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 and DJI Inspire 1Pro 

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

seconds, the DJI Phantom 3 and DJI Inspire 1Pro UAS does not 

reacquire control link data from the GCS, the UAS will assume that the 

Control Link is lost and the will return to the home position (i.e., failsafe 

mode) via GPS, and will descend to the takeoff position and shutdown. 

15 

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

and DJI Inspire 1Pro UAS are set forth at pages 12 through 14 of the DJI 

Phantom 3 User Manual, attached hereto as Appendix A. 

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

Operation. 

A complete description of the operation and specifications of the DJI 

Phantom 3 and DJI Inspire 1Pro GCS and flight control software is 

provided at pages 23 through 29 of the DJI Phantom 3 and DJI Inspire 

1Pro User Manual. DJI Phantom 3 and DJI Inspire 1Pro User Manual is 

attached hereto as Appendix A. 

b. Flight Operations Of DJI Phantom 3 and DJI Inspire 1Pro UAS 

Is Limited To The Line Of Sight Of A Certificated Pilot in 

Command With A Safety Observer. 

BADFISH CREATIVE, LLC video production staff will be the only 

persons to act as a pilot in command (PIC) of the DJI Phantom 3 and DJI 

Inspire 1Pro UAS. Additionally, a safety observer will assist him at all 

times during flight time. 

c. Flights Of DJI Phantom 3 and DJI Inspire 1Pro UAS Will Be 

Conducted Pursuant To Specific Operating Limitations. 

In seeking this exemption, The BADFISH CREATIVE, LLC proposes 

to commercially operate DJI Phantom 3 and DJI Inspire 1Pro UAS for 
the special purpose of conducting aerial video and photography over 

certain areas of United States, pursuant to the following specific 

operating limitations. 

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

following aircraft described in the operating documents, rotorcraft UAS 

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

and DJI Inspire 1Pro 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 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. 

6. The use of first person view (FPV) by the PIC or safety observer (SO) 

is not permitted. 

16 

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. 

17 

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 UAS 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. 

18 

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; 

19 

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. 

BADFISH CREATIVE, LLC no PIC will be allowed to operate the DJI 

Phantom 3 and DJI Inspire 1Pro 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 and DJI Inspire 1Pro 
UAS in a manner consistent with the exemption, including evasive and 

emergency maneuvers and maintaining appropriate distances from 

people, vessels, vehicles and structures. 

Considering BADFISH CREATIVE, 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 and DJI 

Inspire 1Pro UAS, BADFISH CREATIVE, LLC submits that the 

additional manned airmanship experience of a commercially certificated 

pilot would not correlate to the airmanship skills necessary for 

BADFISH CREATIVE, 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). 

The BADFISH CREATIVE, LLC will not allow any PIC to operate the 

DJI Phantom 3 and DJI Inspire 1Pro UAS unless that PIC has 

demonstrated, by meeting minimum flight-hour requirements or the DJI 

Phantom 3 and DJI Inspire 1Pro UAS training and currency 

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

and DJI Inspire 1Pro 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 

20 

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 BADFISH 

CREATIVE, 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 experiencebuilding 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, BADFISH CREATIVE, LLC will ensure safe operations 

by not allowing any PIC to operate the DJI Phantom 3 and DJI Inspire 

1Pro 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 and DJI Inspire 1Pro 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. 

21 

The equivalent level of safety established by Section 91.7(a) will be 

maintained because prior to every flight, BADFISH CREATIVE, LLC 

will ensure that the DJI Phantom 3 and DJI Inspire 1Pro 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 and 

DJI Inspire 1Pro 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 BADFISH CREATIVE, 
LLC’s operation of the DJI Phantom 3 and DJI Inspire 1Pro 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 

UAS at ground level. 

The FAA has previously granted relief from Section 91.121 specific to 

UAS, in circumstances similar, in all material respects, to those 

presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 

11066, 11067, 11080, 11109, 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 and DJI Inspire 1Pro UAS; 

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

of the proposed flight operations. Accordingly, BADFISH CREATIVE, 

LLC will ensure that it will safely operate the battery powered DJI 

Phantom 3 and DJI Inspire 1Pro UAS during daylight hours in VFR 

conditions, with enough battery power to fly for a total duration of 23 

minutes. 

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

Phantom 3 and DJI Inspire 1Pro 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 and 

DJI Inspire 1Pro UAS 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 
22 

power. At the critically low battery level, the DJI Phantom 3 and DJI 

Inspire 1Pro UAS 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, BADFISH CREATIVE, 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 The 

BADFISH CREATIVE, LLC will use trained technicians to perform 

maintenance, alterations, or preventive maintenance on the UAS using 

the methods, techniques, and practices prescribed in the operating 

documents (i.e., the BADFISH CREATIVE, LLC Aerial Operations 

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

1Pro Instruction Manual). Furthermore, BADFISH CREATIVE, LLC 

will document and maintain all maintenance records for the DJI 

Phantom 3 and DJI Inspire 1Pro UAS. 

Since the DJI Phantom 3 and DJI Inspire 1Pro UAS will be inspected as 

prescribed by the operating documents, BADFISH CREATIVE, 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 

and DJI Inspire 1Pro User Manuals are attached hereto as Appendix A 

and B; a copy of the DJI Phantom 3 UAS Maintenance LOG is attached 

hereto as Appendix C. 

Likewise, the exemption sought will not adversely affect safety because 

BADFISH CREATIVE, 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 and DJI Inspire 1Pro 

UAS will be performed by trained technicians. Maintenance will be 

documented and maintained utilizing the monthly maintenance log. 

Significantly, previous exemptions granted by the FAA concerning 

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

(b) establish that safety is not adversely affected when the technical 

characteristics and operating limitations of the UAS are considered. 

23 

In consideration of BADFISH CREATIVE, LLC’s proposed operating 

limitations, the operating documents, and the technical aspects of the 

DJI Phantom 3 and DJI Inspire 1Pro UAS, BADFISH CREATIVE, 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, 

BADFISH CREATIVE, LLC requests that the FAA prescribe special 

conditions for the intended operation of the DJI Phantom 3 and DJI 

Inspire 1Pro UAS, 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 and DJI Inspire 

1Pro UAS, 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 and DJI Inspire 1Pro UAS, 

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 

24 

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 BADFISH CREATIVE, LLC Seeks 

Exemption: 

The BADFISH CREATIVE, 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 The ALTEK 

MEDIA GROUP Seeks: 

This exemption will permit The BADFISH CREATIVE, 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 The BADFISH CREATIVE, 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, The 

BADFISH CREATIVE, 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, The BADFISH CREATIVE, LLC will 

operate the DJI Phantom 3 UAS safely in the NAS, without creating a 

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

national security. 

CONCLUSION 

As set forth herein, BADFISH CREATIVE, 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 and DJI Inspire 1Pro UAS 

commercially, without an airworthiness certificate, for the limited 

purpose of conducting aerial video and photography over certain areas 

of the United States. By granting this Petition, the FAA Administrator 

will be fulfilling the Congressional mandate of the FAA Modernization 

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

public, by allowing BADFISH CREATIVE, LLC to safely, efficiently, 

and economically operate the DJI Phantom 3 and DJI Inspire 1Pro UAS 

commercially within the NAS. 

25 

WHEREFORE, in accordance with the Federal Aviation Regulations 

and the FAA Modernization and Reform Act of 2012, Section 333, The 

BADFISH CREATIVE, 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 and DJI Inspire 1Pro 

UAS commercially for the purpose of conducting aerial video and 

photography over certain areas of the United States. 

Dated: February 11, 2016 Respectfully submitted, 

CHRISTIAN BAHAMONDE

President

BADFISH CREATIVE, LLC 650 EAST 47 STREET, HIALEAH, FL 

33013

305-915-7978 CHRIS@BADFISHCREAIVE.COM

Appendices:

A – Link to DJI Phantom 3 and DJI Inspire 1Pro Manual: Click on link 

below 

http://download.dji- innovations.com/downloads/phantom_3/en/

Phantom_3_Professional_User_Manual_v1.2_en.pdf 

http://dl.djicdn.com/downloads/inspire_1_pro/en/

Inspire_1_Pro_User_Manual_en_v1.0_1201.pdf

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