UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

Regulatory Docket No. _______________

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

Realtime Aerial

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS

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

& (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL OPERATION OF DJI

PHANTOM 3 PROFESSIONAL AND DJI INSPIRE 1 UNMANNED AIRCRAFT SYSTEMS

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012

(PUBLIC LAW 112-95)

Submitted on June 15, 2015

Realtime Aerial

841 Brunellos Avenue

Las Vegas, Nevada 89123

702-353-5742
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Realtime Aerial—June 15, 2015

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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 REALTIME AERIAL SEEKS EXEMPTION 6

THE EXTENT OF RELIEF REALTIME AERIAL SEEKS AND THE REASON 

REALTIME AERIAL SEEKS THE RELIEF 9

THE REASONS WHY GRANTING REALTIME AERIAL REQUEST WOULD BE

IN THE PUBLIC INTEREST 11

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY

AFFECT SAFETY 13

CONCLUSION 22

APPENDIX A—DJI PHANTOM 3 PROFESSIONAL SPECIFICATIONS SHEET

APPENDIX B—DJI INSPIRE TECHNICAL SPECIFICATIONS SHEET

APPENDIX C—DJI PHANTOM 3 PROFESSIONAL MANUAL

APPENDIX D—DJI INSPIRE 1 MANUAL

APPENDIX E—REALTIME AERIAL MONTHLY MAINTENANCE LOG
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Realtime Aerial—June 15, 2015

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GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

GCS Ground Control Station

GPS Global Positioning System

LOL Loss of Link

NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot In Command

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

SO Safety Observer

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing
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SUMMARY

Realtime Aerial seeks exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 

91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), to operate an Unmanned 

Aircraft System pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This 

exemption will permit Ryan C. Jones, CEO/Co-Owner and/or Jason E. Hoffman, COO/Co-owner to 

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

photography of to be used in real estate, environmental / engineering projects, special events such as 

weddings and parties, sporting events, construction inspection purposes, educational outreach, and 

Hollywood-style videography purposes over certain areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

Realtime Aerial is a partnership formed by Ryan C. Jones and Jason E. Hoffman, both of Las Vegas, 

Nevada. Ryan (aged 36 years) has over 12 years of practical experience as an environmental geologist, 

with a focus on asbestos consultation. Jason (aged 38 years) has over 15 year of practical experience as 

an environmental geologist, with a focus on health and safety. We both have long-standing interests in 

professional photography and videography, and have spent a good portion of our lives engaged in 

technology and using technology as a tool to help us better understand the world around us.

The objective is to use our small business, Realtime Aerial, to provide aerial photography and 

videography services for a variety of commercial and public uses, specifically targeting:

• Real estate assessments and photography/videography.

• Environmental remediation/reclamation projects.

• Engineering project evaluations (e.g., before/during/after inspections).

• Special events (e.g., weddings, private parties, golf tournaments, charity events)

• Construction projects.

• Educational outreach in Southern Nevada (working with local school robotic programs and community 

outreach to educate and promote UAS applications)

• Professional (Hollywood) style productions for producers and other high-end entertainment projects.

BACKGROUND

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

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

DJI Phantom 3 Professional and DJI Inspire 1 are vertical takeoff and landing (VTOL) Unmanned Aircraft 

(UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. The DJI 

Phantom 3 Professional has a maximum gross weight of approximately 2 pounds 11 ounces, while 

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

approximately 29 knots. The DJI Inspire 1 has a maximum gross weight of 6 pounds 7.5 ounces, a length 

of 17.3 inches, width of 17.7 inches, height of 11.8 inches, and a maximum speed of approximately 42 

knots. The DJI Phantom 3 Professional and DJI Inspire 1UAs are equipped with four main rotors; driven 

by Lithium Polymer battery powered electric motors.
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Realtime Aerial—June 15, 2015

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The DJI Phantom 3 Professional and DJI Inspire 1 UAs that will be operated by Realtime Aerial 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, Realtime Aerial, pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 

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

Certain Unmanned Aircraft Systems, hereby petitions the Administrator to commercially operate the DJI 

Phantom 3 Professional and/or DJI Inspire 1 UASs in the National Airspace System (NAS), and for an 

exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 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, Realtime Aerial operation of DJI Phantom 3 Professional and DJI Inspire 1 UASs 

meets the conditions of FMRA Section 333 and therefore, will not require an airworthiness certificate in 

accordance with 14 C.F.R. Part 21, Subpart H. Accordingly, Realtime Aerial 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. Realtime 

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

Realtime Aerial will use experienced personnel or technicians to perform maintenance, alterations, or 

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

operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Professional and DJI Inspire 1 

Instruction Manual). Furthermore, Realtime Aerial will document and maintain all maintenance records 

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

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

limitations: Pilot in command, is requested by Realtime Aerial 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 flighthour and currency requirements, that the PIC is 

able to safely operate the DJI Phantom 3 Professional and DJI Inspire 1 UASs in a manner consistent with 

this exemption, including evasive and emergency maneuvers and maintaining appropriate distances 

from people, vessels, vehicles and structures.

Realtime Aerial seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, because the DJI 

Phantom 3 Professional and DJI Inspire 1 UASs do not require an airworthiness certificate in accordance 

with 14 C.F.R. Part 21, Subpart H. As such, Realtime Aerial submits that they will ensure that the DJI 

Phantom 3 Professional and DJI Inspire 1UASs are in an airworthy condition, prior to every flight, by 

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

Log, and DJI Phantom 3 Professional and DJI Inspire 1 Instruction Manual), and that the aircraft are in a 

condition for safe flight.

Realtime Aerial also seeks an exemption from the requirements of Section 91.121, entitled Altimeter 

Settings, as the DJI Phantom 3 Professional and DJI Inspire 1 UAs will not have a typical barometric 

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

1UAs will be provided to the PIC via Global Positioning System (GPS) equipment and radio 
FAA Petition for Exemption

Realtime Aerial—June 15, 2015

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communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of 

the flight path. This altitude information, combined with Realtime Aerial’s operation of the DJI Phantom 

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

level of safety equivalent to Section 91.121.

Additionally, Realtime Aerial seeks an exemption from the requirements of Section 91.151(b), entitled 

Fuel requirements for flight in VFR conditions. Realtime Aerial submits that safety will not be affected by 

operation of the DJI Phantom 3 Professional and DJI Inspire 1 UAs during daylight hours in visual 

meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fly for a 

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

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

In accordance with 14 C.F.R. § 11.81, Realtime Aerial 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:

Realtime Aerial

Ryan C. Jones, CEO/Co-owner; Jason E. Hoffman, COO/Co-owner

841 Brunellos Avenue

Las Vegas, Nevada 89123

702-353-5742

Email: rjones@realtimeaerial.com / jhoffman@realtimeaerial.com

B. The Specific Sections Of 14 C.F.R. From Which Realtime Aerial Seeks Exemption.

1. Realtime Aerial 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. Realtime Aerial Seeks Exemption From The Requirements Of Section 91.7(a).

Section 91.7, entitled Civil aircraft airworthiness, subsection (a), states the following:
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Realtime Aerial—June 15, 2015

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

3. Realtime Aerial Seeks Exemption From The Requirements Of Section 91.121.

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

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

the case may be, by reference to an altimeter that is set, when operating:

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

(i) The current reported altimeter setting of a station along the route and within 100 nautical miles of 

the aircraft;

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

reported altimeter setting of an appropriate available station; or

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

appropriate altimeter setting available before departure.

4. Realtime Aerial 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. Realtime Aerial 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. Realtime Aerial 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. Realtime Aerial 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:
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(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. Realtime Aerial 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.

(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.
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(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 Realtime Aerial Seeks And The Reason Realtime Aerial Seeks The Relief.

1. Extent Of Relief Realtime Aerial Seeks And The Reason Realtime Aerial 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 flighthour 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, Realtime Aerial submits that an equivalent level of safety will be 

maintained because no PIC will be allowed to operate the DJI Phantom 3 Professional UAS or DJI Inspire 

1 UAS unless that PIC has met certain flight-hour and currency requirements, demonstrating that the PIC 

is able to safely operate either the DJI Phantom 3 Professional or DJI Inspire 1 UAS in a manner 

consistent with the operations specifications as described in this exemption, including evasive and 

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

structures.

Further, Realtime Aerial submits that all flights of the DJI Phantom 3 Professional and DJI Inspire 1 UASs, 

conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to Realtime Aerial’s

business; and (2) will not carry passengers or property for compensation or hire.

2. Extent Of Relief Realtime Aerial Seeks And The Reason Realtime Aerial 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 Realtime Aerial to determine that the DJI Phantom 3 Professional and DJI Inspire 1 UASs are in 

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

documents (i.e., the Realtime Aerial Aerial Operations Manual, Monthly Maintenance Log, and DJI 

Phantom 3 Professional and DJI Inspire 1 Instruction Manual).

Realtime Aerial seeks the requested relief because the DJI Phantom 3 Professional and DJI Inspire 1 

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

Therefore, Realtime Aerial will ensure that the DJI Phantom 3 Professional and DJI Inspire 1 UASs are in 

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

Maintenance Log, and DJI Phantom 3 Professional and DJI Inspire 1 Instruction Manual) prior to every 

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

and limitations below.
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3. Extent Of Relief Realtime Aerial Seeks And The Reason Realtime Aerial Seeks Relief From Section 

91.121.

Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight operations of the 

DJI Phantom 3 Professional and DJI Inspire 1 UASs, which utilize a barometric pressure sensor, GPS 

equipment, and a radio communications telemetry data link to downlink altitude information from the 

UA to the PIC at the ground control station (GCS). Since the FAA requires that any altitude information 

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

Realtime Aerial seeks the requested relief because the DJI Phantom 3 Professional and DJI Inspire 1 UA’s 

altimeter may be set on the ground to zero feet AGL, rather than the local barometric pressure or field 

altitude, before each flight.

Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is sought to the 

extent necessary to comply with the applicable conditions and limitations stated below. As more fully 

set forth herein, an equivalent level of safety will be maintained since the DJI Phantom 3 Professional

and DJI Inspire 1 UAs are equipped with a barometric pressure sensor and GPS equipment, which 

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

provides the PIC with altitude information of the UA on the heads-up display of the GCS.

4. Extent Of Relief Realtime Aerial Seeks And The Reason Realtime Aerial Seeks Relief From Section 

91.151(b).

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

extent required to allow flights of the battery powered DJI Phantom 3 Professional and DJI Inspire 1 UAs 

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

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

speed, to fly after that for at least 4.5 minutes. Realtime Aerial seeks the requested relief because 

without an exemption from Section 91.151(b), the flight time duration of the battery powered DJI 

Phantom 3 Professional and DJI Inspire 1 UAs will severely constrain the practicality of any aerial video 

or still photo flight operations that Realtime Aerial proposes to conduct pursuant to this Petition.

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

Inspire 1 UASs, the DJI Phantom 3 Professional and DJI Inspire 1 operating documents,and Realtime 

Aerial proposed operating limitations, ensure that Realtime Aerial will safely operate the battery 

powered DJI Phantom 3 Professional and DJI Inspire 1 UAs during daylight hours in visual meteorological 

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

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

for at least 4.5 minutes.

5. Extent Of Relief Realtime Aerial Seeks And The Reason Realtime Aerial 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, Realtime Aerial requests relief from these Sections because the DJI 

Phantom 3 Professional and DJI Inspire 1 UASs do not require airworthiness certificates. As set forth 

more fully below, the DJI Phantom 3 Professional and DJI Inspire 1 UASs meet the conditions of FMRA 

Section 333 for operation without an airworthiness certificate. Accordingly, Realtime Aerial will use 
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Realtime Aerial—June 15, 2015

Page 11

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

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

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

Inspire 1 Instruction Manual). Furthermore, Realtime Aerial will document and maintain all 

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

D. The Reasons Why Granting Realtime Aerial 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 Realtime Aerial to safely, 

efficiently, and economically perform aerial video and photography of real estate, environmental / 

engineering projects, social events, construction projects, sporting events, educational events, and 

Hollywood-style projects over certain areas of the United States.

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

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

Realtime Aerial’s proposed operation of the DJI Phantom 3 Professional and DJI Inspire 1 UASs will be 

realized without implicating any privacy issues.

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

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

and economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery. By 

reducing the amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing 

the use of a DJI Phantom 3 Professional or DJI Inspire 1 UAS would reduce the amount of manned 

aircraft in the NAS, reduce noise and air pollution, as well as increase the safety of life and property in 

the air and on the ground.

Furthermore, by reducing the number of manned aircraft operating in the NAS, congestion around 

airports caused by arriving and departing aircraft will be reduced. The DJI Phantom 3 Professional and 

DJI Inspire 1 UAs do not require an airport to takeoff or land. Likewise, a reduction of manned aircraft 

conducting aerial video and photography missions would result in fewer aircraft that must be handled 

by air traffic control during the ground, takeoff, departure, arrival, and landing phases of flight 

operations.

2. The Public Will Benefit From The Safety And Efficiency Of The DJI Phantom 3 Professional and DJI 

Inspire 1 UASs.

Conducting aerial acquisitions with the DJI Phantom 3 Professional and DJI Inspire 1 UASs, instead of 

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

pollution generated during traditional aerial video and still photography flight operations. By using 

battery power and electric motors, the DJI Phantom 3 Professional and DJI Inspire 1 UASs produce no air 

pollution, and is the most viable environmentally conscious alternative to the cabin class, six cylinder 

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

burning approximately 20-30 gallons per hour of leaded aviation fuel. The DJI Phantom 3 Professional

and DJI Inspire 1 UAs, while reducing the carbon footprint of aerial acquisitions, also eliminates noise 

pollution, as the UAs are propelled by battery powered electric motors, rather than an internal 

combustion engine.
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By using the DJI Phantom 3 Professional and DJI Inspire 1 UASs to perform aerial acquisitions, the 

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

traditional manned aircraft flight operations, will be substantially reduced or completely eliminated. 

Aside from the lack of flight crew members located onboard the aircraft, the DJI Phantom 3 Professional

and DJI Inspire 1 UAs (weighing approximately 2 pounds 11 ounces and 6 pounds 7.5 ounces 

respectively, at their maximum gross weights with lengths of 16 inches and 17.3 inches respectively, 

widths of 16 inches and 17.7 inches respectively, and with no fuel on board), has less physical potential 

for collateral damage to life and property on the ground, and in the air, compared to the manned 

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

of approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons).

3. Performing Aerial Video and Photography Operations With The DJI Phantom 3 Professional and DJI 

Inspire 1 UASs Will Benefit The Economy.

In addition to being safe and efficient, the DJI Phantom 3 Professional and DJI Inspire 1 UASs are also an 

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

of the DJI Phantom 3 Professional and DJI Inspire 1 UASs will allow United States based companies, like 

Realtime Aerial, to remain competitive and contribute to growth of the U.S. economy. Specifically, with 

the rising cost of aviation fuel and the Environmental Protection Agency (“EPA”) regulatory actions 

phasing out leaded aviation fuels, U.S. owned and operated companies must adopt new and alternative 

technology in order to remain competitive. Operating the battery powered DJI Phantom 3 Professional

and DJI Inspire 1 UASs is one such technology that not only allows companies greater operational 

flexibility compared to manned aircraft, but provides such flexibility without the high operational cost of 

a traditional manned aircraft.

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

can remain competitive and profitable, and therefore, provide greater job stability to employees and 

contractors, which will ultimately contribute to growth of the U.S. economy. Improved financial 

performance of U.S. companies, through commercial use of the DJI Phantom 3 Professional and DJI 

Inspire 1 UASs, provides a stable workforce that increases consumer spending; improves local, state, and 

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

competitive both in the United States and abroad.

4. There Are No Privacy Issues.

Similar to the manned aerial acquisition flight operations that have been conducted for decades,

Realtime Aerial’s proposed operation of the DJI Phantom 3 Professional and DJI Inspire 1 UASs will not 

implicate any privacy issues. Specifically, the DJI Phantom 3 Professional and DJI Inspire 1 UASs will be 

operated only in compliance with operating documents (i.e., the Realtime Aerial Aerial Operations 

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

Manual) which requires property owner involvement as well as local law enforcement notification, and 

in accordance with the Federal Aviation Regulations, including the minimum altitude requirements of 14 

C.F.R. § 91.119.
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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 Realtime Aerial Seeks Exemption.

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

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

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

aircraft and its operation, Realtime Aerial’s operation of the DJI Phantom 3 Professional and DJI Inspire 1 

UASs meet the conditions of FMRA Section 333, and will not require an airworthiness certificate in 

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

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

requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or 

otherwise pose a threat to national security. Specifically, FMRA Section 333 states the following, in part:

(a) In General.--Notwithstanding any other requirement of this subtitle, and not later than 180 days after 

the date of enactment of this Act, the Secretary of Transportation shall determine if certain unmanned 

aircraft systems may operate safely in the national airspace system before completion of the plan and 

rule making 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, Realtime Aerial submits that the DJI Phantom 3 Professional and DJI Inspire 1 

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

characteristics of the DJI Phantom 3 Professional and DJI Inspire 1 UASs; (b) the pilot certification 

requirement; and (c) the specific operating limitations.

a. The Specifications Of The DJI Phantom 3 Professional and DJI Inspire 1 UASs Demonstrate Its Safe 

Characteristics.

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

public, or otherwise pose a threat to national security considering its size, weight, speed, and 

operational capability.

i. Technical Specifications Of The DJI Phantom 3 Professional and DJI Inspire 1 UASs.
FAA Petition for Exemption

Realtime Aerial—June 15, 2015

Page 14

The technical specifications of the DJI Phantom 3 Professional and DJI Inspire 1 UASs are set forth by the 

DJI Phantom 3 Professional and DJI Inspire 1 Specifications and Data Sheet, attached hereto as Appendix

A and B.

ii. The DJI Phantom 3 Professional and DJI Inspire 1 UASs Autonomous Flight And Navigation Modes 

Enable The UASs To Remain Within A Defined Operational Area.

The DJI Phantom 3 Professional and DJI Inspire 1 UASs may be operated in both manual and fully 

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

Phantom 3 Professional and DJI Inspire 1 UASs is provided at pages 25-35 of the DJI Phantom 3 

Professional and pages 12-16 and 45-50 of the DJI Inspire 1 User Manuals, attached hereto as Appendix

C and D.

iii. The DJI Phantom 3 Professional and DJI Inspire 1 UASs Are Designed For Automatic Return To 

Home Point Or Hover In The Event Of Loss Of The Control Link Or Navigation.

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

stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 3 Professional and DJI 

Inspire 1 UAs do not reacquire control link data from the GCS, the UAs will assume that the Control Link 

is lost and the UAs will return to the home position (i.e., failsafe mode) via GPS, and will descend to the 

takeoff position and shutdown. A complete description of the Failsafe Functions of the DJI Phantom 3 

Professional UAS are set forth at pages 27 through 29 and for the DJI Inspire 1 at pages 13 through 15 of 

the DJI Phantom 3 Professional and DJI Inspire 1 User Manuals, attached hereto as Appendix C and D.

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

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

Inspire 1 GCS and flight control software is provided at pages 32 through 43 of the DJI Phantom 3 

Professional User Manual and pages 40 through 47 of the DJI Inspire 1 User Manual. DJI Phantom 3 

Professional and DJI Inspire 1 User Manuals are attached hereto as Appendixs C and D.

b. Flight Operations Of DJI Phantom 3 Professional and DJI Inspire 1 UASs Are Limited To The Line Of 

Sight Of A Certificated Pilot in Command With A Safety Observer.

Realtime Aerial will only utilize certificated pilots who possess a current and valid airman medical 

certificate to act as a pilot in command (PIC) of the DJI Phantom 3 Professional and DJI Inspire 1 UASs. 

Additionally, a safety observer will assist all pilots during flight time.

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

Pursuant To Specific Operating Limitations.

In seeking this exemption, Realtime Aerial proposes to commercially operate DJI Phantom 3 Professional

and DJI Inspire 1 UASs for the special purpose of conducting aerial video and photography over certain 

areas of United States, pursuant to the following specific operating limitations:

1. Operations authorized by this grant of exemption will be limited to the following aircraft described in 

the operating documents, rotorcraft UASs weighing less than 55 pounds maximum gross weight: DJI 

Phantom 3 Professional and DJI Inspire 1 Unmanned Aircraft Systems. Proposed operations of any other 

aircraft will require a new petition or a petition to amend this grant.
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Realtime Aerial—June 15, 2015

Page 15

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 UAS must be operated at an altitude of no more than 500 feet above ground level (AGL), as 

indicated by the procedures specified in the operating documents unless a special request is made and 

approved by ATC. All altitudes reported to ATC must be in feet AGL.

5. The UAS must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the 

PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on 

the PIC’s FAA-issued airman medical certificate.

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

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

requirement as long as the PIC always maintains VLOS capability. The SO and PIC must be able to 

communicate verbally at all times. Electronic messaging or texting is not permitted during flight 

operations. The PIC must be designated before the flight and cannot transfer his or her designation for 

the duration of the flight. The PIC must ensure that the SO can perform the functions prescribed in the 

operating documents.

8. The SO must not perform any other duties beyond assisting the PIC with seeing and avoiding other air 

traffic and other ground based obstacles/obstructions and is not permitted to operate the camera or 

other instruments.

9. The operating documents and the grant of exemption must be accessible during UAS operations and 

made available to the Administrator upon request. If a discrepancy exists between the conditions and 

limitations contained in the grant of exemption and the procedures outlined in the operating 

documents, the conditions and limitations contained in the grant of exemption take precedence and 

must be followed. Otherwise, the operator must follow the procedures as outlined in its operating 

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

responsibility to track such revisions and present updated and revised documents to the Administrator 

upon request. The operator must also present updated and revised documents if it petitions for 

extension or amendment to the grant of exemption. If the operator determines that any update or 

revision would affect the basis upon which the FAA granted the exemption, then the operator must 

petition for amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS-80) may be 

contacted if questions arise regarding updates or revisions to the operating documents.

10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a condition for safe flight. If 

the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited 

from operating until the necessary maintenance has been performed and the UAS is found to be in a 

condition for safe flight. The Ground Control Station must be included in the preflight inspection. All 

maintenance and alterations must be properly documented in the aircraft records.

11. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight 

characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight. The 

PIC who conducts the functional test flight must make an entry in the aircraft records.
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Realtime Aerial—June 15, 2015

Page 16

12. The pre-flight inspection must account for all potential discrepancies, e.g. inoperable components, 

items, or equipment, not already covered in the relevant sections of the operating documents.

13. The operator must follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, 

replacement, inspection, and life limit requirements.

14. The operator must carry out its maintenance, inspections, and record keeping requirements, in 

accordance with the operating documents. Maintenance, inspection, alterations, and status of 

replacement/overhaul component parts must be noted in the aircraft records, including total time in 

service, description of work accomplished, and the signature of the authorized person returning the UAS 

to service.

15. Each UASs operated under this exemption must comply with all manufacturer Safety Bulletins.

16. The authorized person must make an entry in the aircraft record of the corrective action taken 

against discrepancies discovered between inspections.

17. The PIC must possess at least a private pilot certificate and at least a current third-class medical 

certificate.

18. The operator may not permit any PIC to operate unless the PIC meets the operator’s qualification 

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

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

appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours must 

be logged in a manner consistent with 14 C.F.R. § 61.51(b). Flights for the purposes of training the 

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

be conducted during dedicated training sessions. During training, proficiency, and experience-building 

flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must 

operate the UA with appropriate distance from nonparticipants in accordance with 14 C.F.R. § 91.119.

19. UAS operations may not be conducted during night, as defined in 14 C.F.R. § 1.1. All operations must 

be conducted under visual meteorological conditions (VMC). If flight at night is required, a special 

request will be made at the FAA office closest to proposed area of operations. Flights under special 

visual flight rules (SVFR) are not authorized.

20. The UA may not operate within 5 nautical miles of an airport reference point as denoted on a 

current FAA-published aeronautical chart unless a letter of agreement with that airport’s management is 

obtained, and the operation is conducted in accordance with a NOTAM as required by the operator’s 

COA. The letter of agreement with the airport management must be made available to the 

Administrator upon request.

21. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a 

cloud or when visibility is less than 3 statute miles from the PIC.

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

within the planned operating area and land or be recovered in accordance with the operating 

documents.
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Realtime Aerial—June 15, 2015

Page 17

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 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 

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 UAS must remain clear and yield the right of way to all manned aviation operations and 

activities at all times.

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

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

other than the PIC, SO, operator trainees or essential persons), vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA 

and/or debris in the event of an accident. The operator must ensure that nonparticipating persons 

remain under such protection. If a situation arises where nonparticipating persons leave such protection 

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

b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such 

vessels, vehicles or structures has granted permission and the PIC has made a safety assessment of the 

risk of operating closer to those objects and determined that it does not present an undue hazard, and;

c. Operations nearer to the PIC, SO, operator trainees or essential persons do not present an undue 

hazard to those persons per § 91.119(a).

32. All operations shall be conducted over private or controlled-access property with permission from 

the land owner/controller or authorized representative. Permission from land owner/controller or 

authorized representative will be obtained for each flight to be conducted.
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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.

Realtime Aerial submits that the equivalent level of safety established by Section 61.113(a) and (b) will 

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

1 UASs unless that PIC has demonstrated, by meeting minimum flight-hour and currency requirements, 

that the PIC is able to safely operate the DJI Phantom 3 Professional or DJI Inspire 1 UAS in a manner 

consistent with the exemption, including evasive and emergency maneuvers and maintaining 

appropriate distances from people, vessels, vehicles and structures.

Considering Realtime Aerial’s proposed area of operations, and the operating limitations set forthabove; the parallel nature of private pilot aeronautical knowledge requirements to those of commercial 

pilot requirements (See Exemption No. 11062); and the airmanship skills necessary to safely operate the 

DJI Phantom 3 Professional or DJI Inspire 1 UAS, Realtime Aerial submits that the additional manned 

airmanship experience of a commercially certificated pilot would not correlate to the airmanship skills 

necessary for Realtime Aerial’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).

Realtime Aerial will not allow any PIC to operate the DJI Phantom 3 Professional or DJI Inspire 1 UAS 

unless that PIC has demonstrated, by meeting minimum flight-hour requirements or the DJI Phantom 3 

Professional or DJI Inspire 1 UAS training and currency requirements, that the PIC is able to safely 

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

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

vessels, vehicles and structures. Specifically, the PIC must have accumulated and logged, in a manner 

consistent with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 

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

operations under the exemption). In addition to the hour requirements, the PIC must accomplish 3 

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

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

in compliance with applicable regulations will ensure an equivalent level of safety during Realtime 

Aerial’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 
FAA Petition for Exemption

Realtime Aerial—June 15, 2015

Page 19

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

make and model of UAS to be used for operations under the exemption. For clarification, the FAA 

considers these minimum hour requirements to be inclusive rather than additive; i.e. 5 hours make and 

model time may be included in the 10 hours of multi-rotor time and the 10 hours may be included in the 

total 25 hours of UAS rotorcraft time. In addition to the hour requirements, the PIC must accomplish 3 

takeoffs and landings in the preceding 90 days (for currency purposes). The FAA finds that at a 

minimum, the flight-hour requirements in Exemption No. 11062 are appropriate to practice and build 

proficiency in the skills necessary to safely conduct the petitioner’s proposed operations. The FAA also

finds that prior documented flight experience that was obtained in compliance with applicable 

regulations would satisfy this requirement. Training, proficiency, and experience-building flights can also 

be conducted under the grant of exemption to accomplish the required flight time. During training, 

proficiency, and experience-building flights the PIC is required to operate the UA with appropriate 

distances in accordance with 14 C.F.R 91.119.

Exemption No. 11138 at page 15. Accordingly, Realtime Aerial will ensure safe operations by not 

allowing any PIC to operate the DJI Phantom 3 Professional or DJI Inspire 1 UAS unless that PIC has 

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

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

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

vessels, vehicles and structures.

3. Reasons Why An Exemption From The Requirements Of Section 91.7(a) Would Not Adversely Affect 

Safety.

The equivalent level of safety established by Section 91.7(a) will be maintained because prior to every 

flight, Realtime Aerial will ensure that the DJI Phantom 3 Professional or DJI Inspire 1 UAS is in an 

airworthy condition based upon the UAS’s compliance with its operating documents and as stated in the 

conditions and limitations herein.

Additionally, the FAA has previously granted relief from Section 91.7(a) specific to UAS, in circumstances 

similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 

11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 

11159, 11160, 11161).

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

Safety.

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

information of the DJI Phantom 3 Professional and DJI Inspire 1 UAS will be provided to the PIC via GPS 

equipment and a radio communications telemetry data link, which downlinks from the UA to the GCS 

for active monitoring of the flight path and altitude. This altitude information, combined with Realtime 

Aerial’s operation of the DJI Phantom 3 Professional and DJI Inspire 1 UAS within visual line of sight, at 

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

information will be generated by GPS equipment installed onboard the aircraft. Prior to each flight, a 

zero altitude initiation point is automatically established by the UASs at ground level.
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Realtime Aerial—June 15, 2015

Page 20

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

material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 

11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

5. Reasons Why An Exemption From The Requirements Of Section 91.151(b) Would Not Adversely 

Affect Safety.

A grant of this exemption would ensure an equivalent level of safety established by 14 C.F.R. Section 

91.151(b) as a result of (1) the technical specifications of the DJI Phantom 3 Professional and DJI Inspire 

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

operations. Accordingly, Realtime Aerial will ensure that it will safely operate the battery powered DJI 

Phantom 3 Professional and DJI Inspire 1 UAs during daylight hours in VFR conditions, with enough 

battery power to fly for a total duration of 13.5 minutes to the first point of intended landing and, 

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

Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom 3 Professional and DJI 

Inspire 1 UASs; the limitations on the proposed flight operations; and the location of the proposed 

operations, will ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b). 

Furthermore, safety will be ensured as the DJI Phantom 3 Professional and DJI Inspire 1 UASs provide 

audible and visual warnings to the PIC at the GCS when the UAS experiences low battery voltage, the 

first warning occurring at approximately 33% remaining battery power, and again at approximately 10% 

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

Inspire 1 UASs will descend and land automatically.

Significantly, previous exemptions granted by the FAA concerning Section 91.151 establish that safety is 

not adversely affected when the technical characteristics and operating limitations of the UAS are 

considered. Relief has been granted for manned aircraft to operate at less than the minimums 

prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has 

previously granted relief from Section 91.151 specific to UAS, in circumstances similar, in all material 

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

11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 

11159, 11160, 11161).

6. Reasons Why An Exemption From The Requirements Of Sections 91.405(a), 91.407(a)(1), 

91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would Not Adversely Affect Safety.

In seeking this exemption, Realtime Aerial 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 Realtime Aerial will use trained 

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

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

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

Instruction Manual).

Furthermore, Realtime Aerial will document and maintain all maintenance records for the DJI Phantom 

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

inspected as prescribed by the operating documents, Realtime Aerial will maintain the equivalent level 
FAA Petition for Exemption

Realtime Aerial—June 15, 2015

Page 21

of safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of the DJI Phantom 3 

Professional and DJI Inspire 1 User Manuals are attached hereto as Appendix C and D; a copy of the DJI 

Phantom 3 Professional and DJI Inspire 1 UAS Maintenance LOG is attached hereto as Appendix E.

Likewise, the exemption sought will not adversely affect safety because Realtime Aerial will use trained 

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

methods, techniques, and practices prescribed by the operating documents.

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

91.407, 91.417(a) and 91.417(b), because all maintenance of the DJI Phantom 3 Professional and DJI 

Inspire 1 UASs will be performed by trained technicians. Maintenance will be documented and 

maintained utilizing the monthly maintenance log. Significantly, previous exemptions granted by the 

FAA concerning Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that 

safety is not adversely affected when the technical characteristics and operating limitations of the UAS 

are considered.

In consideration of Realtime Aerial’s proposed operating limitations, the operating documents, and the 

technical aspects of the DJI Phantom 3 Professional and DJI Inspire 1 UASs, Realtime Aerial 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, Realtime Aerial requests that the FAA prescribe special conditions 

for the intended operation of the DJI Phantom 3 Professional and DJI Inspire 1 UASs, which contain such 

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

established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 

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

safe operation of the UAS for the limited purpose of conducting aerial video and photography over 

certain areas of the UnitedStates for compensation or hire. FMRA Section 333 sets forth the 

requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or 

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

without airworthiness certification in accordance with any requirements that must be established for 

the safe operation of the UAS in the NAS.

Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for operation 

of the DJI Phantom 3 Professional and DJI Inspire 1 UASs, since the airworthiness regulations of 14 C.F.R. 

Part 21 do not contain adequate or appropriate safety standards, due to the novel or unusual design 

features of the aircraft. Section 21.16, entitled Special Conditions, states the following:

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

appropriate safety standards for an aircraft, aircraft engine, or propeller because of a novel or unusual 

design feature of the aircraft, aircraft engine or propeller, he prescribes special conditions and 
FAA Petition for Exemption

Realtime Aerial—June 15, 2015

Page 22

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 intended operation of the DJI Phantom 3 Professional and DJI Inspire 1 UASs, which contain 

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

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

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

• A Summary That Can Be Published In The Federal Register, stating: The Rules From Which Realtime 

Aerial Seeks Exemption:

Realtime Aerial 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 Realtime Aerial Seeks:

This exemption will permit Realtime Aerial 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 Realtime Aerial.

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, Realtime Aerial’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, Realtime Aerial will operate the DJI Phantom 3 Professional and DJI Inspire 

1 UASs safely in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose 

a threat to national security.

CONCLUSION

As set forth herein, Realtime Aerial seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of 

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

Phantom 3 Professional and DJI Inspire 1 UASs commercially, without an airworthiness certificate, for 

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

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

Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing 

Realtime Aerial to safely, efficiently, and economically operate the DJI Phantom 3 Professional and DJI 

Inspire 1 UASs commercially within the NAS.

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

Reform Act of 2012, Section 333, Realtime Aerial respectfully requests that the Administrator grant this 
FAA Petition for Exemption

Realtime Aerial—June 15, 2015

Page 23

Petition for an exemption from the requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 

91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a) (2), and 91.417(a) & (b), and permit Leading Edge 

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

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

Dated: June 8, 2015

Respectfully submitted,

Realtime Aerial—Ryan C. Jones, CEO/Co-owner

_________________________

Realtime Aerial—Jason E. Hoffman, COO/Co-owner

_________________________

Realtime Aerial

841 Brunellos Avenue

Las Vegas, Nevada 89123

702-353-5742
APPPENDIX – A

DJI PHANTOM 3 Professional TECHNICAL SPECIFICATIONS

Realtime Aerial only utilizes safe and reliable UASs. DJI is an industry leader in small UAS production. DJI 

UASs are loaded with ground breaking software enabling the user to set parameters which will not allow 

flight into controlled airspace. Parameters can also be set to limit flight to no higher than a 

predetermined and set altitude as well as limit flight to a predetermined and set distance. In addition, 

DJI software provides real-time altitude and location information to the PIC via the linked monitor 

(smart phone/tablet devices).

1.1 DJI Phantom 3 Professional

1.1.1 Aircraft

1.1.1.1 Supported Battery – DJI 5200mAH LiPo Battery

1.1.1.2 Weight (Battery & Propellers Included) – 2lbs 11.810oz (1242g)

1.1.1.3 Hover Accuracy (Ready to Fly) – Vertical: .8m; Horizontal: 2.5m

1.1.1.4 Max Yaw Angular Velocity - 2000/s

1.1.1.5 Max Tilt Angel - 350

1.1.1.6 Max Ascent Speed – 6m/s

1.1.1.7 Max Descent Speed – 2m/s

1.1.1.8 Max Flight Speed – 15m/s (NOT RECOMMENDED)

1.1.2 Gimbal

1.1.2.1 Working Current – Static: 750mA; Dynamic: 900mA

1.1.2.2 Control Accuracy - ±0.030

1.1.2.3 Controllable Range – Pitch: -900 - 00

1.1.2.4 Maximum Angular Speed – Pitch: 900/s

1.1.3 Camera

1.1.3.1 Operating Temperature Range - 320F - 1040F (00C - 400C)

1.1.3.2 Sensor Size – 1/2.3”

1.1.3.3 Effective Pixels – 14M

1.1.3.4 Resolution – 4384x3288

1.1.3.5 HD Video Recording – 1080p & 720p

1.1.3.6 Recording Field of View - 1100/850
1.1.4 Transmitter

1.1.4.1 Operating Frequency – 5.728GHz – 5.85GHz

1.1.4.2 Communication Distance (unobstructed) – FCC Compliance: 800m

1.1.4.3 Receiver Sensitivity (1%PER) - -93dBm

1.1.4.4 Transmitter Power – FCC Compliance: 100mW

1.1.4.5 Working Voltage – 120mA@3.7V

1.1.5 Range Extender

1.1.5.1 Operating Frequency – 2412-2462MHz

1.1.5.2 Communication Distance (unobstructed) – 500-700m

1.1.5.3 Transmitter Power – 20dBm

1.1.5.4 Power Consumption – 2W
APPENDIX – B

DJI INSPIRE 1 TECHNICAL SPECIFICATIONS

Realtime Aerial only utilizes safe and reliable UASs. DJI is an industry leader in small UAS production. DJI 

UASs are loaded with ground breaking software enabling the user to set parameters which will not allow 

flight into controlled airspace. Parameters can also be set to limit flight to no higher than a 

predetermined and set altitude as well as limit flight to a predetermined and set distance. In addition, 

DJI software provides real-time altitude and location information to the PIC via the linked monitor 

(smart phone/tablet devices).

2.2 DJI Inspire 1

2.2.1 Aircraft

2.2.1.1 Model – T600

2.2.1.2 Weight (Battery Included) – 6lbs 7.5291oz (2935g)

2.2.1.3 Hovering Accuracy (GPS Mode) – Vertical: 0.5m; Horizontal: 2.5m

2.2.1.4 Max Angular Velocity – Pitch: 3000/s; Yaw: 1500/s

2.2.1.5 Max Tilt Angle - 350

2.2.1.6 Max Ascent Speed – 5m/s

2.2.1.7 Max Descent Speed – 4m/s

2.2.1.8 Max Speed – 22m/s (ATTI mode, no wind – NOT RECOMMENDED)

2.2.1.9 Max Flight Altitude – 4500m

2.2.1.10 Max Wind Resistance – 10m/s

2.2.1.11 Max Flight Time – Approximately 18 minutes

2.2.1.12 Motor Model – DJI 3510

2.2.1.13 Propeller Model – DJI 1345

2.2.1.14 Operating Temperature Range – 140F to 1040F (-100C to 400C)

2.2.1.15 Dimensions – 17 1⁄4” x 17 3⁄4” x 12”

2.2.2 Gimbal

2.2.2.1 Model – ZENMUSE X3

2.2.2.2 Output Power (with camera) – Static: 9W; In Motion: 11W

2.2.2.3 Operating Current – Static: 750mA; In Motion: 900mA

2.2.2.4 Angular Vibration Range - ±0.030
2.2.2.5 Mounting – Detachable

2.2.2.6 Controllable Range – Pitch: -900 to +300; Pan: ±3200

2.2.2.7 Mechanical Range – Pitch: -1250 to 450; Pan: ±3300

2.2.2.8 Max Controllable Speed – Pitch: 1200/s; Pan: 1800/s

2.2.3 Camera

2.2.3.1 Name – X3

2.2.3.2 Model – FC350

2.2.3.3 Total Pixels – 12.76M

2.2.3.4 Effective Pixels – 12.4M

2.2.3.5 Image Max Size – 4000x3000

2.2.3.6 ISO Range – 100-3200

2.2.3.7 Field of View - 940

2.2.3.8 CMOS – Sony EXMOR 1/2.3”

2.2.3.9 HD Video Recording – UHD(4K): 4096x2160p24/25, 3840x2160p24/25/30; FHD: 

1920x1080p24/25/30/48/50/60; HD: 1280x720p24/25/30/48/50/60

2.2.3.10 Operating Temperature Range - 320F - 1040F (00C - 400C)

2.2.4 Transmitter

2.2.4.1 Name – C1

2.2.4.2 Operating Frequency – 5.728-5.850GHz; 2.400-2.483GHz

2.2.4.3 Communicating Distance (unobstructed) – 2000m

2.2.4.4 Output Power – 9W

2.2.4.5 Operating Temperature Range - 140F to 1040F (-100C to 400C)

2.2.4.6 Battery – 600mAh LiPo 2S
APPENDIX – C

DJI INSPIRE 3 PROFESSIONAL USER MANUAL
APPENDIX – D

DJI INSPIRE 1 USER MANUAL
APPENDIX – E

REALTIME AERIAL MONTHLY MAINTENANCE LOG