UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

Regulatory Docket No. _______________

IN THE MATTER OF THE PETITION FOR EXEMPTION OF

DIANA TREMBLY

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF 

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS 61.23(a) & (c), 

61.101(e)(4) & (5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 91.121, 91.151(a) & (b), 91.405

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

CONCERNING COMMERCIAL OPERATION OF 

DJI PHANTOM 3 PROFESSIONAL UNMANNED AIRCRAFT SYSTEMS

PURSUANT TO SECTION 333 OF THE FEDERAL AVIATION ADMINISTRATION 

MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112-95)

Dated March 10, 2016

Section 333 Petition

Diana Trembly
I. Introduction

 Diana Trembly, 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, seeks an exemption from the requirements of 14 C.F.R 

Sections 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 91.121, 

91.151(a) and (b), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b) in order 

to permit Diana Trembly to commercially operate the DJI Phantom 3 Professional Unmanned 

Aircraft System (UAS), without an airworthiness certificate, for the purpose of conducting aerial 

data collection over certain areas of the United States. 

 Diana Trembly is a commercial pilot (Certificate Number # 2747856) (airplane, singleengine land, instrument-rated). Ms. Trembly seeks this exemption in order to collect aerial data 

for a variety of commercial uses (including but not limited to real estate, events such as 

weddings and sports events, search and rescue, advertising, and motion picture filming and 

photography) using a DJI Phantom 3 Professional UAS and to hire pilots who may not yet be 

commercially-rated to act as Pilot in Command (PIC) of the DJI Phantom 3 Professional UAS. 

 The DJI Phantom 3 Professional UAS is a 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 UAS has a maximum gross weight of approximately 2 

pounds 11 ounces, with a length of 16 inches, a width of 16 inches, a height of 8 inches, and a 

maximum speed of approximately 29 knots. The DJI Phantom 3 Professional is equipped with 

four main rotors and is driven by Lithium Polymer battery-powered electric motors. Any DJI 

Phantom 3 Professional that will be operated by Ms. Trembly 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. In 

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

its operation, Ms. Trembly’s operation of DJI Phantom 3 Professional UAS meets the conditions 

of FMRA Section 333 and therefore, does not require an airworthiness certificate in accordance 

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

In accordance with 14 C.F.R. § 11.81, Ms. Trembly provides the following information 

below in support of her petition for exemption.

II. Exemption Request

A. Name And Address Of The Petitioner

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

Diana Trembly 

1445 Sixth St., #402 

Santa Monica, CA 90401 

Tel: (310) 435-5130

Section 333 Petition

Diana Trembly
Email: DianaTrembly@gmail.com

B. The Specific Sections of 14 C.F.R. From Which Ms. Trembly Seeks Exemption

• 14 CFR § 61.23(a) & (c)

• 14 CFR § 61.101(e)(4) & (5)

• 14 CFR § 61.113(a)

• 14 CFR § 61.315(a)

• 14 CFR § 91.7(a)

• 14 CFR § 91.119(c)

• 14 CFR § 91.121

• 14 CFR § 91.151(a) & (b)

• 14 CFR § 91.405(a)

• 14 CFR § 91.407(a)(1)

• 14 CFR § 91.409(a)(1) & (2)

• 14 CFR § 91.417(a) & (b)

• And any other sections of 14 C.F.R. from which exemption is required in order to 

safely commercially operate the UAS in the National Air System (NAS)

C. The Extent of Relief Ms. Trembly Seeks and the Reasons for Such Relief

1. The Extent of Relief Ms. Trembly Seeks

• Relief from 14 CFR § 61.23(a) and (c) is requested to the extent necessary to 

allow the Pilot in Command (PIC) to hold a current FAA airman medical 

certificate or a valid U.S. driver’s license issued by a state, the District of 

Columbia, Puerto Rico, a territory, a possession, or the Federal government. 

• Relief from 14 CFR § 61.101(e)(4) and (5) is requested in order to allow Ms. 

Trembly to operate the DJI Phantom 3 Professional UAS for compensation or hire 

and in furtherance of Ms. Trembly’s business. 

• Relief from 14 CFR § 61.113(a) is requested to the extent necessary to allow the 

PIC to hold a sport pilot or higher airman certificate and a current FAA airman 

medical certificate or a valid U.S. driver’s license issued by a state, the District of 

Columbia, Puerto Rico, a territory, a possession, or the Federal government and 

who has also met currency requirements as stipulated by the FAA for acting as 

PIC of a UAS, to conduct the proposed UAS flight operations for compensation 

or hire. 

• Relief from 14 CFR § 61.315(a) is requested to the extent necessary to allow a 

holder of a sport pilot certificate or higher airman certificate to operate a UAS for 

compensation or hire and in furtherance of a business.

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Diana Trembly
• Relief from 14 CFR § 91.7(a) is requested to the extent required to allow Ms. 

Trembly to determine that the DJI Phantom 3 Professional UAS is in airworthy 

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

operating documents (i.e., the monthly maintenance log and DJI Phantom 3 

Professional Instruction Manual). 

• Relief from 14 CFR § 91.119(c) is requested so that Ms. Trembly can operate the 

DJI Phantom 3 Professional at altitudes of lower than 500 feet above the surface 

and closer than 500 feet to persons, vessels, vehicles, or structures. 

• Relief from 14 CFR § 91.119(c) is requested so that the UA’s altimeter may be set 

on the ground to zero feet Above Ground Level (AGL), rather than the local 

barometric pressure or field altitude, before each flight, given that the FAA 

requires that any altitude information concerning UAS operations be reported to 

Air Traffic Control (ATC) in feet AGL.

• Relief from 14 CFR § 91.151(a) and (b) is requested so that Ms. Trembly may 

operate the DJI Phantom 3 Professional provided there is enough available power 

for the UA to conduct the intended operation and to operate after that for at least 5 

minutes or with the reserve power recommended by the manufacturer, if greater.

• Relief from 14 CFR §§ 91.405(a), 91.407(a)(1), 14 CFR § 91.409(a)(1) and (2), 

and 14 CFR § 91.417(a) and (b) is requested because these sections only apply to 

aircraft with an airworthiness certificate and, pursuant to FMRA Section 333, the 

DJI Phantom 3 Professional meets the conditions for operation without an 

airworthiness certificate.

(a) The Reasons for Such Relief

Diana Trembly sees relief from the aforementioned sections of 14 C.F.R. in order to safely 

operate a UAS in the National Airspace System (NAS) and collect aerial data for commercial 

purposes. Absent such relief, Ms. Trembly will not be able to operate the DJI Phantom 3 

Professional for commercial purposes or in a manner consistent with other UAS exemptions 

granted in the past by the FAA. The relief Ms. Trembly seeks is in conformity with UAS 

exemptions the FAA has issued in the past. See, e.g., Grants of Exemption Nos. 11062 to 

Astaeus Aerial (Docket No. FAA-2014-0352), 11109 to Clayco, Inc. (Docket No. 

FAA-2014-0507), 11112 to VDOS Global, LLC (Docket No. FAA-2014-0382), 11213 to Aeryon 

Labs, Inc. (Docket No. FAA-2014-0642), and 12645 to Allied Drones (Docket No. 

FAA-2014-0804).

D. The Reasons Why Granting Ms. Trembly’s Request is in the Public Interest and 

Benefits the Public as a Whole

Section 333 Petition

Diana Trembly
 The FAA has previously found that allowing the UAS operations described in this Petition 

is in the public interest given the enhanced safety of using an UA as opposed to a larger manned 

aircraft carrying both crew and flammable fuel. See, e.g., Grants of Exemption Nos. 11062 to 

Astaeus Aerial (Docket No. FAA-2014-0352), 11109 to Clayco, Inc. (Docket No. 

FAA-2014-0507), 11112 to VDOS Global, LLC (Docket No. FAA-2014-0382), 11213 to Aeryon 

Labs, Inc. (Docket No. FAA-2014-0642), and 12645 to Allied Drones (Docket No. 

FAA-2014-0804). 

 Specifically, Ms. Trembly’s request is in the public interest and benefits the public as a 

whole in the following ways:

Decreased Congestion of the National Airspace System 

 The DJI Phantom 3 Professional UAS is battery powered and serves as a safe, efficient, 

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

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

allowing the use of a DJI Phantom 3 Professional UAS would reduce the amount of manned 

aircraft in the NAS, reduce noise and air pollution, and 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, as 

the DJI Phantom 3 Professional does 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 ATC during the ground, takeoff, departure, arrival, and 

landing phases of flight operations.

Drastically Reduced Noise and Air Pollution

 Conducting aerial data collection with the DJI Phantom 3 Professional UAS will greatly 

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

traditional aerial video and photography flight operations using manned aircraft. By using 

battery power and an electric motor, the DJI Phantom 3 Professional UAS produces no air 

pollution and is the most viable environmentally conscious alternative to the internal combustion 

engine aircraft that are typically utilized for aerial video and photography. The DJI Phantom 3 

Professional, propelled by nearly silent battery powered electric motors as opposed to an internal 

combustion engine used to power traditional aircraft, also eliminates noise pollution.

Safety And Efficiency of the DJI Phantom 3 Professional as Opposed to Manned 

Aircraft for Aerial Data Collection

 The use of a DJI Phantom 3 Professional UAS to perform aerial data collection 

substantially reduces the risk to life and property, both in the air and on the ground, when 

compared to the use of traditional manned aircraft to conduct such operations. Aside from the 

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

Section 333 Petition

Diana Trembly
weighs less than 3 pounds at its maximum gross weight, is only 16 inches in length,16 inches in 

width, and 8 inches in height, and carries no fuel on board. These physical characteristics render 

the DJI Phantom 3 Professional a safer alternative for aerial data collection than a traditional 

aircraft, which is significantly larger, less maneuverable, and carries combustible fuel on board. 

A Cost-Effective Services to Individuals, Groups, and Businesses Seeking Aerial Data 

Collection and a Benefit to the United States Economy as a Whole

 In addition to being safe and efficient, the DJI Phantom 3 Professional UAS provides an 

economical alternative to using manned aircraft to conduct aerial data collection. The rising cost 

of aviation fuels, as well as the expenses of hiring a manned aircraft and commercial pilot, render 

aerial data collection too expensive for many individuals, groups, and small businesses to afford. 

Allowing Ms. Trembly to commercially operate the DJI Phantom 3 Professional UAS will 

provide a cost-effective alternative to these individuals, groups, and businesses. Furthermore, 

the size and unique operating capabilities of the DJI Phantom 3 Professional UAS allows greater 

operational flexibility compared to manned aircraft that will enhance the quality of aerial data 

collection.

 In addition, by allowing companies such as Ms. Trembly’s to operate the DJI Phantom 3 

Professional in a commercial capacity, the FAA will foster the growth of the U.S. economy by 

allowing such companies to remain competitive and profitable. Improved financial performance 

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

No Privacy Concerns are Implicated

All flights will occur over private or controlled access property with the property owner’s 

prior consent and knowledge. Filming will be of people who have also consented to being 

filmed or otherwise have agreed to be in the area where filming will take place.

E. The Reasons Why Granting the Exemption Will Not Adversely Affect Safety and 

Will Provide a Level Of Safety at Least Equal to That Provided By the Rules From 

Which Ms. Trembly Seeks Exemption.

 The FAA has previously found using an UA with the specifications described in this 

Petition and carrying no passengers or crew, rather than a manned aircraft of significantly greater 

proportions, carrying both crew and flammable fuel, provides enhanced safety for the purposes 

of aerial data collection. See, e.g., Grants of Exemption Nos. 11062 to Astaeus Aerial (Docket 

No. FAA-2014-0352), 11109 to Clayco, Inc. (Docket No. FAA-2014-0507), 11112 to VDOS 

Global, LLC (Docket No. FAA-2014-0382), 11213 to Aeryon Labs, Inc. (Docket No. 

FAA-2014-0642), and 12645 to Allied Drones (Docket No. FAA-2014-0804).

Section 333 Petition

Diana Trembly
 To ensure the highest level of safety, all flights of the DJI Phantom 3 Professional UAS 

will be conducted pursuant to the following operating limitations:

• Operations will be limited to the DJI Phantom 3 Professional UAS when weighing 

less than 55 pounds, including payload. 

• The UA will not be operated at a speed exceeding 87 knots (100 miles per hour) 

based on calibrated airspeed or groundspeed. In no case will the UA be operated at 

airspeeds greater than the maximum UA operating airspeed recommended by the 

aircraft manufacturer.

• The UA will be operated at an altitude of no more than 500 feet AGL. Altitude will 

be reported in feet AGL.

• The UA will be operated within visual line of sight (VLOS) of the PIC at all times. 

The PIC must 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 or 

U.S. driver’s license.

• All operations will utilize a visual observer (VO). The UA will be operated within the 

visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used to 

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

The VO and PIC must be able to communicate verbally at all times; electronic 

messaging or texting will not be permitted during flight operations. The PIC will be 

designated before the flight and cannot transfer his or her designation for the duration 

of the flight. The PIC must ensure that the VO can perform the duties required of the 

VO.

• The UAS operating documents (including the DJI Phantom 3 Professional Operating 

Manual, monthly maintenance logs, and the exemption granted by the FAA) will be 

accessible during UAS operations and made available to the Administrator upon 

request. If a discrepancy exists between the conditions and limitations in the 

exemption and the procedures outlined in the operating documents, the conditions and 

limitations of the exemption will take precedence and be followed. Otherwise, the 

operator will follow the procedures as outlined in its operating documents. The 

operator may update or revise its operating documents to ensure safe operations. It is 

the operator’s responsibility to track such revisions and present updated and revised 

documents to the Administrator or any law enforcement official upon request. The 

operator will also present updated and revised documents if it petitions for extension 

or amendment to any exemption that has been granted. If the operator determines 

that any update or revision would affect the basis upon which the FAA granted this 

exemption, then the operator will petition for an amendment to its grant of exemption. 

Section 333 Petition

Diana Trembly
• 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 prior to conducting further operations under this 

exemption. Functional test flights will only be conducted by a PIC with a VO and 

must remain at least 500 feet from other people. The functional test flight will be 

conducted in such a manner so as to not pose an undue hazard to persons and 

property.

• The operator will be responsible for maintaining and inspecting the UAS to ensure 

that it is in a condition for safe operation.

• Prior to each flight, the PIC will conduct a pre-flight inspection and determine that 

the UAS is in a condition for safe flight. The pre-flight inspection must account for 

all potential discrepancies, e.g., inoperable components, items, or equipment. If the 

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

will be prohibited from operating until the necessary maintenance has been performed 

and the UAS is found to be in a condition for safe flight.

• The operator must follow the UAS manufacturer’s maintenance, overhaul, 

replacement, inspection, and life limit requirements for the aircraft and aircraft 

components.

• All UASs will comply with all manufacturer safety bulletins.

• The PIC will hold either an airline transport, commercial, private, recreational, or 

sport pilot certificate. The PIC must also hold a current FAA airman medical 

certificate or a valid U.S. driver’s license issued by a state, the District of Columbia, 

Puerto Rico, a territory, a possession, or the Federal government. The PIC must also 

meet the flight review requirements specified in 14 CFR § 61.56 in an aircraft in 

which the PIC is rated on his or her pilot certificate.

• The operator will not permit any PIC to operate unless the PIC demonstrates the 

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

operated under this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from persons, vessels, vehicles, and structures. PIC 

qualification flight hours and currency will be logged in a manner consistent with 14 

CFR § 61.51(b). Training operations will only be conducted during dedicated 

training sessions. During training, proficiency, and experience-building flights, all 

persons not essential for flight operations will be considered nonparticipants, and the 

PIC will operate the UA with appropriate distance from nonparticipants in accordance 

with 14 CFR § 91.119.

Section 333 Petition

Diana Trembly
• UAS operations will not be conducted during night, as defined in 14 CFR § 1.1. All 

operations will be conducted under visual meteorological conditions (VMC). Flights 

under special visual flight rules (SVFR) will not be allowed.

• The UA will not operate within 5 nautical miles of an airport reference point (ARP) 

as denoted in the current FAA Airport/Facility Directory (AFD) or for airports not 

denoted with an ARP, the center of the airport symbol as denoted on the current FAApublished aeronautical chart, unless a letter of agreement with that airport’s 

management is obtained or otherwise permitted by a COA issued to Diana Trembly. 

The letter of agreement with the airport management will be made available to the 

Administrator or any law enforcement official upon request.

• The UA will 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.

• For tethered UAS operations, the tether line will have colored pennants or streamers 

attached at not more than 50 foot intervals beginning at 150 feet above the surface of 

the earth and visible from at least one mile, unless the UAS is operating exclusively 

below the top of and within 250 feet of any structure, so long as the UA operation 

does not obscure the lighting of the structure.

• If the UAS loses communications or loses its GPS signal, the UA will return to a predetermined location within the private or controlled-access property.

• The PIC will abort the flight in the event of unpredicted obstacles or emergencies.

• The PIC will be prohibited from beginning a flight unless (considering wind and 

forecast weather conditions) there is enough available power for the UA to conduct 

the intended operation and to operate after that for at least 5 minutes or with the 

reserve power recommended by the manufacturer if greater.

• All operations shall be conducted in accordance with an Air Traffic Organization 

(ATO) issued Certificate of Waiver or Authorization (COA). Diana Trembly will 

apply for a new or amended COA if Ms. Trembly intends to conduct operations that 

cannot be conducted under the terms of the originally-issued COA.

• All aircraft operated in accordance with any exemption will be identified by serial 

number, registered in accordance with 14 CFR part 47, and have identification (N

−Number) markings in accordance with 14 CFR part 45, Subpart C. Markings will 

be as large as practicable.

• Documents used by the operator to ensure the safe operation and flight of the UAS 

and any documents required under 14 CFR §§ 91.9 and 91.203 will be available to 

the PIC at the Ground Control Station of the UAS any time the aircraft is operating. 

Section 333 Petition

Diana Trembly
These documents will be made available to the Administrator or any law enforcement 

official upon request.

• The UA will remain clear and give way to all manned aviation operations and 

activities at all times.

• The UAS will not be operated by the PIC from any moving device or vehicle.

• All Flight operations will be conducted at least 500 feet from all nonparticipating 

persons, vessels, vehicles, and structures unless:

- 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 in a 

manner ensuring the safety of nonparticipating persons; and

- The owner/controller of any vessels, vehicles or structures has granted 

permission for operating closer to those objects 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.

• All operations will be conducted over private or controlled-access property with 

permission from the property owner/controller or authorized representative. 

Permission from property owner/controller or authorized representative will be 

obtained for each flight to be conducted.

• Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA will be reported 

to the FAA's UAS Integration Office (AFS−80) within 24 hours. Accidents will be 

reported to the National Transportation Safety Board (NTSB) per instructions 

contained on the NTSB Web site: www.ntsb.gov.

F. A Summary That Can Be Published In The Federal Register

Diana Trembly seeks exemption from the requirements of 14 C.F.R Sections 61.23(a) and 

(c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 91.121, 91.151(a) and (b),

91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b). This exemption will permit 

Diana Trembly to commercially operate an Unmanned Aircraft System (UAS) for the purpose of 

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

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

Trembly’s Request.

Section 333 Petition

Diana Trembly
 Diana Trembly will follow all applicable C.F.Rs, FARs, and other applicable laws when 

operating the the DJI Phantom 3 Professional UAS. Ms. Trembly’s highest concern will be 

ensuring the safety and well-being of all individuals in the vicinity during operations. 

III. Conclusion

 As set forth herein and in accordance with the Federal Aviation Regulations and the FAA 

Modernization and Reform Act of 2012, Section 333, Diana Trembly respectfully requests that 

the Administrator grant an exemption from the requirements of 14 C.F.R Sections 61.23(a) and 

(c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 91.121, 91.151(a) and (b), 

91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b) in order to permit Diana 

Trembly to commercially operate the DJI Phantom 3 Professional UAS, without an airworthiness 

certificate, for the purpose of conducting aerial data collection over certain areas of the United 

States. 

Dated March 10, 2016

Diana Trembly 

1445 Sixth St., #402 

Santa Monica, CA 90401 

Tel: (310) 435-5130

Email: DianaTrembly@gmail.com

Section 333 Petition

Diana Trembly