UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC

Regulatory Docket No. 

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: 

CINCO PESO SECURITY & INVESTIGATIONS, LLC

Federal Employer ID #: 38-3913009

DUNS #: 079602515

CAGE: 79AS3

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 a) DJI PHANTOM 3 and b) 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 18, 2015

CINCO PESO SECURITY & INVESTIGATIONS, LLC

Jon B. Tipton, President

PO Box 758

Boerne, TX 78006

210-888-9175

jbt@cincopeso.com
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TABLE OF CONTENTS

Page

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

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

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

BACKGROUND..................................................................................................................6

BASIS FOR PETITION ........................................................................................................6

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

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH, CINCO PESO 

SECURITY & INVESTIGATIONS, LLC SEEKS EXEMPTION......................................7

THE EXTENT OF RELIEF CINCO PESO SECURITY & INVESTIGATIONS, LLC

SEEKS AND THE REASON CINCO PESO SECURITY & INVESTIGATIONS, LLC

SEEKS THE RELIEF..........................................................................................................11

THE REASONS WHY GRANTING CINCO PESO SECURITY & 

INVESTIGATIONS, LLC’S REQUEST WOULD BE IN THE

PUBLIC INTEREST ...........................................................................................14

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT

ADVERSELY AFFECT SAFETY.....................................................................................16

CONCLUSION...................................................................................................................28
3

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

CIP Critical Infrastructure Protection

COA Certificate of Authorization

CPSI Cinco Peso Security & Investigations, LLC

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

RTVA Risk, Threat, and Vulnerability Assessment

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
4

SUMMARY

CINCO PESO SECURITY & INVESTIGATIONS, LLC (CPSI) 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 CPSI to operate an Unmanned Aircraft

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

Critical Infrastructure Protection (CIP) Facilities, other real property facilities, real estate 

photography, wedding videography, special events, motion picture film sets, and landscape

over certain areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

My name is Jon B. Tipton., Owner/President of Cinco Peso Security & 

Investigations, LLC, a Federally recognized Limited Liability Company, with a Dun &

Bradstreet # and a Cage Code, and Licensed by the State of Texas Department of Public 

Safety Private Security Bureau, license #C18584. Additionally, I am a Certified Critical 

Infrastructure Protection Specialist and licensed in the State of Texas as a Security 

Consultant, Personal Protection Officer, Armed Security Officer, and a Private 

Investigator. I am also active within the community as a volunteer for our regional 

Community Emergency Response Team (CERT) as a Team Member and as an Instructor. 

One of my organization’s missions is to provide my clients with expertise and knowledge

in all aspects of security pertaining to their assets; personnel, residences, businesses, real 

properties, and of local, regional state, and national Critical Infrastructure Protection 

(CIP) facilities as defined by the National Protection Framework. 

As part of our standard operating procedures, sub tasks associated with providing 

physical security consultation and implementation includes the performance of Risk, 

Threat, and Vulnerability Assessments (RTVA). In order to provide our clients with realtime, relevant, and actionable RTVA’s, and to remain at the forefront of this domain, we 

utilize the latest technology and products available to assist us in these tasks, to include 

but not limited to: HD digital cameras and camcorders, HD video & audio production

equipment, night vision optics, thermal optics, and Unmanned Aircraft Systems (UAS).

 The advent and subsequent utilization of UAS in this capacity provides a cost 

effective solution, with negligent impact to the environment, for identifying real-time 

vulnerabilities only visible from altitude. Cinco Peso Security & Investigations, LLC is 

recognized as an industry leader in this domain with over 15 years of experience. All 

owners, members, employees, and contractors who are associated with CPSI have 

undergone an extensive background check that exceed the requirements established by the 

Texas Department of Public Safety, many of our personnel hold active US Government 

Security Clearances and / or Transportation Worker Identification Credentials (TWIC), 

both of which require in depth background checks.

 Cinco Peso Security & Investigations, LLC, doing business as (dba) “Texas Aerial 

Video”, also provides clients with the highest quality digital content for use in their
5

commercial, personal, and non-profit multimedia projects. Cinco Peso Security & 

Investigations, LLC has several years of professional experience in photography and

videography and has become recognized as an expert in this field. CINCO PESO 

SECURITY & INVESTIGATIONS, LLC has 2 years of recreational/hobby experience in

all aspects of aerial video and photography.

The objective of Cinco Peso Security & Investigations, LLC’s aerial video and 

photography operations is to provide high quality imaging for a variety of commercial, 

public, and residential uses, specifically targeting:

• CIP Facilities

• Real Property Videography and Photography

• Wedding Videography and Photography

• Special Event Videography and Photography

• Land survey & appraisals

• Equipment Inspections

• Roof Inspections

• Construction sites (before & after)

• Precision Agriculture

• Creation of commercial messages for Television and the World Wide Web (WWW).

• Search and Rescue Operations (SAR)

• Motion Picture Filming

• Increase public knowledge of UAS and promote safe UAS operations.
6

BACKGROUND

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

CINCO PESO SECURITY & INVESTIGATIONS, LLC seeks an exemption to

operate DJI systems for compensation or hire within the NAS. The DJI Phantom 3 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. Both the DJI 

Phantom 3 Advanced and DJI Phantom 3 Professional have a maximum gross weight of 

approximately 2 pounds 13 ounces, while having a diagonal length of 23.23, height of 8 

inches, and a maximum speed of approximately 30 knots (hereinafter, both models are 

collectively referred to as the “DJI Phantom 3”). 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 and DJI 

Inspire 1 UAs are equipped with four main rotors; driven by Lithium Polymer battery

powered electric motors.

The DJI Phantom 3 and DJI Inspire 1 UAs that will be operated by Cinco Peso 

Security & Investigations, LLC will be registered in accordance with 49 U.S.C. 44103, 

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

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

BASIS FOR PETITION

Petitioner, Cinco Peso Security & Investigations, LLC, pursuant to the provisions of 

the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and

Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft

Systems, hereby petitions the Administrator to commercially operate the DJI Phantom 3,

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, Cinco Peso Security & Investigations, LLC

operation of DJI Phantom 3 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, Cinco Peso Security & Investigations, LLC requests relief from

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

sections set forth requirements for maintenance that only apply to aircraft with an

airworthiness certificate.

Cinco Peso Security & Investigations, LLC submits that the requested relief is

proper since an equivalent level of safety will be ensured. Cinco Peso Security & 

Investigations, LLC will use experienced personnel or technicians to perform maintenance,

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

practices prescribed in the operating documents (i.e., Monthly Maintenance Log, and DJI 
7

Phantom 3 and DJI Inspire 1 Instruction Manual). Furthermore, Cinco Peso Security & 

Investigations, LLC will document and maintain all maintenance records for the DJI 

Phantom 3 and DJI Inspire 1 UASs.

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

privileges and limitations: Pilot in command, is requested by Cinco Peso Security & 

Investigations, LLC to the extent necessary to allow a Pilot in Command (PIC) holding a

sport pilot or higher level certificate, as well as an airman medical certificate, and who has

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

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

with this exemption, including evasive and emergency maneuvers and maintaining

appropriate distances from people, vessels, vehicles and structures.

Cinco Peso Security & Investigations, LLC seeks relief from Section 91.7(a),

entitled Civil aircraft airworthiness, because the DJI Phantom 3 and DJI Inspire 1 UASs do 

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

such, Cinco Peso Security & Investigations, LLC submits that they will ensure that the DJI 

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

aircraft are in a condition for safe flight.

Cinco Peso Security & Investigations, LLC also seeks an exemption from the

requirements of Section 91.121, entitled Altimeter Settings, as the DJI Phantom 3 and DJI 

Inspire 1 UAs will not have a typical barometric altimeter onboard. However, altitude

information of the DJI Phantom 3 and DJI Inspire 1UAs will be provided to the PIC via

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

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

altitude information, combined with CINCO PESO SECURITY & INVESTIGATIONS, 

LLC’s operation of the DJI Phantom 3 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, Cinco Peso Security & Investigations, LLC seeks an exemption from

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

conditions. Cinco Peso Security & Investigations, LLC submits that safety will not be

affected by operation of the DJI Phantom 3 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. § Cinco Peso Security & Investigations, LLC

provides the following information in support of its petition for exemption:

A. Name and Address Of The Petitioner.

The name and address of the Petitioner and point of contact is:
8

Jon B. Tipton

c/o CINCO PESO SECURITY & INVESTIGATIONS, LLC

PO Box 758

Boerne, TX 78006

Tel: (210) 888-9175

Email: jbt@cincopeso.com

B. The Specific Sections Of 14 C.F.R. From Which Cinco Peso Security & 

Investigations, LLC Seeks Exemption.

1. Cinco Peso Security & Investigations, LLC, LLC Seeks Exemption From The

Requirements Of Section Part 21, Subpart H

14 C.F.R. Part 21, Subpart H, establishes the procedural requirements for the 

issuance of airworthiness certificates as required by 14 C.F.R. §91.203(a)(1)

2. Cinco Peso Security & Investigations, LLC Seeks Exemption From The

Requirements Of Section 61.113(a) And (b).

Section 61.113, entitled Sport pilot privileges and limitations: Pilot in command, 

subsections (a) and (b) prescribe the following, in relevant part:

(a) No person who holds a sport 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 sport 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.

3. Cinco Peso Security & Investigations, LLC Seeks Exemption From The

Requirements Of Section 91.7(a).

Section 91.7, entitled Civil aircraft airworthiness, subsection (a), states the 

following:

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

4. Cinco Peso Security & Investigations, LLC Seeks Exemption From The

Requirements Of Section 91.121.

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

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

level of that aircraft, as the case may be, by reference to an altimeter that is set, 
9

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.

5. Cinco Peso Security & Investigations, LLC Seeks Exemption From The

Requirements Of Section 91.151(b).

Section 91.151, entitled Fuel requirements for flight in VFR conditions, 

subsection (b), states the following:

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

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

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

after that for at least 20 minutes.

6. Cinco Peso Security & Investigations, LLC Seeks Exemption From The

Requirement Of Section 91.405(a).

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

following: Each owner or operator of an aircraft—

(a) Shall have that aircraft inspected as prescribed in subpart E of this part and 

shall between required inspections, except as provided in paragraph (c) of this 

section, have discrepancies repaired as prescribed in part 43 of this chapter[.]

7. Cinco Peso Security & Investigations, LLC Seeks Exemption From The

Requirements Of Section 91.407(a)(1)

Section 91.407, entitled Operation after maintenance, preventive maintenance, 

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

(a) No person may operate any aircraft that has undergone maintenance,

preventive maintenance, rebuilding, or alteration unless--

(1) It has been approved for return to service by a person authorized under §

43.7 of this chapter[.]
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8. Cinco Peso Security & Investigations, LLC Seeks Exemption From The

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

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

(a) Except as provided in paragraph (c) of this section, no person may operate an 

aircraft unless, within the preceding 12 calendar months, it has had --

(1) An annual inspection in accordance with part 43 of this chapter and has

been approved for return to service by a person authorized by § 43.7 of this

chapter; or

(2) An inspection for the issuance of an airworthiness certificate in accordance 

with part 21 of this chapter.

9. Cinco Peso Security & Investigations, LLC Seeks Exemption From The

Requirements Of Sections 91.417(a) And 91.417(b).

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

following:

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

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

specified in paragraph (b) of this section:

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

records of the 100-hour, annual, progressive, and other required or 

approved inspections, as appropriate, for each aircraft (including the 

airframe) and each engine, propeller, rotor, and appliance of an aircraft. 

The records must include--

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

the work performed; and

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

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

aircraft for return to service.

(2) Records containing the following information:

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

and each rotor.

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

propeller, rotor, and appliance.

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

are required to be overhauled on a specified time basis.
11

(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.

(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 Cinco Peso Security & Investigations, LLC Seeks And The

Reason CINCO PESO SECURITY & INVESTIGATIONS, LLC Seeks The Relief.

1. Cinco Peso Security & Investigations, LLC Seeks Exemption From The

Requirements Of Section Part 21, Subpart H

Given the size and limited operating area associated with the UAS to be utilized by 

Cinco Peso Security & Investigations, LLC, an exemption from Part 21 Subpart H 

meets the requirements of an equivalent level of safety under Part 11 and Section 333 of 

the Reform Act.

The Federal Aviation Act (49 U.S.C.§ 44701(f)) and Section 333 of the Reform Act

both authorize the FAA to exempt aircraft from the requirement for an airworthiness 

certificate, upon consideration of the size, weight, speed, operational capability, and 

proximity to airports and populated areas of the particular UAS.

In all cases, an analysis of these criteria demonstrates that the UAS operated without an 

airworthiness certificate, in the restricted environment and under the conditions

proposed will be at least as safe, or safer, than a conventional rotorcraft operating with

an airworthiness certificate without the restrictions and conditions of the proposed UAS 
12

operations.

2. Extent Of Relief CINCO PESO SECURITY & INVESTIGATIONS, LLC

Seeks And The Reason CINCO PESO SECURITY & INVESTIGATIONS, 

LLC Seeks Relief From Section 61.113(a) And (b).

Relief from Section 61.113(a) and (b) entitled Sport pilot privileges and limitations: 

Pilot in command, is requested to the extent necessary to allow a PIC holding a sport 

pilot or higher level certificate, as well as a current and valid airman medical

certificate, and who has met certain flight-hour and currency requirements, to conduct

the proposed UAS flight operations for compensation or hire.

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

that a sport 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, Cinco Peso Security & Investigations, LLC submits that

an equivalent level of safety will be maintained because no PIC will be allowed to

operate the DJI Phantom 3 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 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, Cinco Peso Security & Investigations, LLC submits that all flights of the DJI 

Phantom 3 and DJI Inspire 1 UASs, conducted by the PIC pursuant to the grant of this

Petition: (1) will be incidental to Cinco Peso Security & Investigations, LLC' business;

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

3. Extent Of Relief Cinco Peso Security & Investigations, LLC Seeks And The

Reason Cinco Peso Security & Investigations, LLC Seeks Relief From Section

91.7(a).

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

extent required to allow Cinco Peso Security & Investigations, LLC to determine that

the DJI Phantom 3 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

Cinco Peso Security & Investigations, LLC Aerial Operations Manual, Monthly

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

Cinco Peso Security & Investigations, LLC seeks the requested relief because the DJI 

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

accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Cinco Peso Security & 

Investigations, LLC will ensure that the DJI Phantom 3 and DJI Inspire 1 UASs are in

airworthy condition based upon its compliance with the operating documents (i.e.,
13

Monthly Maintenance Log, and DJI Phantom 3 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.

4. Extent Of Relief Cinco Peso Security & Investigations, LLC Seeks And The

Reason Cinco Peso Security & Investigations, LLC Seeks Relief From Section

91.121.

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

operations of the DJI Phantom 3 and DJI Inspire 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), 

Cinco Peso Security & Investigations, LLC seeks the requested relief because the DJI 

Phantom 3 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 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.

5. Extent Of Relief Cinco Peso Security & Investigations, LLC Seeks And The

Reason Cinco Peso Security & Investigations, LLC Seeks Relief From Section

91.151(b).

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

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

and DJI Inspire 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. Cinco Peso Security & Investigations, LLC seeks the requested relief

because without an exemption from Section 91.151(b), the flight time duration of the

battery powered DJI Phantom 3 and DJI Inspire 1 UAs will severely constrain the

practicality of any aerial video or still photo flight operations that Cinco Peso Security 

& Investigations, LLC proposes to conduct pursuant to this Petition.

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

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

Cinco Peso Security & Investigations, LLC’s proposed operating limitations, ensure

that Cinco Peso Security & Investigations, LLC will safely operate the battery powered

DJI Phantom 3 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
14

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

6. Extent Of Relief Cinco Peso Security & Investigations, LLC Seeks And The

Reason Cinco Peso Security & Investigations, LLC Seeks Relief From Sections

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

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

apply to aircraft with an airworthiness certificate, Cinco Peso Security & Investigations, 

LLC requests relief from these Sections because the DJI Phantom 3 and DJI Inspire 1 

UASs do not require airworthiness certificates. As set forth more fully below, the DJI 

Phantom 3 and DJI Inspire 1 UASs meet the conditions of FMRA Section 333 for 

operation without an airworthiness certificate. Accordingly, Cinco Peso Security & 

Investigations, LLC will use trained technicians to perform maintenance, alterations, or 

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

prescribed in the UAS operating documents (i.e., the Cinco Peso Security & 

Investigations, LLC Aerial Operations Manual, Monthly Maintenance Log, and DJI 

Phantom 3 and DJI Inspire 1 Instruction Manual). Furthermore, Cinco Peso Security & 

Investigations, LLC will document and maintain all maintenance records for the DJI 

Phantom 3 and DJI Inspire 1 UASs.

D. The Reasons Why Granting Cinco Peso Security & Investigations, LLC Request

Would Be In The Public Interest; That Is, How It Would Benefit The Public As A 

Whole.

Granting the present Petition will further the public interest by allowing Cinco Peso Security 

& Investigations, LLC to safely, efficiently, and economically perform aerial video and

photography of CIP facilities, real property, wedding films, special events, precision

agriculture, land survey & appraisal, construction sites, equipment & roof inspections,

motion picture film sets, and landscape over certain areas of the United States. Additionally,

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

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

Cinco Peso Security & Investigations, LLC’s proposed operation of the DJI Phantom 3 and

DJI Inspire 1 UASs will be realized without implicating any privacy issues.

1. The Public Will Benefit From Increased Protection And Security Measures 

Implemented At Various CIP Facilities And Other Facilities Vital To Community 

Continuity And Sustained Operations.

Specifically, the utilization of the DJI Phantom 3 and DJI Inspire 1 UAS’s in support of 

developing RTVA’s for real property and assets and those designated as Critical 

Infrastructure (within the National Protection Framework), whether public or privately 

owned, either on the local, regional, state, or national level serves the public interest by 

providing the leadership of those facilities and assets the tools necessary to harden their 

assets and facilities against natural disasters and the actual or realized threat of harm or 

destruction by individuals or groups that seek to harm the general public / citizenry by 

attacking key facilities vital to providing products and services requisite of the normal 

everyday life we currently enjoy.
15

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

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

efficient, environmentally friendly, 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 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 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.

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

and DJI Inspire 1 UASs.

Conducting aerial acquisitions with the DJI Phantom 3 and DJI Inspire 1 UAS’s, 

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

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

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

Phantom 3 and DJI Inspire 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 and DJI Inspire 1 UAs, while reducing the carbon footprint of aerial 

acquisitions, also eliminates noise pollution, as the UAs are propelled by battery

powered electric motors, rather than an internal combustion engine.

By using the DJI Phantom 3 and DJI Inspire 1 UAS’s to perform aerial acquisitions, the

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

associated with traditional manned aircraft flight operations, will be substantially 

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

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

approximately 2 pounds 13 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).
16

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

and DJI Inspire 1 UASs Will Benefit The Economy.

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

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

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

United States based companies, like Cinco Peso Security & Investigations, LLC, to

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

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

actions phasing out leaded aviation fuels, U.S. owned and operated companies must 

adopt new and alternative technology in order to remain competitive. Operating the 

battery powered DJI Phantom 3 and DJI Inspire 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 and DJI Inspire 1 UASs, companies such as Cinco 

Peso Security & Investigations, LLC, can remain competitive and profitable, and

therefore, provide greater job stability to employees and contractors, which will

ultimately contribute to growth of the U.S. economy. Improved financial performance of 

U.S. companies, through commercial use of the DJI Phantom 3 and DJI Inspire 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, Cinco Peso Security & Investigations, LLC’s proposed operation of the DJI 

Phantom 3 and DJI Inspire 1 UASs will not implicate any privacy issues. Specifically,

the DJI Phantom 3 and DJI Inspire 1 UASs will be operated only in compliance with 

applicable jurisdictional laws, within parameters, guidelines, and regulations of professional 

organizations (e.g. ASIS International, National Association of Security Professionals, Associated 

Security Services and Investigators of the State of Texas, et al) and with operating documents

(e.g., the Cinco Peso Security & Investigations, LLC Aerial Operations Manual,

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

which requires property owner involvement as well as local law enforcement

notification, and in accordance with the Federal Aviation Regulations, including the

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

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

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

Provided By The Rule From Which C Cinco Peso Security & Investigations, LLC

Seeks Exemption.

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

Of The FAA Modernization and Reform Act of 2012 (FMRA) Section 333.
17

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

the unmanned aircraft and its operation, Cinco Peso Security & Investigations, LLC’s

operation of the DJI Phantom 3 and DJI Inspire 1 UAS’s meet the conditions of FMRA 

Section 333, and will not require an airworthiness certificate in accordance with 14 

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

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

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

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

FMRA Section 333 states the following, in part:

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

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

Transportation shall determine if certain unmanned aircraft systems may 

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

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

by section 334 of this Act.

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

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

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

size, weight, speed, operational capability, proximity to airports and 

populated areas, and operation within visual line of sight do not create 

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

a threat to national security; and

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

airworthiness certification under section 44704 of title 49, United 

States Code, is required for the operation of unmanned aircraft 

systems identified under paragraph (1).

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

section that certain unmanned aircraft systems may operate safely in the 

national airspace system, the Secretary shall establish requirements for the 

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

In seeking this exemption, Cinco Peso Security & Investigations, LLC submits that the

DJI Phantom 3 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

and DJI Inspire 1 UASs; (b) the pilot certification requirement; and (c) the specific

operating limitations.

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

Demonstrate Its Safe Characteristics.

The DJI Phantom 3 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, 
18

weight, speed, and operational capability.

i. Technical Specifications Of The DJI Phantom 3 and DJI Inspire 1 UASs. 

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

forth by the DJI Phantom 3 and DJI Inspire 1 Specifications and Data Sheet, 

attached hereto as Exhibit A and B.

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

Navigation Modes Enable The UASs To Remain Within A Defined

Operational Area.

The DJI Phantom 3 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 and DJI Inspire 1 UASs are provided at

page 11 of the DJI Phantom 3; and pages 12-18 and 45-52 of the DJI Inspire 1 

User Manuals, attached hereto as Exhibit C and D.

iii. The DJI Phantom 3 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 and DJI Inspire 1 UAs will 

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

Phantom 3 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 for the

DJI Phantom 3 UAS are set forth at page 14 of the DJI Phantom 3 User Manual;

and for the DJI Inspire 1 at pages 13 through 15 of the DJI Inspire 1 User

Manual, attached hereto as Exhibit C and D.

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

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

and DJI Inspire 1 GCS and flight control software is provided at pages 7 through

17 of the DJI Phantom 3 User Manual; and pages 24 through 34 of the DJI 

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

attached hereto as Exhibits C and D.

b. Flight Operations Of DJI Phantom 3 and DJI Inspire 1 UASs Are Limited

To The Line Of Sight Of A Certificated Pilot in Command With A Safety 

Observer.

Cinco Peso Security & Investigations, LLC 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 and DJI Inspire 1 UASs. Additionally, a safety observer

will assist all pilots during flight time.

c. Flights Of DJI Phantom 3 and DJI Inspire 1 UASs Will Be Conducted
19

Pursuant To Specific Operating Limitations.

In seeking this exemption, CINCO PESO SECURITY & INVESTIGATIONS, LLC

proposes to commercially operate DJI Phantom 3 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 and DJI Inspire 1 Unmanned 

Aircraft Systems. Proposed operations of any other aircraft will require a new

petition or a petition to amend this grant.

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

for the purpose of aerial video and photography.

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

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

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

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

ATC must be in feet AGL.

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

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

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

certificate.

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

permitted.

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

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

SO and PIC must be able to communicate verbally at all times. Electronic messaging

or texting is not permitted during flight operations. The PIC must be designated

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

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

operating documents.

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

seeing and avoiding other air traffic and other ground based

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

instruments.

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

UAS operations and made available to the Administrator upon request. If a

discrepancy exists between the conditions and limitations contained in the grant of 

exemption and the procedures outlined in the operating documents, the conditions and
20

limitations contained in the grant of exemption take precedence and must be

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

operating documents. The operator may update or revise its operating documents. It

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

documents to the Administrator upon request. The operator must also present updated

and revised documents if it petitions for extension or amendment to the grant of 

exemption. If the operator determines that any update or revision would affect the

basis upon which the FAA granted the exemption, then the operator must petition for 

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

may be contacted if questions arise regarding updates or revisions to the operating

documents.

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

condition for safe flight. If the inspection reveals a condition that affects the safe

operation of the UAS, the aircraft is prohibited from operating until the necessary

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

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

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

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

operation or flight characteristics, e.g. replacement of a flight critical component,

must undergo a functional test flight. The PIC who conducts the functional test

flight must make an entry in the aircraft records.

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

inoperable components, items, or equipment, not already covered in the relevant

sections of the operating documents.

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

maintenance, overhaul, replacement, inspection, and life limit requirements.

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

requirements, in accordance with the operating documents. Maintenance,

inspection, alterations, and status of replacement/overhaul component parts must

be noted in the aircraft records, including total time in service, description of 

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

to service.

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

Safety

Bulletins.

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

corrective action taken against discrepancies discovered between inspections.

17. The PIC must possess at least a sport 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
21

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.

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

emergencies in accordance with the operating documents.

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

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

the intended landing point and land the UA with 25% battery power remaining.

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

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

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

C. Markings must be as large as practicable. 

26. 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.

27. 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
22

operating. These documents must be made available to the Administrator or any

law enforcement official upon request.

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

operations and activities at all times.

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

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

persons (persons other than the PIC, SO, operator trainees or essential persons),

vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating

persons from the UA and/or debris in the event of an accident. The operator must

ensure that nonparticipating persons remain under such protection. If a situation

arises where nonparticipating persons leave such protection and are within 500 

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

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

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

and the PIC has made a safety assessment of the risk of operating closer to

those objects and determined that it does not present an undue hazard, and;

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

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

d. Operations conducted at a public event, private event, motion picture set, real 

property residence, place of business, or public real property (e.g. a public park) 

whereby the organizers/responsible party(ies) of the event and / or real property 

have given authorization to operate a UAS less than 500 feet from

nonparticipating persons, has issued sufficient notification to nonparticipants 

that UAS operations will be conducted at and during said event or location, at 

distances of less than 500 feet, and providing the nonparticipants with the option 

to continue attendance or to depart the area, in accordance with Cinco Peso 

Security & Investigations, LLC insurance policy and underwriter requirements.

32. All operations shall be conducted with permission from the real property

owner/controller or authorized representative. Permission from the real property

owner/controller or authorized representative will be obtained for each flight, or 

series of flights/sorties to be conducted.

33. Any 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.

Cinco Peso Security & Investigations, LLC submits that the equivalent level of safety

established by Section 61.113(a) and (b) will be maintained because no PIC will be
23

allowed to operate the DJI Phantom 3 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 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 Cinco Peso Security & Investigations, LLC’s proposed area of operations,

and the operating limitations set forth-above; the parallel nature of sport 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 or DJI Inspire 1 UAS, Cinco Peso Security & Investigations, LLC submits

that the additional manned airmanship experience of a commercially certificated pilot

would not correlate to the airmanship skills necessary for Cinco Peso Security & 

Investigations, LLC’s specific proposed flight operations.

The FAA has previously granted relief from Section 61.113(a) and (b) specific to UAS, 

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

Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 7580,

7582, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161).

Cinco Peso Security & Investigations, LLC will not allow any PIC to operate the DJI 

Phantom 3 or DJI Inspire 1 UAS unless that PIC has demonstrated, by meeting

minimum flight-hour requirements or the DJI Phantom 3 or DJI Inspire 1 UAS training

and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 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 Cinco Peso Security & Investigations, LLC’ proposed operations.

The Administrator has held that prior documented flight experience that was obtained in 

compliance with applicable regulations would ensure safe operations, stating as follows:

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

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

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

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

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

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

same make and model of UAS to be used for operations under the exemption. For 
24

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, Cinco Peso Security & Investigations, 

LLC will ensure safe operations by not allowing any PIC to operate the DJI Phantom 3

or DJI Inspire 1 UAS unless that PIC has demonstrated, by meeting minimum flighthour and currency requirements, that the PIC is able to safely operate the DJI Phantom 3

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, Cinco Peso Security & Investigations, LLC will ensure that the DJI 

Phantom 3 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, 

7580, 7582, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

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

Not Adversely Affect Safety.

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

the altitude information of the DJI Phantom 3 and DJI Inspire 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 Cinco Peso Security & Investigations, LLC’

operation of the DJI Phantom 3 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.
25

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, 7582, 11136, 11138,

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

5. Reasons Why An Exemption From The Requirements Of Section

91.151(b) Would Not Adversely Affect Safety.

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

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

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

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

Peso Security & Investigations, LLC will ensure that it will safely operate the battery

powered DJI Phantom 3 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 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 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 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, 7580, 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, Cinco Peso Security & Investigations, LLC submits that the

equivalent level of safety with regard to the regulatory maintenance and alteration

requirements established by Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2),

and 91.417(a) & (b) will be met because Cinco Peso Security & Investigations, LLC

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

maintenance on the UASs using the methods, techniques, and practices prescribed in the
26

operating documents (i.e., the Cinco Peso Security & Investigations, LLC Aerial 

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

Instruction Manual). Furthermore, CINCO PESO SECURITY & INVESTIGATIONS, 

LLC will document and maintain all maintenance records for the DJI Phantom 3 and

DJI Inspire 1 UASs.

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

operating documents, CINCO PESO SECURITY & INVESTIGATIONS, LLC will

maintain the equivalent level of safety established by Sections 91.405(a), 91.409(a)(1),

and 91.409(a)(2). A copy of the DJI Phantom 3 and DJI Inspire 1 User Manuals are

attached hereto as Exhibit C and D; a copy of the DJI Phantom 3 and DJI Inspire 1 UAS 

Maintenance LOG is attached hereto as Exhibit E.

Likewise, the exemption sought will not adversely affect safety because Cinco Peso 

Security & Investigations, LLC will use trained technicians to perform maintenance,

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

practices prescribed by the operating documents.

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

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

DJI Phantom 3 and DJI Inspire 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 CINCO PESO SECURITY & INVESTIGATIONS, LLC’s

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

the DJI Phantom 3 and DJI Inspire 1 UAS’s, CINCO PESO SECURITY & 

INVESTIGATIONS, LLC submits that safety will not be adversely affected by granting

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

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

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

Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 7580, 7582, 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, CINCO PESO SECURITY 

& INVESTIGATIONS, LLC requests that the FAA prescribe special conditions for the

intended operation of the DJI Phantom 3 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
27

areas of the United States for compensation or hire. FMRA Section 333 sets forth the

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

the public, or otherwise pose a threat to national security; and further, provides the

authority for such UAS to operate without airworthiness certification in accordance with

any requirements that must be established for the safe operation of the UAS in the NAS.

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

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

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

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

21.16, entitled Special Conditions, states the following: If the FAA finds that the

airworthiness regulations of this subchapter do not contain adequate or appropriate

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

unusual design feature of the aircraft, aircraft engine or propeller, he prescribes special

conditions and amendments thereto for the product. The special conditions are issued in

accordance with Part 11 of this chapter and contain such safety standards for the

aircraft, aircraft engine or propeller as the FAA finds necessary to establish a level of 

safety equivalent to that established in the regulations. See 14 C.F.R. § 21.16.

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

prescribe special conditions for Cinco Peso Security & Investigations, LLC’s intended

operation of the DJI Phantom 3 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).

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

From Which CINCO PESO SECURITY & INVESTIGATIONS, LLC Seeks

Exemption:

Cinco Peso Security & Investigations, LLC seeks exemption from the requirements of 14 

C.F.R Sections 61.113(a)&(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 

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

A Brief Description Of The Nature Of The Exemption Cinco Peso Security & 

Investigations, LLC Seeks:

This exemption will permit Cinco Peso Security & Investigations, LLC to commercially

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

and photography over certain areas of the United States.
28

Any Additional Information, Views, Or Arguments Available To Support Cinco Peso 

Security & Investigations, LLC’s Request.

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA) 

Section 333, which directs the Secretary of Transportation to determine if certain UAS may

operate safely in the NAS. As such, Cinco Peso Security & Investigations, LLC’s request for 

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

11, as set forth above. FMRA Section 333 sets forth the requirements for considering whether

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

national security; and further, provides the authority for such UAS to operate without

airworthiness certification. As discussed in detail above, Cinco Peso Security & Investigations, 

LLC will operate the DJI Phantom 3 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, Cinco Peso Security & Investigations, LLC seeks an exemption pursuant to 

14 C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 

(FMRA), which will permit safe operation of the DJI Phantom 3 and DJI Inspire 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 Cinco 

Peso Security & Investigations, LLC to safely, efficiently, and economically operate the DJI 

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

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

Modernization and Reform Act of2012, Section 333, Cinco Peso Security & Investigations, 

LLC respectfully requests that the Administrator grant this Petition for an exemption from the 

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

91.407(a)(l), 91.409(a)(l) & (a)(2), and 91.417(a) & (b), and permit Cinco Peso Security & 

Investigations, LLC to operate the DJI Phantom 3 and DJI Inspire 1 UASs commercially for 

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

States.

Dated: June 18th, 2015

Respectfully submitted,

30

APPENDIX – A

DJI PHANTOM 3 ADVANCED TECHNICAL SPECIFICATIONS

Cinco Peso Security & Investigations, LLC 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).
31
32

APPENDIX – B

DJI PHANTOM 3 PROFESSIONAL TECHNICAL SPECIFICATIONS

Cinco Peso Security & Investigations, LLC 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).
33
34

APPENDIX – C

DJI INSPIRE 1 TECHNICAL SPECIFICATIONS

Cinco Peso Security & Investigations, LLC 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
35

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
36

APPENDIX - D

DJI PHANTOM 3 Advanced Manufacturer’s User Manual

User manual can be found at:

http://download.dji-innovations.com/downloads/phantom_3/en/Phantom_3_Advanced_User_Manual_v1.2_en.pdf

APPENDIX - E

DJI PHANTOM 3 Professional Manufacturer’s User Manual

User manual can be found at:

http://download.dji-innovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual_v1.2_en.pdf

APPENDIX - F

DJI Inspire 1 Manufacturer’s User Manual 

User manual can be found at:

http://www.dji.com/product/inspire-1/download
37

APPENDIX - G

MONTHLY MAINTENANCE LOG

month: year:

UAS #:

Date Issue

Discovered

Date Issue

Addressed Issue Description & Maintenance Conducted

Maintenance Performed by: 

Print & Sign

Software Updates

Airframe

Engines

Propellers/Rotors

Camera Gimbal

Landing Gear

Vibration Dampening

Other: