September, 11 2015 

Attn:

U. S. Department of Transportation Docket Operations 

West Building Ground Floor, Room w12-140 

1200 New Jersey Ave, SE Washington, DC 20590

RE: ZACHARY PETERSON AERIAL PHOTOGRAPHY & VIDEOGRAPHY LLC (of Minnesota)

REQUEST AN EXEMPTION FROM THE REQUIREMENTS OF TITLE 14 OF THE CODE OF FEDERAL 

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

(1) & (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL OPERATION OF DJI Phantom 3 

UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION 

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

Zachary Peterson

Owner 

Zachary Peterson Aerial Photography & Videography LLC

40011 Lake Volney Ln

Le Center MN 56057

651-587-6020

zp@zacharypeterson.name

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TABLE OF CONTENTS

Page 

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

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

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

BACKGROUND....................................................................................................................4 

BASIS FOR PETITION.........................................................................................................5 

NAME AND ADDRESS OF PETITIONER.........................................................................6 

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH ZACHARY PETERSON AERIAL 

PHOTOGRAPHY & VIDEOGRAPHY LLC (of Minnesota) SEEKS EXEMPTION..........7 

THE EXTENT OF RELIEF ZACHARY PETERSON AERIAL PHOTOGRAPHY & VIDEOGRAPHY LLC 

(of Minnesota) SEEKS AND THE REASON ZACHARY PETERSON AERIAL PHOTOGRAPHY & 

VIDEOGRAPHY LLC (of Minnesota) SEEKS THE RELIEF........................................10

THE REASONS WHY GRANTING ZACHARY PETERSON AERIAL PHOTOGRAPHY & 

VIDEOGRAPHY LLC (of Minnesota)’S REQUEST WOULD BE IN THE PUBLIC

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

THE REASONS WHY GRANTING THE EXEMPTION TO ZACHARY PETERSON AERIAL 

PHOTOGRAPHY & VIDEOGRAPHY LLC (of Minnesota) WOULD NOT ADVERSELY AFFECT 

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

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER...................23

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT 

ZACHARY PETERSON AERIAL PHOTOGRAPHY & VIDEOGRAPHY LLC (of Minnesota)’S 

REQUEST............................................................................................................................23 

CONCLUSION.....................................................................................................................24 

APPENDICES......................................................................................... 24

2
GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation 

GCS Ground Control Station 

GPS Global Positioning System

LOL Loss of Link 

NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot In Command

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

SO Safety Observer

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing

3
SUMMARY

Zachary Peterson Aerial Photography & Videography LLC (of Minnesota) seeks exemption from the

requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1)

& (a)(2), and 91.417(a) & (b), to operate an Unmanned Aircraft System (DJI Phantom 3) pursuant to Section

333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit Zachary

Peterson Aerial Photography & Videography LLC (of Minnesota) to operate an Unmanned Aircraft System

(UAS) for the commercial purpose of conducting aerial video and photography of construction sites, residential

and commercial real estate, civil landscapes and events over certain areas of the United States. 

INTRODUCTION AND INTERESTS OF THE PETITIONER

The objective of Zachary Peterson Aerial Photography & Videography LLC (of Minnesota) and our Unmanned

Aircraft System (DJI Phantom 3) aerial operations is to provide a more affordable, high-quality production

system for a variety of governmental, commercial, public, and residential uses, specifically targeting

• Construction sites before and after

• Appraisals

• Real-estate marketing

• Economic development

• Civic landmarks

• Special event coverage

The owner of Zachary Peterson Aerial Photography & Videography LLC (of Minnesota) has safely flown 

small RC electric quadcopters recreationally for a year without incident.

BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 3, UAS

Zachary Peterson Aerial Photography & Videography LLC (of Minnesota) seeks an exemption to operate a DJI

Phantom 3 system for compensation or hire within the NAS. The DJI Phantom 3 is vertical takeoff and landing

(VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart

phone systems. The DJI Phantom 3 has a maximum gross weight of approximately 2.8 lb. while having a

diagonal dimension of 23.2”, a maximum speed of approximately 16.4’fps and a maximum flying height of

400'. The DJI Phantom 3 is equipped with four main rotors; driven by Lithium Polymer battery powered

electric motors. 

The DJI Phantom 3 that will be operated by Zachary Peterson Aerial Photography & Videography LLC (of

Minnesota) 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, Zachary Peterson Aerial Photography & Videography LLC (of Minnesota), 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, UAS in the National Airspace System (NAS), and

4
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, Zachary Peterson Aerial Photography & Videography LLC (of Minnesota) operation of DJI

Phantom 3 UAS meets the conditions of FMRA Section 333 and therefore, will not require an airworthiness

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

Accordingly, Zachary Peterson Aerial Photography & Videography LLC (of Minnesota) 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. 

Zachary Peterson Aerial Photography & Videography LLC (of Minnesota) submits that the requested relief is

proper since an equivalent level of safety will be ensured. Zachary Peterson Aerial Photography &

Videography LLC (of Minnesota) will use experienced personnel or technicians to perform maintenance,

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

the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual).

Furthermore, Zachary Peterson Aerial Photography & Videography LLC (of Minnesota) will document and

maintain all maintenance records for the DJI Phantom 3 UAS. 

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

Pilot in command, is requested by Zachary Peterson Aerial Photography & Videography LLC (of Minnesota)

to the extent necessary to allow a Pilot in Command (PIC) holding a private pilot or higher level certificate, as

well as an airman medical certificate, and who has demonstrated, by meeting minimum flight- hour and

currency requirements, that the PIC is able to safely operate the DJI Phantom UAS in a manner consistent with

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

people, vessels, vehicles and structures. 

Zachary Peterson Aerial Photography & Videography LLC (of Minnesota) seeks relief from Section 91.7(a),

entitled Civil aircraft airworthiness, because the DJI Phantom 3 UAS do not require an airworthiness

certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, Zachary Peterson Aerial Photography &

Videography LLC (of Minnesota) submits that they will ensure that the DJI Phantom 3 UAS is in an airworthy

condition, prior to every flight, by determining that the UAS are in compliance with the operating documents

(i.e., Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual), and that the aircraft are in a condition

for safe flight. 

Zachary Peterson Aerial Photography & Videography LLC (of Minnesota) also seeks an exemption from the

requirements of Section 91.121, entitled Altimeter Settings, as the DJI Phantom 3 UAS will not have a typical

barometric altimeter onboard. However, altitude information of the DJI Phantom 3 UAS will be provided to the

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

downlinks from the UA to the GCS for active monitoring of the flight path. This altitude information,

combined with Zachary Peterson Aerial Photography & Videography LLC (of Minnesota)’s operation of the

DJI Phantom 3 UAS within visual line of sight, at or below 400 feet AGL, will ensure a level of safety

equivalent to Section 91.121. 

Additionally, Zachary Peterson Aerial Photography & Videography LLC (of Minnesota) seeks an exemption

from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions. Zachary

Peterson Aerial Photography & Videography LLC (of Minnesota) submits that safety will not be affected by

operation of the DJI Phantom 3 UAS during daylight hours in visual meteorological conditions (VMC) under

visual flight rules (VFR), with enough battery power to fly for a total duration of approximately 23 minutes.

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

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

5
In accordance with 14 C.F.R. § 11.81, Zachary Peterson Aerial Photography & Videography LLC (of

Minnesota) 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:

Zachary Peterson

Owner

Zachary Peterson Aerial Photography & Videography LLC (of Minnesota)

40011 Lake Volney Ln

Le Center MN 56057

651-587-6020

zp@zacharypeterson.name

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B. The Specific Sections Of 14 C.F.R. From Which Zachary Peterson Aerial Photography &

Videography LLC (of Minnesota) Seeks Exemption. 

1. Zachary Peterson Aerial Photography & Videography LLC (of Minnesota) Seeks Exemption From

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

Section 61.113, entitled Private pilot privileges and limitations: Pilot in command, subsections (a) and

(b) prescribe the following, in relevant part: 

(a) No person who holds a private pilot certificate may act as a pilot in command (PIC) of an

aircraft that is carrying passengers or property for compensation or hire; nor may that person, for

compensation or hire, act as PIC of an aircraft. 

(b) A private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any

business or employment if— 

(1) The flight is only incidental to that business or employment; and 

(2) The aircraft does not carry passengers or property for compensation or hire. 

2. Zachary Peterson Aerial Photography & Videography LLC (of Minnesota) Seeks Exemption From

The Requirements Of Section 91.7(a).

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

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

3. Zachary Peterson Aerial Photography & Videography LLC (of Minnesota) Seeks Exemption From

The Requirements Of Section 91.121. 

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

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

aircraft, as the case may be, by reference to an altimeter that is set, when operating-- 

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

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

miles of the aircraft; 

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

current reported altimeter setting of an appropriate available station; or 

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

airport or an appropriate altimeter setting available before departure. 

4. Zachary Peterson Aerial Photography & Videography LLC (of Minnesota) Seeks Exemption From

The Requirements Of Section 91.151(b).

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

 (b), states the following: 

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

forecast weather conditions) there is enough fuel to fly to the first point of intended landing and,

assuming normal cruising speed, to fly after that for at least 20 minutes. 

5. Zachary Peterson Aerial Photography & Videography LLC (of Minnesota) 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[.] 

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6. Zachary Peterson Aerial Photography & Videography LLC (of Minnesota) Seeks Exemption From

The Requirements Of Section 91.407(a)(1) 

Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, or

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

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

rebuilding, or alteration unless-- 

(1) It has been approved for return to service by a person authorized under § 43.7 of this

chapter[.] 

7. Zachary Peterson Aerial Photography & Videography LLC (of Minnesota) Seeks Exemption From

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

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

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

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

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

return to service by a person authorized by § 43.7 of this chapter; or 

(2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of

this chapter. 

8. Zachary Peterson Aerial Photography & Videography LLC (of Minnesota) Seeks Exemption From

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

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

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

operator shall keep the following records for the periods specified in paragraph (b) of this section: 

(1) Records of the maintenance, preventive maintenance, and alteration and records of the 100-

hour, annual, progressive, and other required or approved inspections, as appropriate, for each

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

The records must include-- 

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

and 

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

(iii) The signature, and certificate number of the person approving the aircraft for return to

service. 

(2) Records containing the following information: 

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

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

appliance. 

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

be overhauled on a specified time basis. 

(iv) The current inspection status of the aircraft, including the time since the last inspection

required by the inspection program under which the aircraft and its appliances are

maintained. 

(v) The current status of applicable airworthiness directives (AD) and safety directives

including, for each, the method of compliance, the AD or safety directive number and

revision date. If the AD or safety directive involves recurring action, the time and date when

the next action is required. 

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(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. 

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C. The Extent Of Relief Zachary Peterson Aerial Photography & Videography LLC (of Minnesota)

Seeks And The Reason Zachary Peterson Aerial Photography & Videography LLC (of Minnesota) Seeks

The Relief. 

1. Extent Of Relief Zachary Peterson Aerial Photography & Videography LLC (of Minnesota) Seeks

And The Reason Zachary Peterson Aerial Photography & Videography LLC (of Minnesota) Seeks Relief

From Section 61.113(a) And (b). 

Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations: Pilot in command, is

requested to the extent necessary to allow a PIC holding a private pilot or higher level certificate, as well as a

current and valid airman medical certificate, and who has met certain flight-hour and currency requirements, to

conduct the proposed UAS flight operations for compensation or hire. 

This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a private pilot may,

for compensation or hire, act as PIC of an aircraft in connection with any business or employment if: (1) The

flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or

property for compensation or hire. 

As set forth more fully below, Zachary Peterson Aerial Photography & Videography LLC (of Minnesota)

submits that an equivalent level of safety will be maintained because no PIC will be allowed to operate the DJI

Phantom 3 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 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, Zachary Peterson Aerial Photography & Videography LLC (of Minnesota) submits that all flights of

the DJI Phantom 3 UAS, conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to

Zachary Peterson Aerial Photography & Videography LLC (of Minnesota)’s business; and (2) will not carry

passengers or property for compensation or hire. 

2. Extent Of Relief Zachary Peterson Aerial Photography & Videography LLC (of Minnesota) Seeks

And The Reason Zachary Peterson Aerial Photography & Videography LLC (of Minnesota) 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

Zachary Peterson Aerial Photography & Videography LLC (of Minnesota) to determine that the DJI Phantom 3

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

operating documents (i.e., Zachary Peterson Aerial Photography & Videography LLC (of Minnesota) Aerial

Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual). 

Zachary Peterson Aerial Photography & Videography LLC (of Minnesota) seeks the requested relief because

the DJI Phantom 3 UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21,

Subpart H. Therefore, Zachary Peterson Aerial Photography & Videography LLC (of Minnesota) will ensure

that the DJI Phantom 3 UAS are in airworthy condition based upon its compliance with the operating

documents (i.e., Monthly Maintenance Log, and DJI Phantom 3) prior to every flight, and further, determine

that the aircraft are in condition for safe flight, as stated in the conditions and limitations below.

3. Extent Of Relief Zachary Peterson Aerial Photography & Videography LLC (of Minnesota) Seeks

And The Reason Zachary Peterson Aerial Photography & Videography LLC (of Minnesota) 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 UAS, which utilize a barometric pressure sensor, GPS equipment, and a radio communications

10
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), Zachary Peterson Aerial Photography & Videography

LLC (of Minnesota) seeks the requested relief because the DJI Phantom 3 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 UAS are equipped with a barometric

pressure sensor and GPS equipment, which automatically ensures that a ground level pressure setting will be

established prior to each flight, and provides the PIC with altitude information of the UA on the heads-up

display of the GCS. 

4. Extent Of Relief Zachary Peterson Aerial Photography & Videography LLC (of Minnesota) Seeks

And The Reason Zachary Peterson Aerial Photography & Videography LLC (of Minnesota) 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 UAS during daylight hours in visual

meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 23 minutes. Zachary

Peterson Aerial Photography & Videography LLC (of Minnesota) seeks the requested relief because without an

exemption from Section 91.151(b), the flight time duration of the battery powered DJI Phantom 3 UAS will

severely constrain the practicality of any aerial video or still photo flight operations that Zachary Peterson

Aerial Photography & Videography LLC (of Minnesota) proposes to conduct pursuant to this Petition. 

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

operating documents, and Zachary Peterson Aerial Photography & Videography LLC (of Minnesota)’s

proposed operating limitations, ensure that Zachary Peterson Aerial Photography & Videography LLC (of

Minnesota) will safely operate the battery powered DJI Phantom 3 UAS during daylight hours in visual

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

duration of 23 minutes.

5. Extent Of Relief Zachary Peterson Aerial Photography & Videography LLC (of Minnesota) Seeks

And The Reason Zachary Peterson Aerial Photography & Videography LLC (of Minnesota) 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, Zachary Peterson Aerial Photography & Videography LLC (of Minnesota)

requests relief from these Sections because the DJI Phantom 3 UAS do not require airworthiness certificates.

As set forth more fully below, the DJI Phantom 3 UAS meet the conditions of FMRA Section 333 for operation

without an airworthiness certificate. Accordingly, Zachary Peterson Aerial Photography & Videography LLC

(of Minnesota) will use trained technicians to perform maintenance, alterations, or preventive maintenance on

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

Zachary Peterson Aerial Photography & Videography LLC (of Minnesota) Aerial Operations Manual, Monthly

Maintenance Log, and DJI Phantom 3 Instruction Manual). Furthermore, Zachary Peterson Aerial Photography

& Videography LLC (of Minnesota) will document and maintain all maintenance records for the DJI Phantom

3 UAS. 

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D. The Reasons Why Granting Zachary Peterson Aerial Photography & Videography LLC (of

Minnesota) 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 Zachary Peterson Aerial Photography

& Videography LLC (of Minnesota) to safely, efficiently, and economically perform aerial video and

photography of construction sites, real estate, events and civic landscape over certain areas of the United States.

Additionally, use of the DJI Phantom 3 UAS will decrease congestion of the NAS, reduce pollution, and

provide significant benefits to the economy. Notably, the benefits of Zachary Peterson Aerial Photography &

Videography LLC (of Minnesota)’s proposed operation of the DJI Phantom 3 UAS will be realized without

implicating any privacy issues. 

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

The DJI Phantom 3 UAS are battery powered and serve as a safe, efficient, and economical alternative to the

manned aircraft traditionally utilized to obtain aerial imagery. By reducing the amount of manned aircraft

needed to perform aerial acquisitions, an exemption allowing the use of a DJI Phantom 3 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 UAS do not require an airport to

takeoff or land. Likewise, a reduction of manned aircraft conducting aerial video and photography missions

would result in fewer aircraft that must be handled by air traffic control during the ground, takeoff, departure,

arrival, and landing phases of flight operations.

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

Conducting aerial acquisitions with the DJI Phantom 3 UAS, instead of manned aircraft, will greatly benefit the

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

still photography flight operations. By using battery power and electric motors, the DJI Phantom 3 UAS

produce no air pollution, and is the most viable environmentally conscious alternative to the cabin class, six

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

burning approximately 20-30 gallons per hour of leaded aviation fuel. The DJI Phantom 3 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 UAS to perform aerial acquisitions, the substantial risk to life and property in the

air and on the ground, which is usually associated with traditional manned aircraft flight operations, will be

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

the aircraft, the DJI Phantom 3 UAS (weighing approximately 2.8 pounds at their maximum gross weight with

diagonal dimension of 23.2 inches, and with no fuel on board), has less physical potential for collateral damage

to life and property on the ground, and in the air, compared to the manned aircraft that typically conduct similar

operations (weighing approximately 6,000 pounds with a wingspan of approximately 42 feet, a length of 34

feet, and a fuel capacity of 180 gallons). 

3. Performing Aerial Video and Photography Operations With The DJI Phantom 3 UAS Will Benefit 

The Economy. 

In addition to being safe and efficient, the DJI Phantom 3 UAS are also an economical alternative to using

manned aircraft to conduct similar aerial operations. As such, operation of the DJI Phantom 3 UAS will allow

United States based companies, like Zachary Peterson Aerial Photography & Videography LLC (of

12
Minnesota), 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 UAS 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 UAS, companies such as Zachary Peterson Aerial Photography &

Videography LLC (of Minnesota), 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 UAS,

provides a stable workforce that increases consumer spending; improves local, state, and federal tax revenues;

and allows companies to invest in research and development in order to remain competitive both in the United

States and abroad. 

4. There Are No Privacy Issues. 

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

Peterson Aerial Photography & Videography LLC (of Minnesota)’s proposed operation of the DJI Phantom 3

UAS will not implicate any privacy issues. Specifically, the DJI Phantom 3 UAS will be operated only in

compliance with operating documents (i.e., Zachary Peterson Aerial Photography & Videography LLC (of

Minnesota) Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 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. 

13
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 Zachary Peterson Aerial Photography & Videography LLC (of Minnesota) Seeks Exemption. 

1. Reasons Why The DJI Phantom 3 UAS Meet The Conditions Of The FAA Modernization and Reform

Act of 2012 (FMRA) Section 333. 

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

and its operation, Zachary Peterson Aerial Photography & Videography LLC (of Minnesota)’s operation of the

DJI Phantom 3 UAS meet the conditions of FMRA Section 333, and will not require an airworthiness

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

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

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

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

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

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

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

the plan and rulemaking required by section 332 of this Act or the guidance required by section 334

of this Act. 

(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, Zachary Peterson Aerial Photography & Videography LLC (of Minnesota) submits

that the DJI Phantom 3 UAS can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated

by: (a) the characteristics of the DJI Phantom 3 UAS; (b) the pilot certification requirement; and (c) the specific

operating limitations. 

a. The Specifications Of The DJI Phantom 3 UAS Demonstrate Its Safe Characteristics.

The DJI Phantom 3 UAS does not create a hazard to users of the NAS or the public, or otherwise pose a threat

to national security considering its size, weight, speed, and operational capability. 

i. Technical Specifications Of The DJI Phantom 3 UAS. 

The technical specifications of the DJI Phantom 3 UAS are set forth by the DJI Phantom 3 User Manual,

attached hereto as Appendix A. 

ii. The DJI Phantom 3 UAS Global Positioning Modes Enable The UAS To Remain Within A 

Defined Operational Area. 

The DJI Phantom 3 UAS may be operated in both manual and global positioning flight modes. A complete

description of the flight and navigational modes of the DJI Phantom 3 UAS is provided at pages 11 of the DJI

Phantom 3 User Manual attached hereto as Appendix A. 

14
iii. The DJI Phantom 3 UAS Are Designed For Automatic Return To Home Point Or Hover In 

The Event Of Loss Of The Control Link Or Navigation. 

When the Control Link is lost, the DJI Phantom 3 UAS will remain stationary, in flight, for 3 seconds or more.

If, after 3 seconds, the DJI Phantom 3 UAS does not reacquire control link data from the GCS, the UAS will

assume that the Control Link is lost and the will return to the home position (i.e., failsafe mode) via GPS, and

will descend to the takeoff position and shutdown. 

A complete description of the Failsafe Functions of the DJI Phantom 3 UAS are set forth at pages 12 through

14 of the DJI Phantom 3 User Manual, attached hereto as Appendix A. 

iv. The DJI Phantom 3 GCS And Its Operation.

A complete description of the operation and specifications of the DJI Phantom 3 GCS and flight control

software is provided at pages 23 through 29 of the DJI Phantom 3 User Manual. DJI Phantom 3 User Manual

is attached hereto as Appendix A. 

b. Flight Operations Of DJI Phantom 3 UAS Is Limited To The Line Of Sight Of A Certificated Pilot in 

Command With A Safety Observer. 

Zachary Peterson Aerial Photography & Videography LLC (of Minnesota) video production staff will be the

only persons to act as a pilot in command (PIC) of the DJI Phantom 3 UAS. Additionally, a safety observer will

assist him at all times during flight time. 

c. Flights Of DJI Phantom 3 UAS Will Be Conducted Pursuant To Specific Operating Limitations. 

In seeking this exemption, Zachary Peterson Aerial Photography & Videography LLC (of Minnesota) proposes

to commercially operate DJI Phantom 3 UAS for the special purpose of conducting aerial video and 

photography over certain areas of United States, pursuant to the following specific operating limitations.

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

in the operating documents, rotorcraft UAS weighing less than 55 pounds maximum gross weight:

DJI Phantom 3 Unmanned Aircraft Systems. Proposed operations of any other aircraft will require a

new petition or a petition to amend this grant. 

2. UAS operations under this exemption will be limited to conducting operations for the purpose of

aerial video and photography. 

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

4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL), as

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

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

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

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

specified on the PIC’s FAA-issued airman medical certificate. 

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

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. 

15
9. The operating documents and the grant of exemption must be accessible during UAS operations

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

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

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

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

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

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

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

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

update or revision would affect the basis upon which the FAA granted the exemption, then the

operator must petition for amendment to its grant of exemption. The FAA’s UAS Integration Office

(AFS-80) may be contacted if questions arise regarding updates or revisions to the operating

documents. 

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

flight. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is

prohibited from operating until the necessary maintenance has been performed and the UAS is

found to be in a condition for safe flight. The Ground Control Station must be included in the

preflight inspection. All maintenance and alterations must be properly documented in the aircraft

records.

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

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

The PIC who conducts the functional test flight must make an entry in the aircraft records. 

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

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

documents. 

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

replacement, inspection, and life limit requirements. 

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

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

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

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

UAS to service. 

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

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

against discrepancies discovered between inspections. 

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

certificate. 

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

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

with how the UAS will be operated under the exemption, including evasive and emergency

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

qualification flight hours must be logged in a manner consistent with 14 C.F.R. § 61.51(b). Flights

for the purposes of training the operator’s PICs are permitted under the terms of the exemption.

However, training operations may only be conducted during dedicated training sessions. During

training, proficiency, and experience-building flights, all persons not essential for flight operations

16
are considered nonparticipants, and the PIC must operate the UA with appropriate distance from

nonparticipants in accordance with 14 C.F.R. § 91.119. 

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

operations must be conducted under visual meteorological conditions (VMC). If flight at night is

required, a special request will be made at the FAA office closest to proposed area of operations.

Flights under special visual flight rules (SVFR) are not authorized. 

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

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

management is obtained, and the operation is conducted in accordance with a NOTAM as required

by the operator’s COA. The letter of agreement with the airport management must be made

available to the Administrator upon request. 

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

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

22. If the UA loses communications or loses its GPS signal, it must return to a pre- determined

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

documents. 

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

with the operating documents. 

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

conditions) there is enough power to fly at normal cruising speed to the intended landing point and

land the UA with 25% battery power remaining. 

25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or

Authorization (COA) prior to conducting any operations under the grant of exemption. This COA

will also require the operator to request a Notice to Airman (NOTAM) not more than 72 hours in

advance, but not less than 48 hours prior to the operation. All operations shall be conducted in

accordance with airspace requirements in the ATO issued COA including class of airspace, altitude

level and potential transponder requirements. 

26. All aircraft operated in accordance with the exemption must be identified by serial number,

registered in accordance with 14 C.F.R. part 47, and have identification (N- Number) markings in

accordance with 14 C.F.R. part 45, Subpart C. Markings must be as large as practicable. 

27. Before conducting operations, the radio frequency spectrum used for operation and control of

the UA must comply with the Federal Communications Commission (FCC) or other appropriate

government oversight agency requirements. 

28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available to the PIC at

the Ground Control Station of the UAS any time the UAS is operating. These documents must be

made available to the Administrator or any law enforcement official upon request. 

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

activities at all times. 

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

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

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

unless: 

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

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

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

17
leave such protection and are within 500 feet of the UA, flight operations must cease

immediately and/or; 

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

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

assessment of the risk of operating closer to those objects and determined that it does not

present an undue hazard, and; 

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

undue hazard to those persons per § 91.119(a). 

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

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

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

 33. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of

the operational area as defined by the applicable COA must be reported to the FAA's UAS

Integration Office (AFS-80) within 24 hours. Accidents must be reported to the National

Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site:

www.ntsb.gov. 

2. Reasons Why An Exemption From The Requirements Of Section 61.113(a) And (b) Would Not

Adversely Affect Safety.

Zachary Peterson Aerial Photography & Videography LLC (of Minnesota) submits that the equivalent level of

safety established by Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate

the DJI Phantom 3 UAS unless that PIC has demonstrated, by meeting minimum flight-hour and currency

requirements, that the PIC is able to safely operate the DJI Phantom 3 UAS in a manner consistent with the

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

vessels, vehicles and structures. 

Considering Zachary Peterson Aerial Photography & Videography LLC (of Minnesota)’s proposed area of

operations, and the operating limitations set forth-above; the parallel nature of private pilot aeronautical

knowledge requirements to those of commercial pilot requirements (See Exemption No. 11062); and the

airmanship skills necessary to safely operate the DJI Phantom 3 UAS, Zachary Peterson Aerial Photography &

Videography LLC (of Minnesota) submits that the additional manned airmanship experience of a commercially

certificated pilot would not correlate to the airmanship skills necessary for Zachary Peterson Aerial

Photography & Videography LLC (of Minnesota)’s specific proposed flight operations. 

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

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

11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160,

11161). 

Zachary Peterson Aerial Photography & Videography LLC (of Minnesota) will not allow any PIC to operate

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

the DJI Phantom 3 UAS training and currency requirements, that the PIC is able to safely operate the DJI

Phantom 3 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). 

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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 Zachary Peterson Aerial

Photography & Videography LLC (of Minnesota)’s proposed operations. The Administrator has held that prior

documented flight experience that was obtained in compliance with applicable regulations would ensure safe

operations, stating as follows: 

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

motion picture filming (or similar operations), the PIC must have accumulated and logged, in a manner

consistent with 14 CFR 61.51(b), 25 hours of total time as a UAS rotorcraft pilot including at least 10

hours logged as a UAS pilot with a multi-rotor UAS. Prior to operations under Exemption No. 11062,

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

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

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

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

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

accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes). The FAA finds

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

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

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

regulations would satisfy this requirement. Training, proficiency, and 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, Zachary Peterson Aerial Photography & Videography LLC (of Minnesota) will ensure safe

operations by not allowing any PIC to operate the DJI Phantom 3 UAS unless that PIC has demonstrated, by

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

Phantom 3 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,

Zachary Peterson Aerial Photography & Videography LLC (of Minnesota) will ensure that the DJI Phantom 3

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

in the conditions and limitations herein. 

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

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

11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160,

11161). 

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

Safety.

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

information of the DJI Phantom 3 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

19
flight path and altitude. This altitude information, combined with Zachary Peterson Aerial Photography &

Videography LLC (of Minnesota)’s operation of the DJI Phantom 3 UAS within visual line of sight, at or

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

generated by GPS equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiation point is

automatically established by the UAS at ground level. 

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

material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067,

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

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

Affect Safety.

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

91.151(b) as a result of (1) the technical specifications of the DJI Phantom 3 UAS; (2) the limitations on the

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

Peterson Aerial Photography & Videography LLC (of Minnesota) will ensure that it will safely operate the

battery powered DJI Phantom 3 UAS during daylight hours in VFR conditions, with enough battery power to

fly for a total duration of 23 minutes. 

Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom 3 UAS; the limitations on

the proposed flight operations; and the location of the proposed operations, will ensure an equivalent level of

safety established by 14 C.F.R. Section 91.151(b). Furthermore, safety will be ensured as the DJI Phantom 3

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

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

10% remaining battery power. At the critically low battery level, the DJI Phantom 3 UAS will descend and

land automatically. 

Significantly, previous exemptions granted by the FAA concerning Section 91.151 establish that safety is not

adversely affected when the technical characteristics and operating limitations of the UAS are considered.

Relief has been granted for manned aircraft to operate at less than the minimums prescribed in Section 91.151,

including Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted relief from

Section 91.151 specific to UAS, in circumstances similar, in all material respects, to those presented herein

(e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109,

11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). 

6. Reasons Why An Exemption From The Requirements Of Sections

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would Not Adversely Affect Safety. 

In seeking this exemption, Zachary Peterson Aerial Photography & Videography LLC (of Minnesota) 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

Zachary Peterson Aerial Photography & Videography LLC (of Minnesota) will use trained technicians to

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

practices prescribed in the operating documents (i.e., Zachary Peterson Aerial Photography & Videography

LLC (of Minnesota) Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Instruction

Manual). Furthermore, Zachary Peterson Aerial Photography & Videography LLC (of Minnesota) will

document and maintain all maintenance records for the DJI Phantom 3 UAS. 

Since the DJI Phantom 3 UAS will be inspected as prescribed by the operating documents, Zachary Peterson

Aerial Photography & Videography LLC (of Minnesota) 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 User Manuals are attached

20
hereto as Appendix A and B; a copy of the DJI Phantom 3 UAS Maintenance LOG is attached hereto as

Appendix C. 

Likewise, the exemption sought will not adversely affect safety because Zachary Peterson Aerial Photography

& Videography LLC (of Minnesota) 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 UAS will be performed by

trained technicians. Maintenance will be documented and maintained utilizing the monthly maintenance log. 

Significantly, previous exemptions granted by the FAA concerning Sections 91.405(a), 91.407(a)(1), 91.409(a)

(1) & (a)(2), and 91.417(a) & (b) establish that safety is not adversely affected when the technical

characteristics and operating limitations of the UAS are considered. 

In consideration of Zachary Peterson Aerial Photography & Videography LLC (of Minnesota)’s proposed

operating limitations, the operating documents, and the technical aspects of the DJI Phantom 3 UAS, Zachary

Peterson Aerial Photography & Videography LLC (of Minnesota) submits that safety will not be adversely

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

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

material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067,

11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). 

7. The FAA May Prescribe Any Other Conditions For Safe Operation. 

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14 C.F.R. §

21.16 entitled Special Conditions, Zachary Peterson Aerial Photography & Videography LLC (of Minnesota)

requests that the FAA prescribe special conditions for the intended operation of the DJI Phantom 3 UAS, which

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

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

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

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

the United States for compensation or hire. FMRA Section 333 sets forth the requirements for considering

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

security; and further, provides the authority for such UAS to operate without airworthiness certification in

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

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

§ 21.16, for operation of the DJI Phantom 3 UAS, since the airworthiness regulations of 14 C.F.R. Part 21 do

not contain adequate or appropriate safety standards, due to the novel or unusual design features of the aircraft.

Section 21.16, entitled Special Conditions, states the following: 

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

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

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

amendments thereto for the product. The special conditions are issued in accordance with Part 11 of this

chapter and contain such safety standards for the aircraft, aircraft engine or propeller as the FAA finds

necessary to establish a level of safety equivalent to that established in the regulations. 

See 14 C.F.R. § 21.16.

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

conditions for Leading Edge’s intended operation of the DJI Phantom 3 UAS, which contain such safety

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

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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).

22
• A Summary That Can Be Published In The Federal Register, stating: The Rules From

Which Zachary Peterson Aerial Photography & Videography LLC (of Minnesota) Seeks Exemption: 

Zachary Peterson Aerial Photography & Videography LLC (of Minnesota) 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 Zachary Peterson Aerial Photography &

Videography LLC (of Minnesota) Seeks: 

This exemption will permit Zachary Peterson Aerial Photography & Videography LLC (of Minnesota)

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

video and photography over certain areas of the United States.

• Any Additional Information, Views, Or Arguments Available To Support Zachary

Peterson Aerial Photography & Videography LLC (of Minnesota)’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, Zachary Peterson Aerial Photography & Videography LLC (of Minnesota)’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, Zachary Peterson Aerial Photography & Videography LLC (of Minnesota) will

operate the DJI Phantom 3 UAS safely in the NAS, without creating a hazard to users of the NAS, or the

public, or otherwise pose a threat to national security. 

23
CONCLUSION

As set forth herein, Zachary Peterson Aerial Photography & Videography LLC (of Minnesota) 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 UAS commercially, without an airworthiness

certificate, for the limited purpose of conducting aerial video and photography over certain areas of the United

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

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

Zachary Peterson Aerial Photography & Videography LLC (of Minnesota) to safely, efficiently, and

economically operate the DJI Phantom 3 UAS commercially within the NAS. 

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

Act of 2012, Section 333, Zachary Peterson Aerial Photography & Videography LLC (of Minnesota)

respectfully requests that the Administrator grant this Petition for an exemption from the requirements of 14

C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and

91.417(a) & (b), and permit Leading Edge to operate the DJI Phantom 3 UAS commercially for the purpose of

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

Dated: September 11, 2015

Respectfully submitted,

Zachary Peterson

Owner 

Zachary Peterson Aerial Photography & Videography LLC (of Minnesota)

40011 Lake Volney Ln

Le Center MN 56057

651-687-6020

zp@zacharypeterson.name

Appendices:

A – Link to DJI Phantom 3 Manual: Click on link below

http://download.djiinnovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual_v1.2_en.pdf

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