1

 UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

 ELITE AERIAL PHOTOGRAPHY LLC

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS 

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

91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL OPERATION 

OF DJI Phantom 3 UNMANNED AIRCRAFT SYSTEMS  PURSUANT TO SECTION 333 

OF 

THE FAA MODERNIZATION AND REFORM ACT OF 2012

(PUBLIC LAW 112-95)

Submitted on September 9, 2015

Elite Aerial Photography LLC

227 Aspen Grove Way

Severance CO, 80550

308-730-1815

 ingrahambj@lopers.unk.edu
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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 ELITE AERIAL 

PHOTOGRAPHY LLC

SEEKS EXEMPTION...................................................................................................7

THE EXTENT OF RELIEF ELITE AERIAL PHOTOGRAPHY LLC SEEKS AND THE 

REASON ELITEAERIAL PHOTOGRAPHY LLC SEEKS THE 

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

THE REASONS WHY GRANTING ELITE AERIAL PHOTOGRAPHY LLC REQUEST 

WOULD BE IN THE PUBLIC INTEREST .................................................................13

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY

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

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER..................30

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO 

SUPPORT ELITE AERIAL PHOTOGRAPHY LLC

REQUEST..................................................................................................................30

CONCLUSION........................................................................................................................31

APPENDICES.......................................................................................................32
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GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

GCS Ground Control Station

GPS Global Positioning System

LOL Loss of Link

NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot In Command

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

333

SO Safety Observer

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing
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SUMMARY

ELITE AERIAL PHOTOGRAPHY LLC seeks exemption from the requirements of 14 C.F.R 

§§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), 

and 91.417(a) & (b), to operate an Unmanned Aircraft System pursuant to Section 333 of the 

FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit ELITE 

AERIAL PHOTOGRAPHY LLC to operate an Unmanned Aircraft System (UAS) for the 

commercial purpose of conducting aerial video and photography of real estate, and 

landscape over certain areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

ELITE AERIAL PHOTOGRAPHY LLC provides clients with photography and video services

of properties and buildings for the purpose of advertising and promotion. The objective of 

ELITE AERIAL PHOTOGRAPHY LLC and aerial operations is to provide high quality 

imaging for a variety of commercial, public, and residential uses, specifically targeting:

• Residential Construction

• Real-estate marketing

• Resort property marketing

BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 3 UASs

ELITE AERIAL PHOTOGRAPHY LLC seeks an exemption to operate DJI systems for 

compensation or hire within the NAS. The DJI Phantom 3 are vertical takeoff and landing (VTOL) 

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

phone systems. The DJI Phantom 3 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 3UAs is equipped with four main rotors; driven by 

Lithium Polymer battery powered electric motors.

BASIS FOR PETITION

Petitioner, ELITE AERIAL PHOTOGPRAHY LLC, pursuant to the provisions of the 

Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform 
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Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems, 

hereby petitions the Administrator to commercially operate the DJI Phantom 3 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, ELITE AERIAL PHOTOGRAPHY LLC operation of DJI 

Phantom 3 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, ELITE AERIAL PHOTOGRAPHY 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.

ELITE AERIAL PHOTOGRAPHY LLC submits that the requested relief is proper since an 

equivalent level of safety will be ensured. ELITE AERIAL PHOTOGRAPHY 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 Phantom 3 Instruction 

Manual). Furthermore, ELITE AERIAL PHOTOGRAPHY LLC will document and maintain all 

maintenance records for the DJI Phantom 3 UASs.

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

privileges and limitations: Pilot in command, is requested by ELITE AERIAL 

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

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

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

able to safely operate the DJI Phantom 3 UASs in a manner consistent with this exemption, 

including evasive and emergency maneuvers and maintaining appropriate distances from 

people, vessels, vehicles and structures.
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ELITE AERIAL PHOTOGRAPHY LLC seeks relief from Section 91.7(a), entitled 

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

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

ELITE AERIAL PHOTOGRAPHY LLC submits that he will ensure that the DJI 

Phantom 3UASs 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 Instruction Manual), and that the aircraft are 

in a condition for safe flight. He will utilize the preflight instructions provided by DJI 

to ensure airworthiness checks prior to each flight.

ELITE AERIAL PHOTOGRAPHY LLC 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 3UAs 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 ELITE AERIAL PHOTGRAPHY 

LLC’s operation of the DJI Phantom 3 UASs within visual line of sight, at or below 

500 feet AGL, will ensure a level of safety equivalent to Section 91.121.

Additionally, ELITE AERIAL PHOTOGRAPHY LLC seeks an exemption from 

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

VFR conditions. ELITE AERIAL PHOTOGRAPHY LLC 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 14.5 minutes 

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

fly after that for at least 4.5 minutes.

In accordance with 14 C.F.R. § 11.81, ELITE AERIAL PHOTOGRAPHY 

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:

ELITE AERIAL PHOTOGRAPHY LLC

Attn: Brandon Ingraham

227 Aspen Grove Way

Severance, CO 80550

308-730-1815

ingrahambj@lopers.unk.edu
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B. The Specific Sections Of 14 C.F.R. From Which ELITE AERIAL 

PHOTOGRAPHY LLC Seeks Exemption.

1. ELITE AERIAL PHOTOGRAPHY LLC Seeks Exemption From The 

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

Section 61.113, entitled Private pilot privileges and limitations: Pilot in 

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

part:

(a) No person who holds a private pilot certificate may act as a pilot 

in command (PIC) of an aircraft that is carrying passengers or 

property for compensation or hire; nor may that person, for 

compensation or hire, act as PIC of an aircraft.

(b) A private pilot may, for compensation or hire, act as PIC of an 

aircraft in connection with any business or employment if—

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

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

hire.

2. ELITE AERIAL PHOTOGRAHY LLC Seeks Exemption From The 

Requirements Of Section 91.7(a).

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

states the following:

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

3. ELITE AERIAL PHOTOGRAPHY LLC Seeks Exemption From The 

Requirements Of Section 91.121.

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

following, in part:

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

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

altimeter that is set, when operating--

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

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

route and within 100 nautical miles of the aircraft;

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

(a)(1)(i) of this section, the current reported altimeter setting of 
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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. ELITE AERIAL PHOTOGRAPHY LLC Seeks Exemption From The 

Requirements Of Section 91.151(b).

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

subsection

(b), states the following:

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

unless (considering wind and forecast weather conditions) there is 

enough fuel to fly to the first point of intended landing and, assuming 

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

5. ELITE AERIAL PHOTOGRAPHY LLC Seeks Exemption From The 

Requirement Of Section 91.405(a).

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

following: Each owner or operator of an aircraft—

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

part and shall between required inspections, except as provided in 

paragraph (c) of this section, have discrepancies repaired as prescribed 

in part 43 of this chapter[.]

6. ELITE AERIAL PHOTOGRAPHY 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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7. ELITE AERIAL PHOTOGRAPHY LLC Seeks Exemption From The 

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

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

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

operate an aircraft unless, within the preceding 12 calendar months, it 

has had --

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

and has been approved for return to service by a person authorized 

by § 43.7 of this chapter; or

(2) An inspection for the issuance of an airworthiness 

certificate in accordance with part 21 of this chapter.

8. ELITE AERIAL PHOTOGRAPHY 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 
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aircraft which are required to be overhauled on a specified 

time basis.

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

the time since the last inspection required by the 

inspection program under which the aircraft and its 

appliances are maintained.

(v) The current status of applicable airworthiness directives 

(AD) and safety directives including, for each, the method of 

compliance, the AD or safety directive number and revision 

date. If the AD or safety directive involves recurring action, the 

time and date when the next action is required.

(vi) Copies of the forms prescribed by § 43.9(d) of this 

chapter for each major alteration to the airframe and 

currently installed engines, rotors, propellers, and 

appliances.

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

periods prescribed:

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

shall be retained until the work is repeated or superseded by 

other work or for 1 year after the work is performed.

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

shall be retained and transferred with the aircraft at the time 

the aircraft is sold.

(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 ELITE AERIAL PHOTOGRAPHY LLC

Seeks And The Reason ELITE AERIAL PHOTOGRAPHY LLC Seeks 

The Relief.

1. Extent Of Relief ELITE AERIAL PHOTOGRAPHY LLC Seeks And The 

Reason ELITE AERIAL PHOTOGRAPHY LLC Seeks Relief From Section 

61.113(a) And (b).

Relief from Section 61.113(a) and (b) entitled Private pilot privileges and 

limitations: Pilot in command, is requested to the extent necessary to allow a PIC 
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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, ELITE AERIAL PHOTOGRAPHY LLC 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, ELITE AERIAL PHOTOGRAPHY LLC submits that all flights of the DJI 

Phantom 3 UASs, conducted by the PIC pursuant to the grant of this Petition: (1) 

will be incidental to ELITE AERIAL PHOTOGRAPHY LLC’S business; and (2) will 

not carry passengers or property for compensation or hire.

2. Extent Of Relief ELITE AERIAL PHOTOGRAPHY LLC Seeks And The 

Reason ELITE AERIAL PHOTOGRAPHY 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 ELITE AERIAL PHOTOGRAPHY LLC to determine that 

the DJI Phantom 3 UASs are in airworthy condition prior to every flight by 

ensuring that the UAS is in compliance with the operating documents (i.e., the 

ELITE AERIAL PHOTOGRAPHY LLC Aerial Operations Manual, Monthly 

Maintenance Log, and DJI Phantom 3 Instruction Manual).

ELITE AERIAL PHOTOGRAPHY LLC seeks the requested relief because the DJI 

Phantom 3 UASs do not require an airworthiness certificate in accordance with 14 

C.F.R. Part 21, Subpart H. Therefore, ELITE AERIAL PHOTOGRAPHY LLC will 

ensure that the DJI Phantom 3 UASs are in airworthy condition based upon its 

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

Phantom 3 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 
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below.

3. Extent Of Relief ELITE AERIAL PHOTOGRAPHY LLC Seeks And The 

Reason ELITE AERIAL PHOTOGRAPHY 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 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), ELITE AERIAL 

PHOTOGRAPHY LLC 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 ELITE AERIAL PHOTOGRAPHY LLC Seeks And The 

Reason ELITE AERIAL PHOTOGRAPHY 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 UAs during daylight hours in visual meteorological 

conditions (VMC), under visual flight rules (VFR), for a total duration of 14.5 

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

to fly after that for at least 4.5 minutes. ELITE AERIAL PHOTOGRAPHY 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 UAs will severely 

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

ELITE AERIAL PHOTOGRAPHY LLC proposes to conduct pursuant to this 

Petition.

Significantly, as set forth below, the technical specifications of the DJI Phantom 3 
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UASs, the DJI Phantom 3 operating documents, and ELITE AERIAL 

PHOTOGRAPHY LLC’S proposed operating limitations, ensure that ELITE 

AERIAL PHOTOGRAPHY LLC 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 14.5 minutes to the first point of intended landing and, assuming normal 

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

5. Extent Of Relief ELITE AERIAL PHOTOGRAPHY LLC Seeks And The 

Reason ELITE AERIAL PHOTOGRAPHY 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, ELITE AERIAL 

PHOTOGRAPHY LLC requests relief from these Sections because the DJI 

Phantom 3 UASs do not require airworthiness certificates. As set forth more fully 

below, the DJI Phantom 3 UASs meet the conditions of FMRA Section 333 for 

operation without an airworthiness certificate. Accordingly, ELITE AERIAL 

PHOTOGRAPHY 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 

ELITE AERIAL PHOTOGRAPHY LLC Aerial Operations Manual, Monthly 

Maintenance Log, and DJI Phantom 3 Instruction Manual). Furthermore, ELITE 

AERIAL PHOTOGRAPHY LLC will document and maintain all maintenance records 

for the DJI Phantom 3 UASs.

D. The Reasons Why Granting ELITE AERIAL PHOTOGRAPHY 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 ELITE 

AERIAL PHOTOGRAPHY LLC to safely, efficiently, and economically perform 

aerial video and photography of real estate, and landscape over certain areas of 

the United States.

Additionally, use of the DJI Phantom 3 UASs will decrease congestion of the NAS, 

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

benefits of ELITE AERIAL PHOTOGRAPHY LLC’s proposed operation of the DJI 

Phantom 3 UASs will be realized without implicating any privacy issues.
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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 UASs.

Conducting aerial acquisitions with the DJI Phantom 3 UASs, instead of manned 

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

noise pollution generated during traditional aerial video and still photography flight 

operations. By using battery power and electric motors, the DJI Phantom 3 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 

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 UASs to perform aerial acquisitions, the substantial 

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

with traditional manned aircraft flight operations, will be substantially reduced or 

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

the aircraft, the DJI Phantom 3 UAs (weighing approximately 6 pounds 7.5 ounces 

respectively, at maximum gross weight with length of 17.3 inches respectively, 

width of 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 
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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 UASs Will Benefit The Economy.

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

economical alternative to using manned aircraft to conduct similar aerial 

operations. As such, operation of the DJI Phantom 3 UASs will allow United States 

based companies, like ELITE AERIAL PHOTOGRAPHY 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 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 UASs, companies such as ELITE AERIAL 

PHOTOGRAPHY 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 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 

many years, ELITE AERIAL PHOTOGRAPHY LLC’s proposed operation of the DJI 

Phantom 3 UASs will not implicate any privacy issues. Specifically, the DJI Phantom 3 

UASs will be operated only in compliance with operating documents (i.e., the ELITE 

AERIAL PHOTOGRAPHY LLC Aerial Operations Manual, Monthly Maintenance Log, 

and DJI Phantom 3 Instruction Manual) which requires property owner involvement

and permission to videotape/photograph 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 ELITE AERIAL 
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PHOTOGRAPHY LLC 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, ELITE AERIAL PHOTOGRAPHY 

LL’s operation of the DJI Phantom 3 UASs meet the conditions of FMRA Section 

333, and will not require an airworthiness certificate in accordance with 14 C.F.R. 

Part 21, Subpart H.

Section 333 provides authority for a UAS to operate without airworthiness 

certification and sets forth requirements for considering whether a UAS will create 

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

security. Specifically, FMRA Section 333 states the following, in part:

(a) In General.--Notwithstanding any other requirement of this subtitle, 

and not later than 180 days after the date of enactment of this Act, the 

Secretary of Transportation shall determine if certain unmanned 

aircraft systems may operate safely in the national airspace system 

before completion of the plan and 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.
17

In seeking this exemption, ELITE AERIAL PHOTOGRAPHY LLC submits that the DJI 

Phantom 3 UASs can operate safely in the NAS pursuant to FMRA Section 333, as 

demonstrated by: (a) the characteristics of the DJI Phantom 3 UASs;

(b) The pilot certification requirement; and (c) the specific operating limitations.

a. The Specifications Of The DJI Phantom 3 UASs Demonstrate Its Safe 

Characteristics.

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

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

speed, and operational capability.

i. Technical Specifications Of The DJI Phantom 3 UASs.

The technical specifications of the DJI Phantom 3 UASs are set forth by the DJI 

Phantom 3 User Manuals, attached hereto as Appendix A.

ii. The DJI Phantom 3 UASs Autonomous Flight And Navigation Modes 

Enable The UASs To Remain Within A Defined Operational Area.

The DJI Phantom 3 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 UASs is provided at pages 45-50 of the DJI 

Phantom 3 User Manuals, attached hereto as Appendix A.

iii. The DJI Phantom 3 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 UAS will remain stationary, in 

flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 3 UAS do not 

reacquire control link data from the GCS, the UAs will assume that the Control Link 

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

and will descend to the takeoff position and shutdown.

A complete description of the Failsafe Functions of the DJI Phantom 3 UAS are at 

pages 13 through 15 of the DJI Phantom 3 User Manuals, attached hereto as 

Appendix A.
18

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 40 through 47 of the DJI 

Phantom 3 User Manual. The DJI Phantom 3 User Manual is attached hereto as 

Appendix A.

b. Flight Operations Of DJI Phantom 3 UASs Are Limited To The Line Of 

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

BRANDON INGRAHAM will be the only person to act as a pilot in command (PIC) of 

the DJI Phantom 3 UASs. Additionally, a safety observer will assist in flights.

c. Flights Of DJI Phantom 3 UASs Will Be Conducted Pursuant To 

Specific Operating Limitations.

In seeking this exemption, ELITE AERIAL PHOTOGRAPHY LLC proposes to 

commercially operate DJI Phantom 3 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 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.
19

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

PIC at all times. This requires the PIC to be able to use human vision 

unaided by any device other than corrective lenses, as specified on the 

PIC’s FAA-issued airman medical certificate.

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

(SO) is not permitted.

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

used to satisfy the VLOS requirement as long as the PIC always 

maintains VLOS capability. The SO and PIC must be able to 

communicate verbally at all times. Electronic messaging or texting is 

not permitted during flight operations. The PIC must be designated 

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

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

the functions prescribed in the operating documents.

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

with seeing and avoiding other air traffic and other ground based 

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

other instruments.

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

accessible during UAS operations and made available to the Administrator 

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

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

operating documents, the conditions and limitations contained in the grant of 

exemption take precedence and must be followed. Otherwise, the operator 

must follow the procedures as outlined in its operating documents. The 

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

responsibility to track such revisions and present updated and revised 

documents to the Administrator upon request. The operator must also 

present updated and revised documents if it petitions for extension or 

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

update or revision would affect the basis upon which the FAA granted the 
20

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.
21

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

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

sections of the operating documents.

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

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

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

keeping requirements, in accordance with the operating documents. Maintenance, 

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

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

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

service.

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

manufacturer Safety Bulletins.

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

corrective action taken against discrepancies discovered between inspections.

17. The PIC must possess at least a private pilot certificate and at least a 

current third- class medical certificate.

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

operator’s qualification criteria and demonstrates the ability to safely operate the UAS 

in a manner consistent with how the UAS will be operated under the exemption, 

including evasive and emergency maneuvers and maintaining appropriate distances 

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

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

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

However, training operations may only be conducted during dedicated training 

sessions. During training, proficiency, and experience-building flights, all persons not 

essential for flight
22

operations are considered nonparticipants, and the PIC must operate the UA with 

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

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

1.1. All operations must be conducted under visual meteorological conditions (VMC). 

If flight at night is required, a special request will be made at the FAA office closest to 

proposed area of operations. Flights under special visual flight rules (SVFR) are not 

authorized.

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

as denoted on a current FAA-published aeronautical chart unless a letter of 

agreement with that airport’s management is obtained, and the operation is 

conducted in accordance with a NOTAM as required by the operator’s COA. The 

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

Administrator upon request.

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

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

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

pre- determined location within the planned operating area and land or be recovered 

in accordance with the operating documents.

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 
23

the ATO issued COA including class of airspace, altitude level and potential transponder 

requirements.

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

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

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

Markings must be as large as practicable.

27. Before conducting operations, the radio frequency spectrum used for 

operation and control of the UA must comply with the Federal Communications 

Commission (FCC) or other appropriate government oversight agency requirements.

28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be 

available to the PIC at the Ground Control Station of the UAS any time the UAS is 

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

law enforcement official upon request.

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

operations and activities at all times.

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

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

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

vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating 

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

operator must ensure that nonparticipating persons remain under such 

protection. If a situation arises where nonparticipating persons leave 

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

cease immediately and/or;
24

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.

ELITE AERIAL PHOTOGRAPHY LLC 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 UASs unless that PIC has demonstrated, by meeting minimum flighthour 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 ELITE AERIAL PHOTOGRAPHY LLC’s proposed area of operations, and the 

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

knowledge requirements to those of commercial pilot requirements (See Exemption No. 
25

11062); and the airmanship skills necessary to safely operate the DJI Phantom 3 UAS, 

ELITE AERIAL PHOTOGRAPHY LLC submits that the additional manned airmanship 

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

necessary for ELITE AERIAL PHOTOGRAPHY LLC’s specific proposed flight operations.

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

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

Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 

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

ELITE AERIAL PHOTOGRAPHY LLC 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).

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 ELITE AERIAL PHOTOGRAPHY LLC’s proposed operations. The 

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

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

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

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

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

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

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

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

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

For clarification, the FAA considers these minimum hour requirements to be inclusive 

rather than additive; i.e. 5 hours make and model time may be
26

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 experiencebuilding 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, ELITE AERIAL PHOTOGRAPHY LLC 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, ELITE AERIAL PHOTOGRAPHY LLC 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 
27

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 flight path and altitude. This altitude information, 

combined with ELITE AERIAL PHOTOGRAPHY LLC’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 UASs 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 

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

proposed flight operations. Accordingly, ELITE AERIAL PHOTOGRAPHY LLC 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 14.5 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 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 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 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 
28

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, ELITE AERIAL PHOTOGRAPHY 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 ELITE AERIAL PHOTOGRAPHY LLC will use trained 

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

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

the ELITE AERIAL PHOTOGRAPHY LLC Aerial Operations Manual, Monthly Maintenance 

Log, and DJI Phantom 3 Instruction Manual). Furthermore, ELITE AERIAL 

PHOTOGRAPHY LLC will document and maintain all maintenance records for the DJI 

Phantom 3 UASs.

Since the DJI Phantom 3 UASs will be inspected as prescribed by the operating documents, 

ELITE AERIAL PHOTOGRAPHY 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 User 

Manual is attached hereto as Appendix A; 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 ELITE AERIAL 

PHOTOGRAPHY 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 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 ELITE AERIAL PHOTOGRAPHY LLC’s proposed operating limitations, the 

operating documents, and the technical aspects of the DJI Phantom 3 UASs, ELITE AERIAL 

PHOTOGRAPHY LLC submits that safety will not be adversely affected by granting exemption 
29

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, ELITE AERIAL PHOTOGRAPHY LLC

requests that the FAA prescribe special conditions for the intended operation of the DJI 

Phantom 3 UASs, which contain such safety standards that the Administrator finds 

necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, 

Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 

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

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

over certain areas of the 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 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 ELITE AERIAL PHOTOGRAPHY LLC intended operation of 

the DJI Phantom 3 UASs, which contain such safety standards that the Administrator finds 
30

necessary to establish a level of safety equivalent to that established by 14 C.F.R.

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

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

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

From Which ELITE AERIAL PHOTOGRAPHY LLC Seeks Exemption:

ELITE AERIAL PHOTOGRAPHY 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 ELITE AERIAL 

PHOTOGRAPHY LLC Seeks:

This exemption will permit ELITE AERIAL PHOTOGRAPHY LLC to commercially 

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

video and photography over certain areas of the United States.

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

AERIAL PHOTOGRAPHY 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, ELITE AERIAL PHOTOGRAPHY 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, ELITE AERIAL PHOTOGRAPHY LLC will operate the DJI 

Phantom 3 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.
31

CONCLUSION

As set forth herein, ELITE AERIAL PHOTOGRAPHY 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 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 ELITE 

AERIAL PHOTOGRAPHY LLC to safely, efficiently, and economically operate the DJI 

Phantom 3 UASs commercially within the NAS.

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

Modernization and Reform Act of 2012, Section 333, ELITE AERIAL PHOTOGRAPHY LLC 

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

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

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit ELITE AERIAL 

PHOTOGRAPHY LLC to operate the DJI Phantom 3 UASs commercially for the purpose of 

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

Respectfully submitted on September 9, 2015

Elite Aerial Photography LLC

227 Aspen Grove Way

Severance, CO 80550

308-730-1815

ingrahambj@lopers.unk.edu
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Appendices:

A – DJI Phantom 3 Specifications Data Sheet

B – Monthly Maintenance Log

C- DJI Phantom Users Guide

APPENDIX – A

DJI Phantom 3 TECHNICAL SPECIFICATIONS

ELITE AERIAL PHOTOGRAPHY 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 Phantom 3

2.2.1 Aircraft

2.2.1.1 Model – Phantom 3

2.2.1.2 Weight (Battery Included) – 1280 grams

2.2.1.3 Hovering Accuracy (GPS Mode) – Vertical: +/- 10cm; Horizontal:

+/-1m

2.2.1.4 Max Angular Velocity –Yaw: 2000/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 – 3m/s

2.2.1.8 Max Speed – 16m/s (ATTI mode, no wind – NOT 

RECOMMENDED)

2.2.1.9 Max Flight Altitude – 6000m

2.2.1.10 Max Flight Time – Approximately 23 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”
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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 – Sony EXMOR

2.2.3.2 Model – 12.4M Pixel

2.2.3.3 Total Pixels – 12.4M

2.2.3.4 Effective Pixels – 12.76M

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