1

November 23, 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: Michael Sobola request for 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 the 

DJI Phantom 3 unmanned aircraft system pursuant to section 333 ofThe FAA Modernization and

Reform Act of 2012 (public law 112-95)

Michael Sobola

3241 6th Street South

Arlington, VA 22204

703-380-7325

mikesobola@verizon.net
2

TABLE OF CONTENTS Page

Glossary of abbreviations........................................................................................................3

Summary.................................................................................................................................4

Introduction and interests of petitioner....................................................................................4

Background............................................................................................................................4

Basis for the petition...............................................................................................................5

Name and address of petitioner................................................................................................6

The specific sections of 14 C.F.R. from which Michael Sobola seeks exemption...................7

The extent of relief Michael Sobola seeks and the reason Michael Sobola seeks the relief...10

The reasons why granting Michael Sobola’s request would be in the public interest.........12

The reasons why granting the exemption to Michael Sobola would not adversely

affect safety.............................................................................................................................14

Summary that can be published in the Federal Register.........................................................25

Any additional information, views, or arguments available to support Michael Sobola’s

request....................................................................................................................................25

Conclusion............................................................................................................................26

Appendices........................................................................................................27
3

GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFR Code of Federal Regulations

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
4

SUMMARY

Michael Sobola 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

MICHAEL SOBOLA to operate an Unmanned Aircraft System (UAS) for the commercial

purpose of conducting aerial video recording 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

Michael Sobola is a licensed Private Pilot (ASEL) (Certificate No. 3826278), and holds a 

current Third Class Airman Medical Certificate. He has logged more than 165 hours as PIC 

in the Cessna 172. He has also logged 45 hours of practice/instruction as PIC of the DJI 

Phantom 3 UAS.

For more than 25 years, Michael Sobola has provided his clients with expertise and knowledge

in video and multimedia production, marketing, public relations and training using advanced

technologies and solutions. Michael Sobola has worked on hundreds of productions over the

past 25 years in all types of locations with a perfect client and employee safety record. In the

past he has supplied his clients with aerial video and photography using commercial aircraft. The

objective of Michael Sobola and his Unmanned Aircraft System (DJI Phantom 3 Professional

and DJI Inspire) aerial operations is to provide a more affordable, high-quality production 

system for a variety of cinematographic and videographic uses, specifically targeting:

• Imaging for dramatic filmmaking and re-creations and related professional activities;

• Aerial video and/or photography for public and/or private events including television, 

cinematography, newsgathering and other related professional activities.

BACKGROUND

MICHAEL SOBOLA seeks an exemption to operate the DJI Phantom 3 and the DJI Inspire

systems for compensation or hire within the NAS. 

The DJI Phantom 3 is a vertical takeoff and landing Unmanned Aircraft with a Ground

Control Station utilizing an electronic tablet system. The DJI Phantom 3 has a maximum 

gross weight of approximately 2.8 lb., a diagonal dimension of 23.2”, a maximum ascent 

speed of 16.4 fps, and a maximum flying height of 400 ft. MSL (software-driven). It is equipped 

with four main rotors; driven by Lithium Polymer battery-powered electric motors.

The DJI Inspire is also a vertical takeoff and landing Unmanned Aircraft with a

Ground Control Station utilizing an electronic tablet system. The DJI Inspire model I has 

a maximum gross weight of approximately 6.5 lb., a diagonal dimension of 17.3”, a

maximum ascent speed of 16.4 fps, and a maximum flying height of 393.7 ft. MSL (softwarecontrolled). It is equipped with four main rotors; driven by Lithium Polymer battery-powered

electric motors.
5

The DJI Phantom 3 and the DJI Inspire to be operated by Michel Sobola 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, Michael Sobola, 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 and the DJI Inspire UAS 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 their operation, Michael Sobola’s operation of the DJI Phantom 3 UAS 

and the DJI Inspire UAS meet 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, Michael Sobola 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.

Michael Sobola submits that the requested relief is proper since an equivalent level of safety

will be ensured. Michael Sobola 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., the Monthly Maintenance Log, the 

Sobola Motion Picture and Television Flight Operations Manual, and the DJI Phantom 3 and 

DJI Inspire Instruction Manuals). Furthermore, Michael Sobola will document and maintain all

maintenance records for the DJI Phantom 3 UAS and the DJI Inspire UAS.

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

and Limitations: Pilot in Command, is requested by Michael Sobola 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 and the DJI 

Inspire UAS in a manner consistent with this exemption, including evasive and emergency 

maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

Michael Sobola seeks relief from Section 91.7(a), entitled Civil Aircraft Airworthiness, because

the DJI Phantom 3 UAS and the DJI Inspire UAS do not require an airworthiness certificate in 

accordance with 14 C.F.R. Part 21, Subpart H. As such, Michael Sobola submits that he will

ensure that the DJI Phantom 3 and the DJI Inspire are in an airworthy condition, prior to every 

flight, by determining that the UAS are in compliance with the operating documents (i.e., the

Monthly Maintenance Logs, the Sobola Motion Picture and Television Flight Operations Manual, 

and the DJI Phantom 3 & DJI Inspire Instruction Manuals), and that the aircraft are in a condition

for safe flight.
6

Michael Sobola also seeks an exemption from the requirements of Section 91.121, entitled

Altimeter Settings, as the DJI Phantom 3 UAS and the DJI Inspire UAS will not have a

typical barometric altimeter onboard. However, altitude information of the DJI Phantom 3 UAS 

and the DJI Inspire 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 Michael 

Sobola’s operation of the DJI Phantom 3 UAS and the DJI Inspire UAS within visual line of

sight, below 400 feet AGL, will ensure a level of safety equivalent to Section 91.121.

Additionally, Michael Sobola seeks an exemption from the requirements of Section

91.151(b), entitled Fuel requirements for flight in VFR conditions. Michael Sobola submits that

safety will not be affected by operation of the DJI Phantom 3 UAS and the DJI Inspire UAS

during daylight hours in visual meteorological conditions (VMC) under visual flight rules

(VFR), with enough battery power to fly the DJI Phantom 3 UAS for a total duration of

approximately 23 minutes, and enough battery power to fly the DJI Inspire UAS for a total

duration of approximately 18 minutes. Battery power indicators on the aircraft and the 

controllers 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.

In accordance with 14 C.F.R. § 11.81, Michael Sobola 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: 

Michael Sobola

Writer/Producer/Director

3241 6th Street South

Arlington, VA 22204

703-380-7325

mikesobola@verizon.net

www.mikesobola.com
7

B. The Specific Sections Of 14 C.F.R. From Which Michael Sobola Seeks Exemption.

1. Michael Sobola 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. Michael Sobola 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. Michael Sobola 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.
8

4. Michael Sobola 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. Michael Sobola 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. Michael Sobola 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. Michael Sobola Seeks Exemption From The Requirements Of Sections 91.409(a)(1) And

91.409(a)(2).

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

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

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

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

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

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

with part 21 of this chapter.
9

8. Michael Sobola Seeks Exemption From The Requirements Of Section 91.417(a) And

91.417(b).

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

following:

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

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

in paragraph (b) of this section:

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

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

inspections, as appropriate, for each aircraft (including the airframe) and each 

engine, propeller, rotor, and appliance of an aircraft. The records must include--

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

work performed; and

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

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

for return to service.

(2) Records containing the following information:

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

each rotor.

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

rotor, and appliance.

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

are required to be overhauled on a specified time basis.

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

last inspection required by the inspection program under which the aircraft 

and its appliances are maintained.

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

directives including, for each, the method of compliance, the AD or safety 

directive number and revision date. If the AD or safety directive involves 

recurring action, the time and date when the next action is required.

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

major alteration to the airframe and currently installed engines, rotors, 

propellers, and appliances.
10

(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 Michael Sobola Seeks And The Reason He Seeks The Relief.

1. Extent Of Relief Michael Sobola Seeks And The Reason Michael Sobola 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, Michael Sobola submits that an equivalent level of safety will be

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

UAS unless that PIC has met certain flight-hour and currency requirements with the aircraft,

demonstrating that the PIC is able to safely operate the DJI Phantom 3 UAS or the DJI Inspire

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, Michael Sobola submits that all flights of the DJI Phantom 3 UAS or the DJI Inspire

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

Michael Sobola’s business; and (2) will not carry passengers or property for compensation or 

hire.
11

2. Extent Of Relief Michael Sobola Seeks And The Reason Michael Sobola 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 Michael Sobola to determine that the DJI Phantom 3 UAS and 

the DJI Inspire UAS are in airworthy condition prior to every flight by ensuring that

the UAS are in compliance with the operating documents (i.e., the Monthly 

Maintenance Log, the Sobola Motion Picture and Television Flight Operations Manual, 

and the DJI Phantom 3 and DJI Inspire Instruction Manuals).

Michael Sobola seeks the requested relief because the DJI Phantom 3 UAS and the DJI 

Inspire UAS do not require an airworthiness certificate in accordance with 14 C.F.R.

Part 21, Subpart H. Therefore, Michael Sobola will ensure that the DJI Phantom 3 

UAS and the DJI Inspire UAS are in airworthy condition based upon their

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

Sobola Motion Picture and Television Flight Operations Manual, and the DJI Phantom 3

and DJI Inspire Instruction Manuals) 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 MICHAEL SOBOLA Seeks And The Reason MICHAEL 

SOBOLA 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 and the DJI Inspire UAS, which utilizes 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),

Michael Sobola seeks the requested relief because the DJI Phantom 3 UA’s and the DJI 

Inspire 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 and the DJI Inspire UAS are

both 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 Michael Sobola Seeks And The Reason Michael Sobola Seeks 

Relief From Section 91.151(b).

Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is 
12

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

3 UAS and the DJI Inspire UAS during daylight hours in visual meteorological

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

minutes (for the DJI Phantom 3) and 18 minutes (for the DJI Inspire). Michael Sobola

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 and the DJI 

Inspire UAS will severely constrain the practicality of any aerial video or still photo

flight operations that Michael Sobola proposes to conduct pursuant to this Petition.

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

and the DJI Inspire UAS, the DJI Phantom 3 and DJI Inspire operating documents, and

Michael Sobola’s proposed operating limitations, ensure that Michael Sobola will safely

operate the battery powered DJI Phantom 3 UAS and the DJI Inspire 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 (for the DJI 

Phantom 3) and a total duration of 18 minutes (for the DJI Inspire).

5. Extent Of Relief MICHAEL SOBOLA Seeks And The Reason MICHAEL SOBOLA

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, Michael Sobola requests relief from 

these Sections because the DJI Phantom 3 UAS and the DJI Inspire UASdo not

require airworthiness certificates. As set forth more fully below, the DJI Phantom 3 UAS

and the DJI Inspire UAS meet the conditions of FMRA Section 333 for operation

without an airworthiness certificate. Accordingly, Michael Sobola 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 Monthly Maintenance Log, the Sobola Motion Picture and 

Television Flight Operations Manual, and the DJI Phantom 3 and DJI Inspire

Instruction Manuals). Furthermore, Michael Sobola will document and maintain all

maintenance records for the DJI Phantom 3 UAS and the DJI Inspire UAS.

D. The Reasons Why Granting Michael Sobola’s 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 Michael Sobola

to safely, efficiently, and economically perform aerial video, cinematography and

photography over certain areas of the United States. Additionally, use of the DJI

Phantom 3 UAS and/or the DJI Inspire UAS will decrease congestion of the NAS,

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

of Michael Sobola’s proposed operation of the DJI Phantom 3 UAS and the DJI Inspire

will be realized without implicating any privacy issues.
13

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

The DJI Phantom 3 UAS and the DJI Inspire UAS are both batterypowered and serve as safe, efficient, and economical alternatives 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 and the DJI Inspire 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 and the DJI Inspire UAS do not require an airport to takeoff

or land. Likewise, a reduction of manned aircraft conducting aerial video, 

cinematography 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 and the DJI Inspire UAS.

Conducting aerial acquisitions with the DJI Phantom 3 UAS and the DJI Inspire 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 and the DJI Inspire UAS produce no air pollution, and are 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 and the DJI Inspire UAS, while reducing the carbon footprint of aerial

acquisitions, also eliminate 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 and the DJI Inspire 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

its’ maximum gross weight with diagonal dimension of 23.2 inches, and with no fuel

on board), and the DJI Inspire UAS (weighing approximately 6.5 pounds with a 

diagonal dimension of 17.3 inches and with no fuel on board) have 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).
14

3. Performing Aerial Video, Cinematorgaphy and Photography Operations with

The DJI Phantom 3 UAS and the DJI Inspire UAS Will Benefit The Economy.

In addition to being safe and efficient, the DJI Phantom 3 UAS is also an 

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

such, operation of the DJI Phantom 3 UAS and the DJI Inspire UAS will allow

United States-based entities, like Michael Sobola, 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 entities must adopt new and alternative

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

Phantom 3 UAS and the DJI Inspire UAS is one such technology that not only

allows entities 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 and the DJI Inspire UAS, entities such as

Michael Sobola can remain competitive and profitable, and provide more opportunities 

for sub-contractors, which will ultimately contribute to growth of the U.S. economy.

4. There Are No Privacy Issues.

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

decades, Michael Sobola’s proposed operation of the DJI Phantom 3 UAS and the 

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

UAS and the DJI Inspire UAS will be operated only in compliance with operating

documents (i.e., Monthly Maintenance Log, the Motion Picture & Television Flight 

Operations Manual, the DJI Phantom 3 Instruction Manual and the DJI Inspire

UAS Instruction Manual) which requires property owner involvement as well as local

law enforcement notification, and in accordance with the Federal Aviation

Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119.

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

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

To That Provided By The Rule From Which Michael Sobola Seeks Exemption.

1. Reasons Why The DJI Phantom 3 UAS and The DJI Inspire 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, Michael Sobola’s operation of the DJI Phantom 3 

UAS and the DJI Inspire 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
15

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, Michael Sobola submits that the DJI Phantom 3 UAS and the 

DJI Inspire UAS can operate safely in the NAS pursuant to FMRA Section 333, as

demonstrated by: (a) the characteristics of the DJI Phantom 3 UAS and the DJI 

Inspire UAS; (b) the pilot certification requirement; and (c) the specific operating

limitations.

a. The Specifications Of The DJI Phantom 3 UAS and the DJI Inspire UAS

Demonstrate Their Safe Characteristics.

The DJI Phantom 3 UAS and the DJI Inspire UAS do not create a hazard to users of

the NAS or the public, or otherwise pose a threat to national security considering their

size, weight, speed, and operational capability.

i. Technical Specifications Of The DJI Phantom 3 UAS and the DJI Inspire UAS.

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

forth by the respective User Manuals, the pertinent sections of which is attached hereto as

Appendix A (Phantom 3) and Appendix B (Inspire 1).
16

ii. The DJI Phantom 3 UAS and the DJI Inspire UAS Global Positioning

Modes Enable The UAS To Remain Within A Defined Operational Area.

The DJI Phantom 3 UAS and the DJI Inspire UAS may be operated in both manual

and global positioning flight modes. The Sobola Motion Picture and Television Flight 

Operations Manual specifically prohibits the use of the manual operation mode except under 

emergency situations. 

iii. The DJI Phantom 3 and the DJI Inspire UAS 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 and the DJI Inspire UAS will

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

not re-acquire control link data from the Ground Control System (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.

b. Flight Operations Of the DJI Phantom 3 UAS and the DJI Inspire UAS are 

Limited To The Line Of Sight Of A Certificated Pilot in Command.

Only Michael Sobola or those holding a Sport Pilot or higher license with current 

Third-Class Airman Medical Certificate will be acting as a pilot in command (PIC) of

the DJI Phantom 3 UAS and the DJI Inspire UAS.

c. Flights Of the DJI Phantom 3 UAS and the DJI Inspire UAS Will Be

Conducted Pursuant To Specific Operating Limitations.

In seeking this exemption, Michael Sobola proposes to commercially operate the DJI 

Phantom 3 UAS and the DJI Inspire UAS for the special purpose of conducting aerial

video, cinematography 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: the DJI 

Phantom 3 Unmanned Aircraft System and the DJI Inspire Unmanned 

Aircraft System. 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, cinematography and photography.

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

4. The UAS must be operated at an altitude of no more than 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.
17

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

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

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

FAA-issued airman medical certificate.

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

not permitted.

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

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

capability. The SO and PIC must be able to communicate verbally at all times.

Electronic messaging or texting is not permitted during flight operations. The

PIC must be designated before the flight and cannot transfer his or her

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

perform the functions prescribed in the operating documents.

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

seeing and avoiding other air traffic and other ground based

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

instruments.

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

during UAS operations and made available to the Administrator upon 

request. If a discrepancy exists between the conditions and limitations

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

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

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

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

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

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

Administrator upon request. The operator must also present updated and

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

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

affect the basis upon which the FAA granted the exemption, then the operator

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

Integration Office (AFS-80) may be contacted if questions arise regarding 

updates or revisions to the operating documents.

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

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

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

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

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

preflight inspection. All maintenance alterations must be properly

documented in the aircraft records.
18

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 Sport Pilot Certificate and at least a current

third- class medical certificate.

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

operator’s qualification criteria and demonstrates the ability to safely

operate the UAS in a manner consistent with how the UAS will be operated

under the exemption, including evasive and emergency maneuvers and

maintaining appropriate distances from persons, vessels, vehicles and

structures. PIC qualification flight hours must be logged in a manner consistent

with 14 C.F.R. § 61.51(b). Flights for the purposes of training the operator’s 

PICs are permitted under the terms of the exemption. However, training

operations may only be conducted during dedicated training sessions. During 

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

for flight operations are considered nonparticipants, and the PIC must 

operate the UA with appropriate distance from nonparticipants in accordance

with 14 C.F.R. § 91.119.

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

§ 1.1. All operations must be conducted under visual meteorological conditions

(VMC). If flight at night is required, a special request will be made at the FAA
19

office closest to proposed area of operations. Flights under special visual flight

rules (SVFR) are not authorized.

20. The UAS 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 UAS 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 UAS 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 UAS with 20% 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 when flying the UAV above 200 feet 

AGL. 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 UAS must comply with the Federal

Communications Commission (FCC) or other appropriate government

oversight agency requirements.

28. The documents required for 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 
20

Administrator or any law enforcement official upon request.

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

aviation operations and activities at all times.

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

vehicle.

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

nonparticipating persons (persons other than the PIC, SO, operator trainees or

essential persons), vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating 

persons from the UAS 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 UAS, 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.

Michael Sobola 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 or the DJI Inspire 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 or the DJI Inspire UAS in a manner 

consistent with the exemption, including evasive and emergency maneuvers and

maintaining appropriate distances from people, vessels, vehicles and structures.
21

Considering Michael Sobola’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 and the DJI 

Inspire UAS, Michael Sobola submits that the additional manned airmanship 

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

skills necessary for Michael Sobola’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).

Michael Sobola will not allow any PIC to operate the DJI Phantom 3 UAS or the DJI 

Inspire UAS unless that PIC has demonstrated, by meeting minimum flight-hour

requirements for the respective aircraft’s training and currency requirements, that the PIC

is able to safely operate the respective aircraft 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 Michael Sobola’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
22

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 experiencebuilding 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.

Accordingly, Michael Sobola will ensure safe operations by not allowing any PIC to

operate the DJI Phantom 3 UAS or the DJI Inspire UAS unless that PIC has

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

is able to safely operate the respective 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, Michael Sobola will ensure that the DJI Phantom 3 UAS and the 

DJI Inspire 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 and the DJI Inspire 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 Michael Sobola’s operation of the DJI

Phantom 3 UAS and the DJI Inspire UAS within visual line of sight, at or below 400

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).
23

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 and the DJI Inspire UAS; (2) the limitations on the proposed flight

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

Sobola will ensure that he will safely operate the battery powered DJI Phantom 3 UAS

and the DJI Inspire UAS during daylight hours in VFR conditions, with enough 

battery power to fly for a total duration of 23 minutes (Phantom 3) or 18 minutes (Inspire I).

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

UAS (and by extension the DJI Inspire 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 and the DJI Inspire 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 and DJI Inspire 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, Michael Sobola 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 Michael Sobola 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., Monthly Maintenance Log, The 

Sobola Motion Picture and Television Flight Operations Manual, the DJI Phantom

3 Instruction Manual and the DJI Inspire UAS Instruction Manual). Furthermore,

Michael Sobola will document and maintain all maintenance records for his DJI

Phantom 3 UAS and DJI Inspire UAS.

Since the DJI Phantom 3 UAS and the DJI Inspire UAS will be inspected as
24

prescribed by the operating documents, Michael Sobola will maintain the equivalent

level of safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). The 

pertinent sections of the DJI Phantom 3 UAS and the DJI Inspire UAS User

Manuals are attached hereto as Appendix A (Phantom 3) and Appendix B (Inspire I). A 

copy of the Sobola Motion Picture and Television Flight Operations Manual is 

included as a proprietary document submitted via separate email. A copy of the 

Monthly Maintenance Log is attached hereto as Appendix C.

Likewise, the exemption sought will not adversely affect safety because Michael Sobola

will use trained technicians to perform maintenance, alterations or preventive 

maintenance on his 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 and the DJI Inspire 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 Michael Sobola’s proposed operating limitations, the operating 

documents, and the technical aspects of the DJI Phantom 3 UAS and the DJI Inspire

UAS, Michael Sobola 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, Michael Sobola requests

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

Phantom 3 UAS and the DJI Inspire 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, cinematography 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
25

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 and the DJI Inspire 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 Michael Sobola’s intended operation of the

DJI Phantom 3 UAS and the DJI Inspire 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 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 Michael Sobola Seeks Exemption:

Michael Sobola 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 Michael Sobola Seeks:

This exemption will permit Michael Sobola to commercially operate an 

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

cinematography and photography over certain areas of the United States.

• Any Additional Information, Views, Or Arguments Available To

Support Michael Sobola’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, Michael Sobola’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.
26

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, Michael Sobola will operate his DJI Phantom 3

UAS and the DJI Inspire 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. 

Michael Sobola is a licensed Private Pilot (ASEL) (Certificate No. 3826278), and holds a 

current Third Class Airman Medical Certificate. He has logged more than 165 hours as 

PIC in the Cessna 172. He has also logged 45 hours of practice/instruction as PIC of the 

DJI Phantom 3 UAS.

CONCLUSION

As set forth herein, Michael Sobola 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 and the DJI Inspire UAS

commercially, without an airworthiness certificate, for the limited purpose of conducting

aerial video, cinematography 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 Michael Sobola to safely, efficiently, and

economically operate the DJI Phantom 3 UAS and the DJI Inspire UAS commercially

within the NAS.

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

Modernization and Reform Act of 2012, Section 333, Michael Sobola 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 Michael Sobola to

operate the DJI Phantom 3 UAS and the DJI Inspire UAS commercially for the

purpose of conducting aerial video, cinematography and photography over certain areas

of the United States.

Dated: November 23, 2015

Respectfully submitted,

Michael Sobola, Writer/Producer/Director

3241 6th Street South, Arlington, VA 22204

703-380-7325

mikesobola@verizon.net
27

Appendices:

A –DJI Phantom 3 Manual (Pertinent Sections Only) 

Entire manual available here:

https://dl.djicdn.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual__

V1.6.pdf

B—DJI Inspire Manual (Pertinent Sections Only)

Entire manual available here:

https://dl.djicdn.com/downloads/inspire_1/en/Inspire%20_1_User_Manual__V1.8.pdf

C—Sobola UAV Maintenance Log

Note: The Sobola Motion Picture and Television Flight Operations Manual is a 

proprietary document and will be sent via email per FAA proprietary document filing 

instructions.
Appendix A-(Four Pages) 

PHANTOM 3(Professional)

Specifications



Appendix B-(Five Pages)

INSPIRE 1 Specifications




Sobola Appendix C-Daily Maintenance Log UAV Maintenance Log

 Aircraft No.___________________________

Page 1

Part

Description of 

Maintenance

Date 

Requested

Date 

Completed Technician Test Flight: Date/Results/Recommendations/Notes

Software

Airframe

Engines

Propellers

Camera

Gimbel

Landing Gear

Vibration 

Dampening

Other