UNITED	STATES	OF	AMERICA

	DEPARTMENT	OF	TRANSPORTATION

FEDERAL	AVIATION	ADMINISTRATION

	WASHINGTON,	DC

Regulatory	Docket	No.	_______________

IN	THE	MATTER	OF	THE	PETITION	FOR	EXEMPTION	OF:

ALEXANDER	BRYAN	dba.	BALANCED	WINGS

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	AND	DJI	INSPIRE	1	

UNMANNED	AIRCRAFT	SYSTEMS	PURSUANT	TO	SECTION	333	OF	THE	FAA	

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

Submitted	on	March	5,	2016

ALEXANDER	BRYAN	dba.	BALANCED	WINGS

3316	NE	TILLAMOOK	STREET

PORTLAND,	OR	97212
TABLE	OF	CONTENTS

Page	

GLOSSARY	OF	

ABBREVIATIONS....................................................................................................................................3	

SUMMARY................................................................................................................................................	4	I

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

BACKGROUND.........................................................................................................................................5	

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

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

THE	SPECIFIC	SECTIONS	OF	14	C.F.R.	FROM	WHICH

ALEXANDER	BRYAN	dba.	BALANCED	WINGS	SEEKS	EXEMPTION.................7	

THE	EXTENT	OF	RELIEF	ALEXANDER	BRYAN	dba.	BALANCED	

WINGS SEEKS	AND	THE	REASON	ALEXANDER	BRYAN	dba.	

BALANCED	WINGS	SEEKS	THE	RELIEF.......................................................................9	

THE	REASONS	WHY	GRANTING	ALEXANDER	BRYAN	dba.

BALANCED	WINGS REQUEST	WOULD	BE	IN	THE	PUBLIC	INTEREST........10	

THE	REASONS	WHY	GRANTING	THE	EXEMPTION	WOULD	NOT

ADVERSELY	AFFECT	SAFETY..........................................................................................12	

CONCLUSION..........................................................................................................................................19	
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	Sight

VMC	 Visual	Meteorological	Conditions

VTOL	 Vertical	Take	off	and	Landing

DJI	 UAV	manufacturer

ESC	 Electronic	Speed	Controller

FPV	 First	Person	View

LI-PO	 Lithium	Polymer	Battery

RCV	 Radio	Controlled	Vehicle
SUMMARY

ALEXANDER	BRYAN	dba.	BALANCED	WINGS	hereafter	referred	to	as	BALANCED	

WINGS	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	

BALANCED	WINGS	to	operate	an	Unmanned	Aircraft	System	(UAS)	for	the	

commercial	purpose	of	conducting	aerial	video	and	photography	for	marketing,	film	

sets,	real	estate	photography,	commercials,	special	events,	wedding	

cinematography,	and	landscape	over	certain	areas	of	the	United	States.	

INTRODUCTION	AND	INTERESTS	OF	THE	PETITIONER

BALANCED	WINGS is	a	digital	media	company	that	has	an	expertise	and	knowledge	

in	aspects	of	building	programming	and	operating	multiple	types	of	UAS's	along	

with	camera	set	up	and	operation. BALANCED	WINGS	also	provides	clients	with	the	

highest	quality	digital	content	for	use	in	their	commercial,	personal,	and	non-profit	

multimedia	projects.	BALANCED	WINGS has	4	years	of	RCV	experience.

The	objective	of	BALANCED	WINGS aerial	video	and	photography	operations	is	to	

provide	high	quality	imaging	for	a	variety	of	commercial,	public,	and	residential	

uses,	along	with	test	repaired	drones	for	clients	in	a	safe	testing	location	away	from	

all	obstacles	and	people	at	all	times.	BALANCED	WINGS will	also	provide	knowledge	

of	UAS	and	promote	safe	UAS	operations.	
BACKGROUND

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

BALANCED	WINGS seeks	an	exemption	to	operate	DJI	systems	for	compensation	or	

hire	within	the	NAS.	The	DJI	Phantom	3	and	DJI	Inspire	1	are	vertical	takeoff	and	

landing	(VTOL)	Unmanned	Aircraft	(UA)	with	a	Ground	Control	Station	(GCS)	

utilizing	electronic	tablet	or	smart	phone	systems.	The	DJI	Phantom	3	has	a	

maximum	gross	weight	of	approximately	2	pounds	14	ounces,	while	having	a	length	

of	16	inches	width	of	16	inches,	height	of	8	inches,	and	a	maximum	speed	of	

approximately	29	knots.	The	DJI	Inspire	1	has	a	maximum	gross	weight	of	6	pounds	

7.5	ounces,	a	length	of	17.3	inches,	width	of	17.7	inches,	height	of	11.8	inches,	and	a	

maximum	speed	of	approximately	42	knots.	The	DJI	Phantom	3	and	DJI	Inspire	1UAs	

are	equipped	with	four	main	rotors;	driven	by	Lithium	Polymer	battery	powered	

electric	motors.

The	DJI	Phantom	3	and	DJI	Inspire	1	UAS	that	will	be	operated	by	BALANCED	

WINGS	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	Markings.	

BASIS	FOR	PETITION

Petitioner,	BALANCED	WINGS,	pursuant	to	the	provisions	of	the	Federal	Aviation	

Regulations	(14	C.F.R.	§	11.61)	and	the	FAA	Modernization	and	Reform	Act	of	2012	

(FMRA),	Section	333,	Special	Rules	for	Certain	Unmanned	Aircraft	Systems,	hereby	

petitions	the	Administrator	to	commercially	operate	the	DJI	Phantom	3,	DJI	Inspire	

1	UASs	in	the	National	Airspace	System	(NAS),	and	for	an	exemption	from	the	

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

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

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

with	the	unmanned	aircraft	and	its	operation,	BALANCED	WINGS operation	of	DJI	

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

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

Part	21,	Subpart	H.	

Accordingly,	BALANCED	WINGS 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.	

BALANCED	WINGS submits	that	the	requested	relief	is	proper	since	an	equivalent	

level	of	safety	will	be	ensured.	BALANCED	WINGS 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	and	DJI	Inspire	1	

Instruction	Manual).	Furthermore,	BALANCED	WINGS will	document	and	maintain	

all	maintenance	records	for	the	DJI	Phantom	3	and	DJI	Inspire	1	UASs.	

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

privileges	and	limitations:	Pilot	in	command,	is	requested	by	BALANCED	WINGS 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	and	DJI	Inspire	1	UASs	in	a	

manner	consistent	with	this	exemption,	including	evasive	and	emergency	

maneuvers	and	maintaining	appropriate	distances	from	people,	vessels,	vehicles	

and	structures.	

BALANCED	WINGS seeks	relief	from	Section	91.7(a),	entitled	Civil	aircraft	

airworthiness,	because	the	DJI	Phantom	3	and	DJI	Inspire	1	UASs	do	not	require	an	

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

BALANCED	WINGS submits	that	he	will	ensure	that	the	DJI	Phantom	3	and	DJI	

Inspire	1UASs	are	in	an	airworthy	condition,	prior	to	every	flight,	by	determining	

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

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

the	aircraft	are	in	a	condition	for	safe	flight.	

BALANCED	WINGS also	seeks	an	exemption	from	the	requirements	of	Section	

91.121,	entitled	Altimeter	Settings,	as	the	DJI	Phantom	3	and	DJI	Inspire	1	UAs	will	

not	have	a	typical	barometric	altimeter	onboard.	However,	altitude	information	of	

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

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

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

This	altitude	information,	combined	with	BALANCED	WINGS operation	of	the	DJI	

Phantom	3	and	DJI	Inspire	1	UASs	within	visual	line	of	sight,	at	or	below	400	feet	

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

Additionally,	BALANCED	WINGS seeks	an	exemption	from	the	requirements	of	

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

BALANCED	WINGS submits	that	safety	will	not	be	affected	by	operation	of	the	DJI	

Phantom	3	and	DJI	Inspire	1	UAs	during	daylight	hours	in	visual	meteorological	

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

for	a	total	duration	of	approximately	15.5	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,	BALANCED	WINGS 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:	

ALEXANDER	BRYAN	dba.	BALANCED	WINGS

3316	NE	TILLAMOOK	STREET

PORTLAND,	OR	97212

Email:	alexbryan87@gmail.com

B.	The	Specific	Sections	Of	14	C.F.R.	from	Which	BALANCED	WINGS	Seeks	

Exemption.	

1. BALANCED	WINGS	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:	

1. 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.	

2. A	private	pilot	may,	for	compensation	or	hire,	act	as	PIC	of	an	aircraft	

in	connection	with	any	business	or	employment	if—

i. The	flight	is	only	incidental	to	that	business	or	employment;	

and	

ii. The	aircraft	does	not	carry	passengers	or	property	for	

compensation	or	hire.	

2. BALANCED	WINGS	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. BALANCED	WINGS	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--

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;	
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. BALANCED	WINGS	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. BALANCED	WINGS	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. BALANCED	WINGS	Seeks	Exemption	From	The	Requirements	Of	Section	

91.407(a)	

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. BALANCED	WINGS	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.	BALANCED	WINGS	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:	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.	

Records	containing	the	following	information:

1.	The	total	time	in	service	of	the	airframe,	each	engine,	each	

propeller,	 and	each	rotor.	

2.	The	current	status	of	life-limited	parts	of	each	airframe,	engine,	

propeller,	rotor,	and	appliance.	

3.	The	time	since	last	overhaul	of	all	items	installed	on	the	aircraft	

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

4.	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.	

5.	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.	

6.	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.	

2. The	owner	or	operator	shall	retain	the	following	records	for	the	periods	

prescribed:	

	. 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.	

i. 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.	

ii. 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	BALANCED	WINGS	Seeks	And	The	Reason	BALANCED	

WINGS	Seeks	The	Relief.	

1. Extent	Of	Relief	BALANCED	WINGS	Seeks	And	The	Reason	BALANCED	

WINGS	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,	BALANCED	WINGS submits	that	an	equivalent	

level	of	safety	will	be	maintained	because	no	PIC	will	be	allowed	to	operate	

the	DJI	Phantom	3	UAS	or	DJI	Inspire	1	UAS	unless	that	PIC	has	met	certain	

flight-hour	and	currency	requirements,	demonstrating	that	the	PIC	is	able	to	

safely	operate	either	the	DJI	Phantom	3	or	DJI	Inspire	1	UAS	in	a	manner	

consistent	with	the	operations	specifications	as	described	in	this	exemption,	

including	evasive	and	emergency	maneuvers,	as	well	as	maintaining	

appropriate	distances	from	people,	vessels,	vehicles	and	structures.	

Further,	BALANCED	WINGS submits	that	all	flights	of	the	DJI	Phantom	3	and	

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

Petition:	(1)	will	be	incidental	to	BALANCED	WINGS business;	and	(2)	will	

not	carry	passengers	or	property	for	compensation	or	hire.	

2. Extent	Of	Relief	BALANCED	WINGS	Seeks	And	The	Reason	BALANCED	

WINGS	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	BALANCED	WINGS to	determine	that	the	DJI	

Phantom	3	and	DJI	Inspire	1	UASs	are	in	airworthy	condition	prior	to	every	

flight	by	ensuring	that	the	UAS	is	in	compliance	with	the	operating	

documents	(i.e.,	BALANCED	WINGS Aerial	Operations	Manual,	Monthly	

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

BALANCED	WINGS seeks	the	requested	relief	because	the	DJI	Phantom	3	and	

DJI	Inspire	1	UASs	do	not	require	an	airworthiness	certificate	in	accordance	

with	14	C.F.R.	Part	21,	Subpart	H.	Therefore, BALANCED	WINGS will	ensure	

that	the	DJI	Phantom	3	and	DJI	Inspire	1	UASs	are	in	airworthy	condition	

based	upon	its	compliance	with	the	operating	documents	(i.e.,	Monthly	

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

prior	to	every	flight,	and	further,	determine	that	the	aircraft	are	in	condition	

for	safe	flight,	as	stated	in	the	conditions	and	limitations	below.	

3. Extent	Of	Relief	BALANCED	WINGS	Seeks	And	The	Reason	BALANCED	

WINGS	Seeks	Relief	From	Section	91.121.

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

allow	flight	operations	of	the	DJI	Phantom	3	and	DJI	Inspire	1	UASs,	which	

utilize	a	barometric	pressure	sensor,	GPS	equipment,	and	a	radio	

communications	telemetry	data	link	to	downlink	altitude	information	from	

the	UA	to	the	PIC	at	the	ground	control	station	(GCS).	Since	the	FAA	requires	
that	any	altitude	information	concerning	UAS	operations	be	reported	to	air	

traffic	control	(ATC)	in	feet	above	ground	level	(AGL),	BALANCED	WINGS

seeks	the	requested	relief	because	the	DJI	Phantom	3	and	DJI	Inspire	1	UA’s	

altimeter	may	be	set	on	the	ground	to	zero	feet	AGL,	rather	than	the	local	

barometric	pressure	or	field	altitude,	before	each	flight.	Considering	the	

limited	altitude	of	the	proposed	operations,	relief	from	14	CFR	91.121	is	

sought	to	the	extent	necessary	to	comply	with	the	applicable	conditions	and	

limitations	stated	below.	As	more	fully	set	forth	herein,	an	equivalent	level	of	

safety	will	be	maintained	since	the	DJI	Phantom	3	and	DJI	Inspire	1	UAs	are	

equipped	with	a	barometric	pressure	sensor	and	GPS	equipment,	which	

automatically	ensures	that	a	ground	level	pressure	setting	will	be	established	

prior	to	each	flight,	and	provides	the	PIC	with	altitude	information	of	the	UA	

on	the	heads-up	display	of	the	GCS.	

4. Extent	Of	Relief	BALANCED	WINGS	Seeks	And	The	Reason	BALANCED	

WINGS	Seeks	Relief	From	Section	91.151(b).

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

conditions,	is	requested	to	the	extent	required	to	allow	flights	of	the	battery	

powered	DJI	Phantom	3	and	DJI	Inspire	1	UAs	during	daylight	hours	in	visual	

meteorological	conditions	(VMC),	under	visual	flight	rules	(VFR),	for	a	total	

duration	of	15.5	minutes	to	the	first	point	of	intended	landing	and,	assuming	

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

WINGS	seeks	the	requested	relief	because	without	an	exemption	from	

Section	91.151(b),	the	flight	time	duration	of	the	battery	powered	DJI	

Phantom	3	and	DJI	Inspire	1	UAs	will	severely	constrain	the	practicality	of	

any	aerial	video	or	still	photo	flight	operations	that	BALANCED	WINGS

proposes	to	conduct	pursuant	to	this	Petition.	

Significantly,	as	set	forth	below,	the	technical	specifications	of	the	DJI	

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

operating	documents,	and	BALANCED	WINGS proposed	operating	

limitations,	ensure	that	BALANCED	WINGS will	safely	operate	the	battery	

powered	DJI	Phantom	3	and	DJI	Inspire	1	UAs	during	daylight	hours	in	visual	

meteorological	conditions	(VMC),	under	visual	flight	rules	(VFR),	with	

enough	battery	power	to	fly	for	a	total	duration	of	13.5	minutes	to	the	first	

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

that	for	at	least	4.5	minutes.	

5. Extent	Of	Relief	BALANCED	WINGS	Seeks	And	The	Reason	BALANCED	

WINGS	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,	BALANCED	

WINGS	requests	relief	from	these	Sections	because	the	DJI	Phantom	3	and	DJI	

Inspire	1	UASs	do	not	require	airworthiness	certificates.	As	set	forth	more	

fully	below,	the	DJI	Phantom	3	and	DJI	Inspire	1	UASs	meet	the	conditions	of	

FMRA	Section	333	for	operation	without	an	airworthiness	certificate.	

Accordingly,	BALANCED	WINGS	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.,	BALANCED	WINGS	Aerial	Operations	Manual,	Monthly	

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

Furthermore,	BALANCED	WINGS	will	document	and	maintain	all	

maintenance	records	for	the	DJI	Phantom	3	and	DJI	Inspire	1	UASs.	

D.	The	Reasons	Why	Granting	BALANCED	WINGS	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	BALANCED	

WINGS	to	safely,	efficiently,	and	economically	perform	aerial	video	and	photography	

of	construction	sites,	real	estate,	and	landscape	over	certain	areas	of	the	United	

States.	

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

congestion	of	the	NAS,	reduce	pollution,	crashes	and	accidents	caused	by	pilot	error	

and	provide	significant	benefits	to	the	economy.	Notably,	the	benefits	of	BALANCED	

WINGS	proposed	operation	of	the	DJI	Phantom	3	and	DJI	Inspire	1	UASs	will	be	

realized	without	implicating	any	privacy	issues.	

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

The	DJI	Phantom	3	and	DJI	Inspire	1	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	or	DJI	Inspire	1	UAS	would	reduce	the	amount	of	manned	aircraft	

in	the	NAS,	reduce	noise	and	air	pollution,	as	well	as	increase	the	safety	of	life	

and	property	in	the	air	and	on	the	ground.

Furthermore,	by	reducing	the	number	of	manned	aircraft	operating	in	the	

NAS,	congestion	around	airports	caused	by	arriving	and	departing	aircraft	

will	be	reduced.	The	DJI	Phantom	3	and	DJI	Inspire	1	UAs	do	not	require	an	

airport	to	takeoff	or	land.	Likewise,	a	reduction	of	manned	aircraft	

conducting	aerial	video	and	photography	missions	would	result	in	fewer	

aircraft	that	must	be	handled	by	air	traffic	control	during	the	ground,	takeoff,	

departure,	arrival,	and	landing	phases	of	flight	operations.	

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

Phantom	3	and	DJI	Inspire	1	UASs.

Conducting	aerial	acquisitions	with	the	DJI	Phantom	3	and	DJI	Inspire	1	

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	and	DJI	Inspire	1	UASs	produce	no	air	

pollution,	and	is	the	most	viable	environmentally	conscious	alternative	to	the	

cabin	class,	six	cylinder	internal	combustion	engine	aircraft	that	are	typically	

utilized	for	aerial	video	and	photography,	while	burning	approximately	20-

30	gallons	per	hour	of	leaded	aviation	fuel.	The	DJI	Phantom	3	and	DJI	Inspire	

1	UAs,	while	reducing	the	carbon	footprint	of	aerial	acquisitions,	also	
eliminates	noise	pollution,	as	the	UAs	are	propelled	by	battery	powered	

electric	motors,	rather	than	an	internal	combustion	engine.	

By	using	the	DJI	Phantom	3	and	DJI	Inspire	1	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	and	DJI	Inspire	1	UAs	(weighing	approximately	2	pounds	14	

ounces	and	6	pounds	7.5	ounces	respectively,	at	their	maximum	gross	

weights	with	lengths	of	16	inches	and	17.3	inches	respectively,	widths	of	16	

inches	and	17.7	inches	respectively,	and	with	no	fuel	on	board),	has	less	

physical	potential	for	collateral	damage	to	life	and	property	on	the	ground,	

and	in	the	air,	compared	to	the	manned	aircraft	that	typically	conduct	similar	

operations	(weighing	approximately	6,000	pounds	with	a	wingspan	of	

approximately	42	feet,	a	length	of	34	feet,	and	a	fuel	capacity	of	180	gallons).	

3. Performing	Aerial	Video	and	Photography	Operations	With	The	DJI	

Phantom	3	and	DJI	Inspire	1	UASs	Will	Benefit	The	Economy.

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

UASs	are	also	an	economical	alternative	to	using	manned	aircraft	to	conduct	

similar	aerial	operations.	As	such,	operation	of	the	DJI	Phantom	3	and	DJI	

Inspire	1	UASs	will	allow	United	States	based	companies,	like	Fiquett	Drones,	

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

Specifically,	with	the	rising	cost	of	aviation	fuel	and	the	Environmental	

Protection	Agency	(“EPA”)	regulatory	actions	phasing	out	leaded	aviation	

fuels,	U.S.	owned	and	operated	companies	must	adopt	new	and	alternative	

technology	in	order	to	remain	competitive.	Operating	the	battery	powered	

DJI	Phantom	3	and	DJI	Inspire	1	UASs	is	one	such	technology	that	not	only	

allows	companies	greater	operational	flexibility	compared	to	manned	

aircraft,	but	provides	such	flexibility	without	the	high	operational	cost	of	a	

traditional	manned	aircraft.	By	operating	the	DJI	Phantom	3	and	DJI	Inspire	1	

UASs,	companies	such	as	Fiquett	Drones,	can	remain	competitive	and	

profitable,	and	therefore,	provide	greater	job	stability	to	employees	and	

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

Improved	financial	performance	of	U.S.	companies,	through	commercial	use	

of	the	DJI	Phantom	3	and	DJI	Inspire	1	UASs,	provides	a	stable	workforce	that	

increases	consumer	spending;	improves	local,	state,	and	federal	tax	

revenues;	and	allows	companies	to	invest	in	research	and	development	in	

order	to	remain	competitive	both	in	the	United	States	and	abroad.	

4.	There	Are	No	Privacy	Issues.	

Similar	to	the	manned	aerial	acquisition	flight	operations	that	have	been	

conducted	for	decades,	BALANCED	WINGS	proposed	operation	of	the	DJI	

Phantom	3	and	DJI	Inspire	1	UASs	would	not	implicate	any	privacy	issues.	

Specifically,	the	DJI	Phantom	3	and	DJI	Inspire	1	UASs	will	be	operated	only	

in	compliance	with	operating	documents	(i.e.,	BALANCED	WINGS	Aerial	

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

Inspire	1	Instruction	Manual)	which	requires	property	owner	involvement	as	
well	as	local	law	enforcement	notification,	and	in	accordance	with	the	

Federal	Aviation	Regulations,	including	the	minimum	altitude	requirements	

of	14	C.F.R.	§	91.119.	

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

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

To	That	Provided	By	The	Rule	From	Which	BALANCED	WINGS	Seeks	

Exemption.	

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

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

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

with	the	unmanned	aircraft	and	its	operation,	BALANCED	WINGS	operation	of	the	

DJI	Phantom	3	and	DJI	Inspire	1	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—

i. 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	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,	BALANCED	WINGS	submits	that	the	DJI	Phantom	

3	and	DJI	Inspire	1	UASs	can	operate	safely	in	the	NAS	pursuant	to	FMRA	

Section	333,	as	demonstrated	by:	(a)	the	characteristics	of	the	DJI	Phantom	3	

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

specific	operating	limitations.	
i. The	Specifications	Of	The	DJI	Phantom	3	and	DJI	Inspire	1	

UASs	Demonstrate	Its	Safe	Characteristics.

The	DJI	Phantom	3	and	DJI	Inspire	1	UASs	do	not	create	a	hazard	

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

national	security	considering	its	size,	weight,	speed,	and	

operational	capability.	

ii. Technical	Specifications	Of	The	DJI	Phantom	3	and	DJI	Inspire	

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

Data	Sheet,	attached	hereto	as	Appendix	A	and	B,	set	the	technical	

specifications	of	the	DJI	Phantom	3	and	DJI	Inspire	1	UASs	forth.	

iii. The	DJI	Phantom	3	and	DJI	Inspire	1	UASs	Autonomous	Flight	

And	Navigation	Modes	Enable	The	UASs	To	Remain	Within	A	

Defined	Operational	Area.

The	DJI	Phantom	3	and	DJI	Inspire	1	UASs	may	be	operated	in	both	

manual	and	fully	autonomous	flight	modes.	A	complete	

description	of	the	flight	and	navigational	modes	of	the	DJI	

Phantom	3	and	DJI	Inspire	1	UASs	is	provided	at	pages	25-35	of	

the	DJI	Phantom	3	and	pages	12-16	and	45-50	of	the	DJI	Inspire	1	

User	Manuals,	attached	hereto	as	Exhibit	C	and	D.	

iv. The	DJI	Phantom	3	and	DJI	Inspire	1	UASs	Are	Designed	For	

Automatic	Return	To	Home	Point	Or	Hover	In	The	Event	Of	

Loss	Of	The	Control	Link	Or	Navigation.

When	the	Control	Link	is	lost,	the	DJI	Phantom	3	and	DJI	Inspire	1	

UAs	will	remain	stationary,	in	flight,	for	3	seconds	or	more.	If,	after	

3	seconds,	the	DJI	Phantom	3	and	DJI	Inspire	1	UAs	do	not	

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

the	Control	Link	is	lost	and	the	UAs	will	return	to	the	home	

position	(i.e.,	failsafe	mode)	via	GPS,	and	will	descend	to	the	

takeoff	position	and	shutdown.	

A	complete	description	of	the	Failsafe	Functions	of	the	DJI	

Phantom	3	UAS	are	set	forth	at	pages	23	through	24	and	for	the	

DJI	Inspire	1	at	pages	13	through	15	of	the	DJI	Phantom	3	and	DJI	

Inspire	1	User	Manuals,	attached	here to	as	Exhibit	C	and	D.	

v. The	DJI	Phantom	3	and	DJI	Inspire	1	GCS	And	It’s	Operation.

A	complete	description	of	the	operation	and	specifications	of	the	

DJI	Phantom	3	and	DJI	Inspire	1	GCS	and	flight	control	software	is	

provided	at	pages	32	through	43	of	the	DJI	Phantom	3	User	

Manual	and	pages	40	through	47	of	the	DJI	Inspire	1	User	Manual.	

DJI	Phantom	3	and	DJI	Inspire	1	User	Manuals	are	attached	hereto	

as	Exhibits	C	and	D.	

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

Limited	To	The	Line	Of	Sight	Of	A	Certificated	Pilot	in	

Command	With	A	Safety	Observer.

BALANCED	WINGS will	only	utilize	certificated	pilots	who	possess	

a	current	and	valid	airman	medical	certificate	to	act	as	a	pilot	in	

command	(PIC)	of	the	DJI	Phantom	3	and	DJI	Inspire	1	UASs.	
Additionally,	a	safety	observer	will	assist	all	pilots	during	flight	

time.	

vii. Flights	Of	DJI	Phantom	3	and	DJI	Inspire	1	UASs	Will	Be			

Conducted Pursuant	To	Specific	Operating	Limitations.	

In	seeking	this	exemption,	BALANCED	WINGS proposes	to	

commercially	operate	DJI	Phantom	3	and	DJI	Inspire	1	UASs	for	the	

special	purpose	of	conducting	aerial	video	and	photography	over	

certain	areas	of	United	States,	pursuant	to	the	following	specific	

operating	limitations:	

1. Operations	authorized	by	this	grant	of	exemption	will	be	

limited	to	the	following	aircraft	described	in	the	operating	

documents,	rotorcraft	UASs	weighing	less	than	55	pounds	

maximum	gross	weight:	DJI	Phantom	3	and	DJI	Inspire	1	

Unmanned	Aircraft	Systems.	Proposed	operations	of	any	other	

aircraft	will	require	a	new	petition	or	a	petition	to	amend	this	

grant.	

2. UAS	operations	under	this	exemption	will	be	limited	to	

conducting	operations	for	the	purpose	of	aerial	video	and	

photography.	

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

20	knots.	

4. The	UA	must	be	operated	at	an	altitude	of	no	more	than	400	

feet	above	ground	level	(AGL),	as	indicated	by	the	procedures	

specified	in	the	operating	documents	unless	a	special	request	

is	made	and	approved	by	ATC.	All	altitudes	reported	to	ATC	

must	be	in	feet	AGL.	

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

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

human	vision	unaided	by	any	device	other	than	corrective	

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

certificate.	

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

observer	(SO)	is	not	permitted.	

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

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

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

to	communicate	verbally	at	all	times.	Electronic	messaging	or	

texting	is	not	permitted	during	flight	operations.	The	PIC	must	

be	designated	before	the	flight	and	cannot	transfer	his	or	her	

designation	for	the	duration	of	the	flight.	The	PIC	must	ensure	

that	the	SO	can	perform	the	functions	prescribed	in	the	

operating	documents.	

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

PIC	with	seeing	and	avoiding	other	air	traffic	and	other	ground	
based	obstacles/obstructions	and	is	not	permitted	to	operate	

the	camera	or	other	instruments.	

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	f	or	safe	flight.	If	the	inspection	reveals	a	

condition	that	affects	the	safe	operation	of	the	UAS,	the	aircraft	

is	prohibited	from	operating	until	the	necessary	maintenance	

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

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

the	preflight	inspection.	All	maintenance	and	alterations	must	

be	properly	documented	in	the	aircraft	records.	

11. Any	UAS	that	has	undergone	maintenance	or	alterations	that	

affect	the	UAS	operation	or	flight	characteristics,	e.g.	

replacement	of	a	flight	critical	component,	must	undergo	a	

functional	test	flight.	The	PIC	who	conducts	the	functional	test	

flight	must	make	an	entry	in	the	aircraft	records.	

12. The	pre-flight	inspection	must	account	for	all	potential	

discrepancies,	e.g.	inoperable	components,	items,	or	

equipment,	not	already	covered	in	the	relevant	sections	of	the	

operating	documents.	

13. The	operator	must	follow	the	UAS	manufacturer’s	

aircraft/component,	maintenance,	overhaul,	replacement,	

inspection,	and	life	limit	requirements.	

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

record	keeping	requirements,	in	accordance	with	the	operating	

documents.	Maintenance,	inspection,	alterations,	and	status	of	

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

work	accomplished,	and	the	signature	of	the	authorized	person	

returning	the	UAS	to	service.	

15. Each	UASs	operated	under	this	exemption	must	comply	with	

all	manufacturer	Safety	Bulletins.	

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

record	of	the	corrective	action	taken	against	discrepancies	

discovered	between	inspections.	

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

least	a	current	third-class	medical	certificate.	

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

meets	the	operator’s	qualification	criteria	and	demonstrates	

the	ability	to	safely	operate	the	UAS	in	a	manner	consistent	

with	how	the	UAS	will	be	operated	under	the	exemption,	

including	evasive	and	emergency	maneuvers	and	maintaining	

appropriate	distances	from	persons,	vessels,	vehicles	and	

structures.	PIC	qualification	flight	hours	must	be	logged	in	a	

manner	consistent	with	14	C.F.R.	§	61.51(b).	Flights	for	the	

purposes	of	training	the	operator’s	PICs	are	permitted	under	

the	terms	of	the	exemption.	However,	training	operations	may	

only	be	conducted	during	dedicated	training	sessions.	During	

training,	proficiency,	and	experience-	building	flights,	all	

persons	not	essential	for	flight	operations	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	400	feet	below	or	less	

than	2,000	feet	horizontally	from	a	cloud	or	when	visibility	is	

less	than	3	statute	miles	from	the	PIC.	

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

return	to	a	pre-determined	location	within	the	planned	
operating	area	and	land	or	be	recovered	in	accordance	with	the	

operating	documents.	

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

obstacles	or	emergencies	in	accordance	with	the	operating	

documents.	

24. The	PIC	is	prohibited	from	beginning	a	flight	unless	

(considering	wind	and	forecast	weather	conditions)	there	is	

enough	power	to	fly	at	normal	cruising	speed	to	the	intended	

landing	point	and	land	the	UA	with	25%	battery	power	

remaining.	

25. The	operator	must	obtain	an	Air	Traffic	Organization	(ATO)	

issued	Certificate	of	Waiver	or	Authorization	(COA)	prior	to	

conducting	any	operations	under	the	grant	of	exemption.	This	

COA	will	also	require	the	operator	to	request	a	Notice	to	

Airman	(NOTAM)	not	more	than	72	hours	in	advance,	but	not	

less	than	48	hours	prior	to	the	operation.	All	operations	shall	

be	conducted	in	accordance	with	airspace	requirements	in	the	

ATO	issued	COA	including	class	of	airspace,	altitude	level	and	

potential	transponder	requirements.	

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

identified	by	serial	number,	registered	in	accordance	with	14	

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

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

as	large	as	practicable.	

27. Before	conducting	operations,	the	radio	frequency	spectrum	

used	for	operation	and	control	of	the	UA	must	comply	with	the	

Federal	Communications	Commission	(FCC)	or	other	

appropriate	government	oversight	agency	requirements.	

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

must	be	available	to	the	PIC	at	the	Ground	Control	Station	of	

the	UAS	any	time	the	UAS	is	operating.	These	documents	must	

be	made	available	to	the	Administrator	or	any	law	enforcement	

official	upon	request.	

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

manned	aviation	operations	and	activities	at	all	times.	

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

device	or	vehicle.	

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

nonparticipating	persons	(persons	other	than	the	PIC,	SO,	

operator	trainees	or	essential	persons),	vessels,	vehicles,	and	

structures	unless:	

a. Barriers	or	structures	are	present	that	

sufficiently	protect	nonparticipating	persons	

from	the	UA	and/or	debris	in	the	event	of	an	

accident.	The	operator	must	ensure	that	
nonparticipating	persons	remain	under	such	

protection.	If	a	situation	arises	where	

nonparticipating	persons	leave	such	protection	

and	are	within	500	feet	of	the	UA,	flight	

operations	must	cease	immediately	and/or;	

b. The	aircraft	is	operated	near	vessels,	vehicles	or	

structures	where	the	owner/controller	of	such	

vessels,	vehicles	or	structures	has	granted	

permission	and	the	PIC	has	made	a	safety	

assessment	of	the	risk	of	operating	closer	to	

those	objects	and	determined	that	it	does	not	

present	an	undue	hazard,	and;	

c. Operations	nearer	to	the	PIC,	SO,	operator	

trainees	or	essential	persons	do	not	present	an	

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

32. All	operations	shall	be	conducted	over	private	or	controlledaccess	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	Website:	

www.ntsb.gov.	

2.	Reasons	Why	An	Exemption	From	The	Requirements	Of	Section	61.113(a)	

And	(b)	Would	Not	Adversely	Affect	Safety.

BALANCED	WINGS	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	and	DJI	Inspire	1	UASs	unless	that	PIC	has	demonstrated,	by	meeting	

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

operate	the	DJI	Phantom	3	or	DJI	Inspire	1	UAS	in	a	manner	consistent	with	the	

exemption,	including	evasive	and	emergency	maneuvers	and	maintaining	

appropriate	distances	from	people,	vessels,	vehicles	and	structures.	Considering	

BALANCED	WINGS 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	or	

DJI	Inspire	1	UAS,	BALANCED	WINGS submits	that	the	additional	manned	

airmanship	experience	of	a	commercially	certificated	pilot	would	not	correlate	to	

the	airmanship	skills	necessary	for	BALANCED	WINGS 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).	BALANCED	WINGS will	not	allow	any	PIC	to	operate	the	DJI	Phantom	3	or	

DJI	Inspire	1	UAS	unless	that	PIC	has	demonstrated,	by	meeting	minimum	flighthour	requirements	or	the	DJI	Phantom	3	or	DJI	Inspire	1	UAS	training	and	

currency	requirements,	that	the	PIC	is	able	to	safely	operate	the	DJI	Phantom	3	or	

DJI	Inspire	1	UAS	in	a	manner	consistent	with	this	exemption,	including	evasive	and	

emergency	maneuvers	and	maintaining	appropriate	distances	from	people,	vessels,	

vehicles	and	structures.	Specifically,	the	PIC	must	have	accumulated	and	logged,	in	a	

manner	consistent	with	14	C.F.R.	§	61.51(b),	25	hours	of	total	time	as	a	UAS	

rotorcraft	pilot	(with	a	minimum	of	5	hours	of	those	hours	as	a	UAS	pilot	operating	

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

addition	to	the	hour	requirements,	the	PIC	must	accomplish	3	takeoffs	and	landings	

in	the	preceding	90	days	(for	currency	purposes). As	in	Exemption	Nos.	11062,	

11138,	and	11153,	prior	documented	flight	experience	that	was	obtained	in	

compliance	with	applicable	regulations	will	ensure	an	equivalent	level	of	safety	

during	BALANCED	WINGS proposed	operations.	The	Administrator	has	held	that	

prior	documented	flight	experience	that	was	obtained	in	compliance	with	applicable	

regulations	would	ensure	safe	operations,	stating	as	follows:

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

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

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

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

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

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

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

exemption.	For	clarification,	the	FAA	considers	these	minimum	hour	requirements	

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

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

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

must	accomplish	3	takeoffs	and	landings	in	the	preceding	90	days	(for	currency	

purposes).	The	FAA	finds	that	at	a	minimum,	the	flight	hour	requirements	in	

Exemption	No.	11062	are	appropriate	to	practice	and	build	proficiency	in	the	skills	

necessary	to	safely	conduct	the	petitioner’s	proposed	operations.	The	FAA	also	finds	

that	prior	documented	flight	experience	that	was	obtained	in	compliance	with	

applicable	regulations	would	satisfy	this	requirement.	Training,	proficiency,	and	

experience-	building	flights	can	also	be	conducted	under	the	grant	of	exemption	to	

accomplish	the	required	flight	time.	During	training,	proficiency,	and	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,	BALANCED	WINGS will	ensure	safe	operations	by	not	allowing	any	PIC	

to	operate	the	DJI	Phantom	3	or	DJI	Inspire	1	UAS	unless	that	PIC	has	demonstrated,	

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

safely	operate	the	DJI	Phantom	3	or	DJI	Inspire	1	UAS	in	a	manner	consistent	with	
the	exemption,	including	evasive	and	emergency	maneuvers	and	maintaining	

appropriate	distances	from	people,	vessels,	vehicles	and	structures.	

CONCLUSION

BALANCED	WINGS seeks	an	exemption	pursuant	to	14	C.F.R.	§	11.61	and	Section	

333	of	the	FAA	Modernization	and	Reform	Act	of	2012	(FMRA),	which	will	permit	

safe	operation	of	the	DJI	Phantom	3	and	DJI	Inspire	1	UASs	commercially,	without	an	

airworthiness	certificate,	for	the	limited	purpose	of	conducting	aerial	video	and	

photography	over	certain	areas	of	the	United	States.	By	granting	this	Petition,	the	

FAA	Administrator	will	be	fulfilling	the	Congressional	mandate	of	the	FAA	

Modernization	and	Reform	Act	of	2012,	while	also	advancing	the	interests	of	the	

public,	by	allowing	BALANCED	WINGS to	safely,	efficiently,	and	economically	

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

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

Modernization	and	Reform	Act	of	2012,	Section	333,	BALANCED	WINGS 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	

BALANCED	WINGS to	operate	the	DJI	Phantom	3	and	DJI	Inspire	1	UASs	

commercially	for	the	purpose	of	conducting	aerial	video	and	photography	over	

certain	areas	of	the	United	States.	

Dated:	March	5,	2016

Submitted	by:

ALEXANDER	BRYAN	dba.	BALANCED	WINGS
APPENDIX	–	A

DJI	PHANTOM	3	TECHNICAL	SPECIFICATIONS

BALANCED	WINGS 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)	

DJI	Phantom	3

1.1	Aircraft

1.1.1	Supported	Battery	–	DJI	6000AH	LiPo	Battery

1.1.2	Weight	(Battery	&	Propellers	Included)	–	2lbs	11.810oz	(1242g)	1.1.3	Hover	

Accuracy	(Ready	to	Fly)	–	Vertical:	.8m;	Horizontal:	2.5m	1.1.4	Max	Yaw	Angular	

Velocity	-	200/s

1.1.5	Max	Tilt	Angel	-	35	1.1.1.6	Max	Ascent	Speed	–	6m/s

1.1.6	Max	Descent	Speed	–	2m/s

1.1.7	Max	Flight	Speed	–	15m/s	(NOT	RECOMMENDED)

1.2	Gimbal

1.2.1Working	Current	–	Static:	750mA;	Dynamic:	900mA

1.2.2	Control	Accuracy	-	±0.03

1.2.3	Controllable	Range	–	Pitch:	-90	-	0

1.2.4	Maximum	Angular	Speed	–	Pitch:	90/s

1.3	Camera

1.3.1Operating	Temperature	Range	-	32F	-	104F	(0C	-	40C)

1.3.2	Sensor	Size	–	1/2.3”

1.3.3	Effective	Pixels	–	14M

1.3.4	Resolution	–	4384x3288

1.3.5	HD	Video	Recording	–	1080p30	&	720p

1.3.6	Recording	Field	of	View	-	110/85	
APPENDIX	–	B

DJI	INSPIRE	1	TECHNICAL	SPECIFICATIONS

BALANCED	WINGS	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)	

DJI	Inspire	1

1.1	Aircraft

1.1.1	Model	–	T600

1.1.2	Weight	(Battery	Included)	–	6lbs	7.5291oz	(2935g)

1.1.3	Hovering	Accuracy	(GPS	Mode)	–	Vertical:	0.5m;	Horizontal:	2.5m

1.1.4	Max	Angular	Velocity	–	Pitch:	300 /s;	Yaw:	150 /s	

1.1.5	Max	Tilt	Angle	-	35

1.1.6	Max	Ascent	Speed	–	5m/s

1.1.7	Max	Descent	Speed	–	4m/s

1.1.8	Max	Speed	–	22m/s	(ATTI	mode,	no	wind	–	NOT	RECOMMENDED)	1.1.9	Max	

Flight	Altitude	–	4500m

1.1.10	Max	Wind	Resistance	–	10m/s

1.1.11	Max	Flight	Time	–	Approximately	18	minutes

1.1.12	Motor	Model	–	DJI	3510

1.1.13	Propeller	Model	–	DJI	1345	

1.1.14	Operating	Temperature	Range	–	14 F	to	104 F	(-10 C	to	40 C)	1.1.15	

Dimensions	–	17	1⁄4”	x	17	3⁄4”	x	12”

1.2	Gimbal

1.2.1	Model	–	ZENMUSE	X3	

1.2.2	Output	Power	(with	camera)	–	Static:	9W;	In	Motion:	11W	1.2.3	Operating	

Current	–	Static:	750mA;	In	Motion:	900mA	

1.2.4	Angular	Vibration	Range	-	±0.03 1.2.5	Mounting	–	Detachable	

1.2.6	Controllable	Range	–	Pitch:	-90 to	+30 ;	Pan:	±320 1.2.7	Mechanical	Range	–

Pitch:	-125 to	45 ;	Pan:	±330

1.2.8	Max	Controllable	Speed	–	Pitch:	120 /s;	Pan:	180 /s	1.3	Transmitter

1.3.1	Name	–	C1

1.3.2	Operating	Frequency	–	5.728-5.850GHz;	2.400-2.483GHz	1.3.3	Communicating	

Distance	(unobstructed)	–	2000m	

1.3.4	Output	Power	–	9W	

1.3.5	Operating	Temperature	Range	-	14 F	to	104 F	(-10 C	to	40 C)	1.3.6	Battery	–

600mAh	LiPo	2S	

All	specifications	can	be	found	in	the	attached	user	manual	or	at	

http://www.dji.com/product/inspire-1/spec