October 29, 2015

US Department of Transportation, Docket Operations

West Building Ground Floor, Room W12-140

1200 New Jersey Avenue, SE

Washington, DC 20590

Attention: FAA Administrator 

RE: ALL FLIGHT UAV REQUEST AN EXEMPTION FROM THE 

REQUIREMENTS OF TITLE 14 OF THE CODE OF FEDERAL 

REGULATIONS SECTIONS 61.113(a) & (b), 91.7(a), 91.119, 91.121, 

91.151(a), 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, DJI INSPIRE 1 AND DJI S900 UNMANNED 

AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 Of THE FAA 

MODERNIZATION AND REFORM ACT OF 2012 

Leonard F. Kardelis III

Owner/CEO

All Flight UAV, LLC

10514 Wildflower rd.

Orland Park, IL 60462

(812) 219-2371

lkardelis@allflightuav.com
SUMMARY

All Flight UAV seeks exemption from the requirements of FAA Reform 

Act and part 11 of the Federal Aviation Regulations form 14 C.F.R part 

21; 61.113(a) & (b), 91.7(a), 91.119, 91.121, 91.151(a), 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, DJI Inspire 1 and DJI 

S900) pursuant to Section 333 of the FAA Modernization and Reform 

Act of 2012 (FMRA). This exemption will permit All Flight UAV to 

operate an Unmanned Aircraft System (UAS) for the commercial 

purpose of conducting aerial photography and cinematography of 

Construction sites, Residential and Commercial Real Estate, Land 

Management/Surveying and Events over certain areas of the United 

States. 

INTRODUCTION AND INTERESTS

All Flight UAV consist of industry leaders in the UAV community that 

have proven themselves to be able to safely operate multiple types of

UASs (DJI Phantom 3, DJI Inspire 1 and DJI S900). All Fight UAV if 

granted 333 exemption, will provide a variety of governmental, 

commercial, public and private clients a safe and exciting ability to view 

their projects in a new way while operating within strict local and 

governmental laws. All Flight UAV will be targeting projects in 

Real-Estate Marketing

 Appraisals

 Special Event Coverage

 Land Management/Surveying

All UAS flights will occur over private or controlled access property and 

will do so with the property owner's consent and knowledge and that 

only people who have consented or otherwise have agreed to be within 

the UAS’ radius during filming and photography applications. 
BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 3, DJI Inspire 1 & DJI S900 

ALL FLIGHT UAV seeks an exemption to operate DJI systems for 

compensation or hire within the NAS. The DJI Phantom 3, DJI Inspire 1

and DJI S900 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, DJI Inspire 1 and 

DJI S900 have a built-in stabilized HD camera and GPS safety features 

which limit its ability to the height it flies above ground level (AGL), to 

limit the radius of the distance they fly from the operator and to exclude 

it from operations within designated Class B, C and D airspace including 

a no-fly zone feature. The DJI Phantom 3, DJI Inspire 1 and DJI S900 

also have a failsafe function that is triggered in the event communication 

is lost between the UAS and the main controller transmitter. At that 

time, the UAS will return to its point of takeoff and land safety. If the 

connection is restored, the PIC can regain control of flight and land 

manually. The DJI Phantom 3, DJI Inspire 1 and DJI S900 UAs are 

equipped with four main rotors; driven by Lithium Polymer battery 

powered electric motors. The DJI Phantom 3, DJI Inspire 1 and DJI 

S900 that will be operated by All Flight UAV 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.

UNMANNED AIRCRAFT LEVEL OF SAFETY

All Flight UAV will only operate its UAS in line-of-sight of a pilot 

and/or observer and will operate at sites that are `sufficient distance' 

from populated areas within the area described in the FOPM. Such 

operations will ensure that the UAS will "not create a hazard to users of 

the national airspace system or the public.”
1. The sUAS will be programmed so it will not be operated at an 

altitude that exceeds 400 feet AGL.

2. Minimum crew for each operation will consist of the sUAS 

Pilot/”Operator”, and a Visual Observer. 

3. The UAS PIC will be an FAA licensed airman holding a minimum

of a Private Pilot certificate and a current FAA medical certificate. 

4. The UAS operated by the petitioner weighs less than 55 pounds, 

including all payload (i.e. camera, lens, and stabilized gimbal).

5. The UAS will operate at speeds of no more than 50 knots, can 

hover, and can simultaneously move vertically and horizontally.

6. Flights will be operated within visual line of sight (VLOS) of a 

Pilot/”Operator” and/or observer. 

7. Pilot/“operator” and observer will at all times be able to 

communicate by voice, radio, and/or text.

8. The UAS will have the capability to abort a flight in case of 

unpredicted obstacles, weather, or emergencies. 

9. A briefing will be conducted in regard to the planned sUAS 

operations prior to each flight activity. It will be mandatory that all 

personnel involved with the operational duties of the flight be 

present for this briefing. 

BASIS FOR PETITION

Petitioner, All Flight UAV, 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 and DJI S900, 

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

from the requirements of 14 C.F.R part 21; 61.113(a) & (b), 91.7(a), 

91.119, 91.121, 91.151(a), 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, All Flight UAV 

operation of DJI Phantom 3, DJI Inspire 1 and DJI S900 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, All Flight UAV 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. 

All Flight UAV submits that the requested relief is proper since an 

equivalent level of safety will be ensured. All Flight UAV 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, DJI Inspire 1 and DJI 

S900 Instruction Manual). Furthermore, All Flight UAV will document 

and maintain all maintenance records for the DJI Phantom 3, DJI Inspire 

1 and DJI S900 UASs. 

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

Private pilot privileges and limitations: Pilot in command, is requested 

by All Flight UAV 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, DJI Inspire 1 and DJI S900 UAS in a 

manner consistent with this exemption, including evasive and 

emergency maneuvers and maintaining appropriate distances from 

people, vessels, vehicles and structures. 

All Flight UAV seeks relief from Section 91.7(a), entitled Civil aircraft 

airworthiness, because the DJI Phantom 3, DJI Inspire 1 and DJI S900

UASs do not require an airworthiness certificate in accordance with 14 

C.F.R. Part 21, Subpart H. As such, All Flight UAV submits that they 

will ensure that the DJI Phantom 3, DJI Inspire 1 and DJI S900 UAS 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, DJI Inspire 1 and DJI S900

Instruction Manual), and that the aircraft are in a condition for safe 

flight. 

All Flight UAV also seeks an exemption from the requirements of 

Section 91.121, entitled Altimeter Settings, as the DJI Phantom 3, DJI 

Inspire 1 and DJI S900 UAs will not have a typical barometric altimeter 

onboard. However, altitude information of the DJI Phantom 3, DJI 

Inspire 1 and DJI S900 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 

All Flight UAV operation of the DJI Phantom 3, DJI Inspire 1 and DJI 

S900 UAS’s within visual line of sight, at or below 400 feet AGL, will 

ensure a level of safety equivalent to Section 91.121. 

Additionally, All Flight UAV seeks an exemption from the requirements 

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

conditions. All Flight UAV submits that safety will not be affected by 

operation of the DJI Phantom 3, DJI Inspire 1 and DJI S900 UAs during 

daylight hours in visual meteorological conditions (VMC) under visual 

flight rules (VFR), with enough battery power to fly for a total duration 
of approximately 23 minutes for DJI Phantom 3, 18 minutes for DJI 

Inspire 1 and 18 minutes for the DJI S900. Battery power indicators are 

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

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

In accordance with 14 C.F.R. § 11.81, All Flight UAV provides the 

following information in support of its petition for exemption:

A. Name and Address Of The Petitioner

Leonard F. Kardelis III

Owner/CEO

All Flight UAV, LLC

10514 Wildflower rd.

Orland Park, IL 60462

(812) 219-2371

lkardelis@allflightuav.com

B. The Specific Sections of 14 C.F.R. From Which All Flight UAV 

Seeks Exemption. 

1.All Flight UAV 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. All Flight UAV 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. All Flight UAV Seeks Exemption From The Requirements Of 

Section 91.119.

Section 91.119, entitled Minimum Safe Altitudes

Except when necessary for takeoff or landing, no person may operate an 

aircraft below the following altitudes:

(c) Over other than congested areas. An altitude of 500 feet above the 

surface, except over open water or sparsely populated areas. In those 

cases, the aircraft may not be operated closer than 500 feet to any 

person, vessel, vehicle, or structure.

4. All Flight UAV 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; 

III. In the case of an aircraft not equipped with a radio, the elevation of 

the departure airport or an appropriate altimeter setting available 

before departure. 

5. All Flight UAV Seeks Exemption From The Requirements Of 

Section 91.151(a) & (b). 

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

subsection (a), states the following: 

(a) 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 30 minutes.

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

conditions unless (considering wind and forecast weather 

conditions) there is enough fuel to fly to the first point of intended 

landing and, assuming normal cruising speed, to fly after that for 

at least 20 minutes.

6. All Flight UAV Seeks Exemption From The Requirement Of 

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

following: Each owner or operator of an aircraft—

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

part and shall between required inspections, except as provided in 

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

in part 43 of this chapter[.] 

7. All Flight UAV 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[.] 

8. All Flight UAV 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. All Flight UAV 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. 

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. 

b. The owner or operator shall retain the following records for the 

periods prescribed: 

i. 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. 

ii. 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. 

iii. 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 All Flight UAV Seeks And The Reason The 

All Flight UAV Seeks The Relief. 

1. Extent Of Relief All Flight UAV Seeks And The Reason All Flight 

UAV 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, All Flight UAV submits that an 

equivalent level of safety will be maintained because no PIC will be 

allowed to operate the DJI Phantom 3, DJI Inspire 1 or DJI S900 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, DJI Inspire 1 or DJI S900 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, All 

Flight UAV submits that all flights of the DJI Phantom 3, DJI Inspire 1

and DJI S900 UAS, conducted by the PIC pursuant to the grant of this 

Petition: (1) will be incidental to All Flight UAV s business; and (2) will 

not carry passengers or property for compensation or hire. 

2. Extent Of Relief All Flight UAV Seeks And The Reason All Flight 

UAV 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 All Flight UAV to determine 

that the DJI Phantom 3, DJI Inspire 1 and DJI S900 UASs are in 

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

compliance with the operating documents (i.e., All Flight UAV Aerial 

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

Inspire 1 and DJI S900 Instruction Manual). 

All Flight UAV seeks the requested relief because the DJI Phantom 3, 

DJI Inspire 1 and DJI S900 UASs do not require an airworthiness 
certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, 

All Flight UAV will ensure that the DJI Phantom 3, DJI Inspire 1 and 

DJI S900 UASs are in airworthy condition based upon its compliance 

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

Phantom 3, DJI Inspire 1 and DJI S900) 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 All Flight UAV Seeks And The Reason All Flight 

UAV Seeks Relief From Section 91.19. 

This regulation requires all operation to remain no closer than 500 feet 

from persons, vessels, vehicles, and structures. All Flight UAV requires 

relief from § 91.119(c) is because all operations will be conducted at or 

below 500 feet AGL and may be operated closer than 500 feet from 

persons, vessels, vehicles, and structures. 

4. Extent Of Relief All Flight UAV Seeks And The Reason All Flight 

UAV 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, DJI Inspire 1 and DJI 

S900 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), All Flight UAV seeks the requested relief because the DJI 

Phantom 3, DJI Inspire 1 and DJI S900 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, DJI Inspire 1 and DJI S900 UASs are equipped with a 

barometric pressure sensor and GPS equipment, which automatically 

ensures that a ground level pressure setting will be established prior to 

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

the heads-up display of the GCS. 

5. Extent Of Relief All Flight UAV Seeks And The Reason All Flight 

UAV Seeks Relief From Section 91.151(a) & (b). 

The regulation provides that no person may begin a flight in an airplane 

under day-VFR conditions unless there is enough fuel to fly to the first 

point of intended landing and to fly after that for at least 30 minutes. We 

feel the intention of this paragraph is to provide an energy reserve as a 

safety buffer for delays to landing. The sUAS are battery operated and 

the maximum duration of flight from a single battery charge is 12-45 

(depending on which sUAS) minutes with a 25% reserve. Since the 

aircraft will never fly more than 1/2 NM from the point of intended 

landing, a full battery charge at launch will ensure that we meet the 

reserve energy requirement of this paragraph. We request an exemption 

to the word "fuel" and ask for an equivalent interpretation with the word 

"energy". We also request exemption from the 30 min reserve and ask 

that our reserve will be to fly the mission to the point of intended 

landing and have at least a 25% battery reserve after that. 

6. Extent Of Relief All Flight UAV Seeks And The Reason All Flight 

UAV 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, 

All Flight UAV requests relief from these Sections because the DJI 

Phantom 3, DJI Inspire 1 and DJI S900 UASs do not require 

airworthiness certificates. As set forth more fully below, the DJI 

Phantom 3, DJI Inspire 1 and DJI S900 UASs meet the conditions of 

FMRA Section 333 for operation without an airworthiness certificate. 

Accordingly, All Flight UAV will use trained technicians to perform 
maintenance, alterations, or preventive maintenance on the UASs using 

the methods, techniques, and practices prescribed in the UAS operating 

documents (i.e., the All Flight UAV Aerial Operations Manual, Monthly 

Maintenance Log, and DJI Phantom 3, DJI Inspire 1 and DJI S900

Instruction Manual). Furthermore, All Flight UAV will document and 

maintain all maintenance records for the DJI Phantom 3, DJI Inspire 1

and DJI S900 UASs. 

D. The Reasons Why Granting All Flight UAV 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 

All Flight UAV to safely, efficiently, and economically perform aerial 

photography and cinematography of Construction sites, Residential and 

Commercial Real Estate, Land Management/Surveying and Events. 

Additionally, use of the DJI Phantom 3, DJI Inspire 1 and DJI S900

UASs will decrease congestion of the NAS, reduce pollution, and 

provide significant benefits to the economy. Notably, the benefits of All 

Flight UAV’s proposed operation of the DJI Phantom 3, DJI Inspire 1

and DJI S900 UASs will be realized without implicating any privacy 

issues. 

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

The DJI Phantom 3, DJI Inspire 1 and DJI S900 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, DJI 

Inspire 1 and DJI S900 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, DJI Inspire 1 and DJI S900

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, DJI Inspire 1 and DJI S900 UASs. 

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

and DJI S900 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, DJI Inspire 1 and DJI S900 UASs 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, DJI Inspire 

1 and DJI S900 UASs, 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, DJI Inspire 1 and DJI S900 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, DJI Inspire 1 and DJI 

S900 UASs (weighing approximately 2 pounds 8 ounces, 6 pounds 5 

ounces and 7 pounds 4 ounces respectively, at their maximum gross 

weights with lengths of 23 inches, 17.8 inches and 18.1 inches

respectively, widths of 23 inches, 17.3 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, DJI Inspire 1 and DJI S900 UASs Will Benefit The 

Economy. 

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

and DJI S900 UASs are also an economical alternative to using manned 

aircraft to conduct similar aerial operations. As such, operation of the 

DJI Phantom 3, DJI Inspire 1 and DJI S900 UASs will allow United 

States based small businesses, like All Flight UAV, 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, DJI Inspire 1 and DJI S900 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, DJI Inspire 1 and DJI S900 UASs, 

small businesses such as All Flight UAV, 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, DJI Inspire 1 and DJI S900

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, All Flight UAV’s proposed operation of the DJI 

Phantom 3, DJI Inspire 1 and DJI S900 UASs will not implicate any 

privacy issues. Specifically, the DJI Phantom 3, DJI Inspire 1 and DJI 

S900 UASs will be operated only in compliance with operating 

documents (i.e., All Flight UAV Aerial Operations Manual, Monthly 

Maintenance Log, and DJI Phantom 3, DJI Inspire 1 and DJI S900

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 

All Flight UAV Seeks Exemption. 

1. Reasons Why The DJI Phantom 3, DJI Inspire 1 and DJI 

S900 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, All Flight 

UAV’s operation of the DJI Phantom 3, DJI Inspire 1 and DJI S900

UASs meet the conditions of FMRA Section 333, and will not require an 

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

H. 

Section 333 provides authority for a UAS to operate without 

airworthiness certification and sets forth requirements for considering 

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

otherwise pose a threat to national security. Specifically, FMRA Section 

333 states the following, in part: 

A. In General.--Notwithstanding any other requirement of this subtitle, 
and not later than 180 days after the date of enactment of this Act, 

the Secretary of Transportation shall determine if certain unmanned 

aircraft systems may operate safely in the national airspace system 

before completion of the plan and rulemaking required by section 

332 of this Act or the guidance required by section 334 of this Act. 

B. Assessment of Unmanned Aircraft Systems.--In making the 

determination under subsection (a), the Secretary shall determine, at 

a minimum--

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

their size, weight, speed, operational capability, proximity to 

airports and populated areas, and operation within visual line of 

sight do not create a hazard to users of the national airspace 

system or the public or pose a threat to national security; and 

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

airworthiness certification under section 44704 of title 49, United 

States Code, is required for the operation of unmanned aircraft 

systems identified under paragraph (1). 

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

this section that certain unmanned aircraft systems may operate safely 

in the national airspace system, the Secretary shall establish 

requirements for the safe operation of such aircraft systems in the 

national airspace system. 

In seeking this exemption, All Flight UAV submits that the DJI Phantom 

3, DJI Inspire 1 and DJI S900 UASs can operate safely in the NAS 

pursuant to FMRA Section 333, as demonstrated by: (a) the 

characteristics of the DJI Phantom 3, DJI Inspire 1 and DJI S900 UASs; 

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

limitations. 

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

S900 UAS Demonstrate Its Safe Characteristics. The DJI Phantom 3, 

DJI Inspire 1 and DJI S900 UAS does not create a hazard to users of the 
NAS or the public, or otherwise pose a threat to national security 

considering its size, weight, speed, and operational capability. 

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

DJI S900 UASs. The DJI Phantom 3, DJI Inspire 1 and DJI S900

Specifications and Data Sheet, attached hereto as Appendix A, B and C

set the technical specifications of the DJI Phantom 3, DJI Inspire 1 and 

DJI S900 UASs. 

ii. The DJI Phantom 3, DJI Inspire 1 and DJI S900 UASs Global 

Positioning Modes Enable The UAS to Remain Within A Defined 

Operational Area. 

The DJI Phantom 3, DJI Inspire 1 and DJI S900 UASs may be operated 

in both manual and global positioning flight modes. A complete 

description of the flight and navigational modes of the DJI Phantom 3 

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 A, B and C. 

iii. The DJI Phantom 3, DJI Inspire 1 and DJI S900 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, DJI Inspire 1 and DJI 

S900 UAs will remain stationary, in flight, for 3 seconds or more. If, 

after 3 seconds, the DJI Phantom 3, DJI Inspire 1 and DJI S900 UAs do 

not reacquire control link data from the GCS, the UAs will assume that 

the Control Link is lost and the will return to the home position (i.e., 

failsafe mode) via GPS, and will descend to the takeoff position and 

shutdown. A complete description of the Failsafe Functions of the DJI 

Phantom 3 UAS are set forth at pages 27 through 29 and for the DJI 

Inspire 1 at pages 13 through 15 and for the DJI S900 at pages 17 

through 19 User Manuals, attached hereto as Appendix A, B and C. 

iv. The DJI Phantom 3, DJI Inspire 1 and DJI S900 GCS And Its 
Operation. 

A complete description of the operation and specifications of the DJI 

Phantom 3, DJI Inspire 1 and DJI S900 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, DJI Inspire 1 and DJI S900 User Manuals are attached hereto as 

Exhibits A, B and C. 

b. Flight Operations Of DJI Phantom 3, DJI Inspire 1 and DJI S900

UAS Is Limited To The Line Of Sight Of A Certificated Pilot in 

Command With A Safety Observer. 

All Flight UAV 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, DJI Inspire 1 and DJI S900 UASs. Additionally, a 

safety observer will assist all pilots during flight time. 

c. Flights Of DJI Phantom 3, DJI Inspire 1 and DJI S900 UASs Will 

Be Conducted Pursuant To Specific Operating Limitations. 

In seeking this exemption, All Flight UAV proposes to commercially 

operate DJI Phantom 3, DJI Inspire 1 and DJI S900 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, DJI Inspire 1 and DJI S900 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 for safe flight. If the inspection reveals a condition 

that affects the safe operation of the UAS, the aircraft is prohibited 

from operating until the necessary maintenance has been performed 

and the UAS is found to be in a condition for safe flight. The 

Ground Control Station must be included in the preflight inspection. 

All maintenance and alterations must be properly documented in the 

aircraft records. 

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

the UAS operation or flight characteristics, e.g. replacement of a

flight critical component, must undergo a functional test flight. The 

PIC who conducts the functional test flight must make an entry in 

the aircraft records. 

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

discrepancies, e.g. inoperable components, items, or equipment, not 

already covered in the relevant sections of the operating documents. 

13. The operator must follow the UAS manufacturer’s 

aircraft/component, maintenance, overhaul, replacement, inspection, 

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

keeping requirements, in accordance with the operating documents. 

Maintenance, inspection, alterations, and status of 

replacement/overhaul component parts must be noted in the aircraft 

records, including total time in service, description of work 

accomplished, and the signature of the authorized person returning 

the UAS to service. 

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

manufacturer Safety Bulletins. 

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

the corrective action taken against discrepancies discovered between 

inspections. 

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

current third- class medical certificate. 

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

meets the operator’s qualification criteria and demonstrates the 

ability to safely operate the UAS in a manner consistent with how 

the UAS will be operated under the exemption, including evasive 

and emergency maneuvers and maintaining appropriate distances 

from persons, vessels, vehicles and structures. PIC qualification 

flight hours must be logged in a manner consistent with 14 C.F.R. § 

61.51(b). Flights for the purposes of training the operator’s PICs are 

permitted under the terms of the exemption. However, training 

operations may only be conducted during dedicated training 

sessions. During training, proficiency, and experience-building 

flights, all persons not essential for flight operations are considered 

nonparticipants, and the PIC must operate the UA with appropriate 

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

91.119. 

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

C.F.R. § 1.1. All operations must be conducted under visual 
meteorological conditions (VMC). If flight at night is required, a 

special request will be made at the FAA office closest to proposed 

area of operations. Flights under special visual flight rules (SVFR) 

are not authorized. 

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

reference point as denoted on a current FAA-published aeronautical 

chart unless a letter of agreement with that airport’s management is 

obtained, and the operation is conducted in accordance with a 

NOTAM as required by the operator’s COA. The letter of agreement 

with the airport management must be made available to the 

Administrator upon request. 

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

2,000 feet horizontally from a cloud or when visibility is less than 3 

statute miles from the PIC. 

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

return to a pre- determined location within the planned operating 

area and land or be recovered in accordance with the operating 

documents. 

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

or emergencies in accordance with the operating documents. 

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

wind and forecast weather conditions) there is enough power to fly 

at normal cruising speed to the intended landing point and land the 

UA with 25% battery power remaining. 

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

Certificate of Waiver or Authorization (COA) prior to conducting 

any operations under the grant of exemption. This COA will also 

require the operator to request a Notice to Airman (NOTAM) not 

more than 72 hours in advance, but not less than 48 hours prior to 

the operation. All operations shall be conducted in accordance with 

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

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

identified by serial number, registered in accordance with 14 C.F.R. 

part 47, and have identification (N- Number) markings in 

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

large as practicable. 

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

operation and control of the UA must comply with the Federal 

Communications Commission (FCC) or other appropriate 

government oversight agency requirements. 

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

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

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

available to the Administrator or any law enforcement official upon 

request. 

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

aviation operations and activities at all times. 

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

or vehicle. 

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

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

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

unless: 

a. Barriers or structures are present that sufficiently protect 

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

accident. The operator must ensure that nonparticipating persons remain 

under such protection. If a situation arises where nonparticipating 

persons leave such protection and are within 500 feet of the UA, flight 

operations must cease immediately and/or;

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

permission and the PIC has made a safety assessment of the risk of 

operating closer to those objects and determined that it does not present 

an undue hazard, and; c. Operations nearer to the PIC, SO, operator 

trainees or essential persons do not present an undue hazard to those 

persons per § 91.119(a). 

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

property with permission from the land owner/controller or authorized 

representative. Permission from land owner/controller or authorized 

representative will be obtained for each flight to be conducted. 

33. Any incident, accident, or flight operation that transgresses the 

lateral or vertical boundaries of the operational area as defined by the 

applicable COA must be reported to the FAA's UAS Integration Office 

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

Transportation Safety Board (NTSB) per instructions contained on the 

NTSB Web site: www.ntsb.gov. 

2. Reasons Why An Exemption From The Requirements Of Section 

61.113(a) And (b) Would Not Adversely Affect Safety. 

All Flight UAV 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, DJI Inspire 1 and DJI S900 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, DJI Inspire 1 and DJI S900 UAS in a manner consistent with 

the exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from people, vessels, vehicles and 

structures. 

Considering All Flight UAV’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, DJI Inspire 1 and DJI 

S900 UAS, All Flight UAV submits that the additional manned 

airmanship experience of a commercially certificated pilot would not 

correlate to the airmanship skills necessary for All Flight UAV’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). 

All Flight UAV will not allow any PIC to operate the DJI Phantom 3, 

DJI Inspire 1 or DJI S900 UAS unless that PIC has demonstrated, by 

meeting minimum flight-hour requirements or the DJI Phantom 3, DJI 

Inspire 1 and DJI S900 UAS training and currency requirements, that the 

PIC is able to safely operate the DJI Phantom 3, DJI Inspire 1 or DJI 

S900 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 All Flight 

UAV’s proposed operations. The Administrator has held that prior 

documented flight experience that was obtained in compliance with 

applicable regulations would ensure safe operations, stating as follows: 
In Exemption No. 11062, the FAA required that prior to conducting 

operations for the purpose of motion picture filming (or similar 

operations), the PIC must have accumulated and logged, in a manner 

consistent with 14 CFR 61.51(b), 25 hours of total time as a UAS 

rotorcraft pilot including at least 10 hours logged as a UAS pilot with a 

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

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

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

operations under the exemption. For clarification, the FAA considers 

these minimum hour requirements to be inclusive rather than additive; 

i.e. 5 hours make and model time may be included in the 10 hours of 

multi-rotor time and the 10 hours may be included in the total 25 hours 

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

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

currency purposes). The FAA finds that at a minimum, the flight-hour 

requirements in Exemption No. 11062 are appropriate to practice and 

build proficiency in the skills necessary to safely conduct the petitioner’s 

proposed operations. The FAA also finds that prior documented flight 

experience that was obtained in compliance with applicable regulations 

would satisfy this requirement. Training, proficiency, and experiencebuilding flights can also be conducted under the grant of exemption to 

accomplish the required flight time. During training, proficiency, and 

experience-building flights the PIC is required to operate the UA with 

appropriate distances in accordance with 14 C.F.R 91.119. 

Exemption No. 11138 at page 15. 

Accordingly, All Flight UAV will ensure safe operations by not 

allowing any PIC to operate the DJI Phantom 3, DJI Inspire 1 or DJI 

S900 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, DJI Inspire 1 or DJI S900 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, All Flight UAV will ensure that 

the DJI Phantom 3, DJI Inspire 1 or DJI S900 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 

91.19 Would Not Adversely Affect Safety. 

Prior to conducting UAS specific operations, all persons not essential to 

flight operations (nonparticipating persons) must remain at appropriate 

distances. In open areas, the UA will remain 500 feet from all persons 

other than essential flight personnel (i.e. the PIC and VO). If barriers or 

structures are present that can sufficiently protect nonparticipating 

persons from debris in the event of an accident, then the UA may 

operate closer than 500 feet to persons afforded such protection. All 

Flight UAV will 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. The primary concern, when considering how to 

immediately cease operations, is the safety of those nonparticipating 

persons. Operations may be conducted closer than 500 feet to vessels, 

vehicles and structures when the land owner/controller grants such 

permission and the PIC makes a safety assessment of the risk of 

operating closer to those objects.
5. 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, DJI 

Inspire 1 and DJI S900 UASs 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 All Flight 

UAV’s operation of the DJI Phantom 3, DJI Inspire 1 and DJI S900

UASs 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). 

6. Reasons Why An Exemption From The Requirements Of Section 

91.151(a) & (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(a) and (b) as a result of (1) the 

technical specifications of the DJI Phantom 3, DJI Inspire 1 and DJI 

S900 UASs; (2) the limitations on the proposed flight operations; and (3) 

the location of the proposed flight operations. Accordingly, All Flight 

UAV will ensure that it will safely operate the battery powered DJI 

Phantom 3, DJI Inspire 1 and DJI S900 UAS during daylight hours in 

VFR conditions, with enough battery power to fly for a total duration of 

23 minutes. 

Here, as in Exemption No. 11109, the technical specifications of the DJI 
Phantom 3, DJI Inspire 1 and DJI S900 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, DJI Inspire 1 and DJI S900 UASs provide audible and visual 

warnings to the PIC at the GCS when the UAS experiences low battery 

voltage, the first warning occurring at approximately 33% remaining 

battery power, and again at approximately 10% remaining battery 

power. At the critically low battery level, the DJI Phantom 3, DJI Inspire 

1 and DJI S900 UASs will descend and land automatically. 

Significantly, previous exemptions granted by the FAA concerning 

Section 91.151 establish that safety is not adversely affected when the 

technical characteristics and operating limitations of the UAS are 

considered. Relief has been granted for manned aircraft to operate at less 

than the minimums prescribed in Section 91.151, including Exemption 

Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted 

relief from Section 91.151 specific to UAS, in circumstances similar, in 

all material respects, to those presented herein (e.g. Exemption Nos. 

8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067,

11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 

11158, 11159, 11160, 11161). 

7. 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, All Flight UAV 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 All 

Flight UAV 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., All 

Flight UAV Aerial Operations Manual, Monthly Maintenance Log, and 

DJI Phantom 3, DJI Inspire 1 and DJI S900 Instruction Manual). 
Furthermore, All Flight UAV will document and maintain all 

maintenance records for the DJI Phantom 3, DJI Inspire 1 and DJI S900

UASs. 

Since the DJI Phantom 3, DJI Inspire 1 and DJI S900 UASs will be 

inspected as prescribed by the operating documents, All Flight UAV will 

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

91.409(a)(1), and 91.409(a)(2). A copy of the DJI Phantom 3, DJI 

Inspire 1 and DJI S900 User Manuals are attached hereto as Appendix 

A, B and C.

Likewise, the exemption sought will not adversely affect safety because 

All Flight UAV will use trained technicians to perform maintenance, 

alterations or preventive maintenance on the UAS using the methods, 

techniques, and practices prescribed by the operating documents. 

Furthermore, the exemption sought would maintain an equivalent level 

of safety established by Sections 91.407, 91.417(a) and 91.417(b), 

because all maintenance of the DJI Phantom 3, DJI Inspire 1 and DJI 

S900 UASs will be performed by trained technicians. Maintenance will 

be documented and maintained utilizing the monthly maintenance log. 

Significantly, previous exemptions granted by the FAA concerning 

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

(b) establish that safety is not adversely affected when the technical 

characteristics and operating limitations of the UAS are considered. 

In consideration of All Flight UAV’s proposed operating limitations, the 

operating documents, and the technical aspects of the DJI Phantom 3, 

DJI Inspire 1 and DJI S900 UASs, All Flight UAV 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). 

8. 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, 

All Flight UAV requests that the FAA prescribe special conditions for 

the intended operation of the DJI Phantom 3, DJI Inspire 1 and DJI S900

UASs, which contain such safety standards that the Administrator finds 

necessary to establish a level of safety equivalent to that established by 

14 C.F.R part 21; 61.113(a) & (b), 91.7(a), 91.119, 91.121, 91.151(a), 

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

Such special conditions will permit safe operation of the UAS for the 

limited purpose of conducting aerial video and photography over certain 

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

sets forth the requirements for considering whether a UAS will create a 

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

national security; and further, provides the authority for such UAS to 

operate without airworthiness certification in accordance with any 

requirements that must be established for the safe operation of the UAS 

in the NAS. 

Likewise, the Administrator may prescribe special conditions pursuant 

to 14 C.F.R. § 21.16, for operation of the DJI Phantom 3, DJI Inspire 1

and DJI S900 UASs, since the airworthiness regulations of 14 C.F.R. 

Part 21 do not contain adequate or appropriate safety standards, due to 

the novel or unusual design features of the aircraft. Section 21.16, 

entitled Special Conditions, states the following: 

If the FAA finds that the airworthiness regulations of this 

subchapter do not contain adequate or appropriate safety standards 

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

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

prescribes special conditions and amendments thereto for the 
product. The special conditions are issued in accordance with Part 

11 of this chapter and contain such safety standards for the aircraft, 

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

level of safety equivalent to that established in the regulations. 

See 14 C.F.R. § 21.16. 

Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 

21.16, the FAA may prescribe special conditions for All Flight UAV 

intended operation of the DJI Phantom 3, DJI Inspire 1 and DJI S900 

UASs, which contain such safety standards that the Administrator finds 

necessary to establish a level of safety equivalent to that established by 

14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 14 C.F.R part 21; 

61.113(a) & (b), 91.7(a), 91.119, 91.121, 91.151(a), 91.405(a), 

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

CONCLUSION

ALL FLIGHT UAV 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, DJI 

Inspire 1 and DJI S900 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 ALL FLIGHT UAV to 

safely, efficiently, and economically operate the DJI Phantom 3, DJI 

Inspire 1 and DJI S900 UASs commercially within the NAS. 

WHEREFORE, in accordance with the Federal Aviation Regulations 

and the FAA Modernization and Reform Act of 2012, Section 333, ALL 

FLIGHT UAV 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), 91.119, 91.121, 91.151(a), 91.405(a), 
91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit 

ALL FLIGHT UAV to operate the DJI Phantom 3, DJI Inspire 1 and DJI 

S900 UASs commercially for the purpose of conducting aerial video and 

photography over certain areas of the United States. 
Appendix A

DJI PHANTOM 3, DJI INSPIRE 1 and DJI S900 TECHNICAL 

SPECIFICATIONS 

All Flight UAV only utilizes safe and reliable UASs. DJI is an industry 

leader in small UAS production. DJI UASs are programed with 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 realtime 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 6000 mAh Lipo 2S

1.1.2 Weight (Battery & Propellers included) -2.82lbs (1280g)

1.1.3 Hover Accuracy (ready to Fly)-Vertical: 0.1m; Horizontal: 1.5m

1.1.4 Max Tilt Angel- 35

1.1.5 Max Ascent Speed- 5m/s; Max Descent Speed-3m/s

1.1.6 Max Flight Speed- 16m/s (Not Recommended) 

1.2 GIMBAL

1.2.1 Control Accuracy- ±0.03 

1.2.2 Controllable Range Pitch-90

1.3 Camera

1.3.1. Operating Temperature Range- 32F-104F (oc-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- 1080 p x 720p

1.3.6 Recording field of View- 110/85
DJI Phantom 3 Website Manual Address 

http://www.dji.com/product/phantom-3/download

APPENDIX B

DJI Inspire 1

1.1 Aircraft

1.1.1 Model T600

1.1.2 Weight (Battery Include)-6.47lbs (2935g)

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

1.1.4 Max Tilt Angle- 35

1.1.5 Max Ascent Speed- 5m/s

1.1.6 Max Descent Speed- 4m/s

1.1.7 Max Flight Altitude- 4500m

1.1.8 Max Wind Resistance- 10m/s 

1.1.9 Max Flight Time- Approximately 18 minutes

1.1.10 Motor Model- DJI 3510

1.1.11 Propeller Model- DJI 1345

1.1.12 Dimensions- 17 1⁄4” x 17 3⁄4” x 12”

1.2 Gimbal

1.2.1 Model- ZENMUSE X3

1.2.2 Controllable Range- Pitch: 90 to +30; Pan: ± 320 

1.2.3 Mechanical Range- Pitch: -125 to 45; Pan ± 330

1.2.4 Max Controllable Speed- Pitch: 120/s; Pan: 180/s

1.3 Transmitter

1.3.1 Name- C1

1.3.2 Operating Frequency- 5.728-5.850 GHz; 2.400-2.483 GHz

1.3.3 Communicating Distance (unobstructed)- 2000m

1.3.4 Output Power-9W

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

1.3.6 Battery-600mAh LiPo 2S
DJI Inspire 1 Website Manual Address

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

Appendix C

DJI S900 Website Manual Address 

http://www.dji.com/product/spreading-wings-s900/download