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UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

Regulatory Docket No. __________

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

J.T. Skytography

LLC

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS 

OF TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS 

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

& (a)(2) AND 91.417(a) & (b) CONCERNING COMMERCIAL 

OPERATION OF DJ PHANTOM 2 VISION+ UNMANNED AIRCRAFT 

SYSTEMS

PURSUANT TO SECTION 333 OF 

(PUBLIC LAW 112-95) 

Submitted on August 10th, 2015

Jason Aymar

265 Main Street #618

Ridgefield Park, NJ 07660

Email: JTSkytography@aol.com
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TABLE OF CONTENTS

Page

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

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

INTRODUCTION AND INTERESTS OF PETITIONER.........................5

BACKGROUND............................................................................6

BASIS FOR PETITION...................................................................6

NAME AND ADDRESS OF PETITIONER..........................................9

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH J.T. SKYTOGRAPHY 

SEEKS EXEMPTION.............................................10

THE EXTENT OF RELIEF J.T. SKYTOGRAPHY LLC SEEKS AND THE 

REASON J.T. SKYTOGRAPHY SEEKS THE RELIEF..........................15

THE REASONS WHY GRANTING J.T. SKYTOGRAPHY LLC’S REQUEST 

WOULD BE IN THE PUBLIC INTEREST...........................................20

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT 

ADVERSELY AFFECT SAFETY......................................................24

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL 

REGISTER..................................................................................46
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ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS 

AVAILABLE TO SUPPORT J.T. SKYTOGRAPHY LLC’S REQUEST......47

CONCLUSION.............................................................................48

APPENDICES..............................................................................50

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 Certification of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

GCS Ground Control Station
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GPS Global Positioning System

LOL Loss of Link

NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot in Command

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

SO Safety Observer

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing

SUMMARY

Jason Aymar 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), 
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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 J.T. Skytography LLC to operate an Unmanned Aircraft System (UAS) 

for the purpose of conducting aerial video and photography of construction sites, 

real estate, special events, film sets, and landscape over certain areas of the United 

States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

J.T. Skytography LLC provides its clients with the highest quality digital use 

in their commercial, personal, and non-profit multimedia projects. Seeking to 

establish itself as a technological innovator in experimental multimedia to provide 

a quality product. J.T. Skytography LLC has over 2 years of hobby experience in 

all aspects of aerial video and photography. The objective of J.T.Skytography LLC 

aerial video and photography operations is to provide high quality imaging for a 

variety of commercial, public, and residential uses, specifically targeting:

 Aerial event photography

 Aerial event filming

 Film production

 Aerial location scouting and safety inspection

 Increase public knowledge of UAS and promote safe UAS operations
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BACKGROUND

J.T. Skytography LLC seeks an exemption to operate DJI systems for 

compensation or hire within the NAS. The DJI Phantom 3 is a vertical (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 3 pounds, while having a length of 16 inches, width of 16 

inches,height of 8 inches, and a maximum speed of 29 knots. The DJI Phantom 3 

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

electric motors. 

The DJI Phantom 3 UA that will be operated by J.T.Skytography LLC will 

be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft, as well 

as 14 C.F.R Part 47, Aircraft Registration, and marked in accordance with 14 

C.F.R Part 45, Identification and Registration Marking.

BASIS FOR PETITION

Petitioner, J.T. Skytography LLC, 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 
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Phantom 3 UAS in the National Airspace System (NAS), and for an exemption 

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

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

In consideration of the speed, weight, size, and limited operation area 

associated with the unmanned aircraft and its operation, J.T.Skytography LLC 

operation of DJI Phantom 3 UAS meets the conditions of FMRA Section 333 and 

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

Part 21, Subpart H.

Accordingly, J.T. Skytography LLC requests relief from the 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. 

J.T.Skytography LLC submits that the request relief is proper since an 

equivalent level of safety will be ensured. J.T.Skytography LLC will use 

experienced personnel or technicians to perform maintenance, alterations, or 

preventative maintenance on the UASs using the methods, techniques, and 

practices prescribed in the operating documents, (i.e., Monthly Maintenance Log, 

and DJI Phantom 3 Instruction Manual). Furthermore, J.T.Skytogtapy LLC will 

document and maintain all maintenance records for the DJI Phantom 3. 
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Relief from certain requirements of Section 61.113 (a) and (b) entitled 

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

J.T.Skytography LLC to the extent necessary to allow a Pilot in Command (PIC) 

holding a private pilot or higher level certificate, as well as an airman medical 

certificate, and who has demonstrated, by meeting minimum flight- hour and 

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

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

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

and structures. 

J.T.Skytography LLC seeks relief from Section 91.7(a), entitled Civil 

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

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

J.T.Skytography LLC submits that it will ensure that the DJI Phantom 3 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 Instruction Manual), and that the aircraft are in a condition safe for 

flight. 

J.T. Skytography LLC also seeks an exemption from the requirements of 

Section 91.121, entitled Altimeter Settings, as the DJI Phantom 3 UA will not have 

a typical barometric altimeter onboard. However, altitude information of the DJI 
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Phantom 3 UA 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 J.T.Skytography LLC’s operation of the DJI Phantom 

3 UAS within visual line of sight, at or below 500 feet AGL, will ensure a level of 

safety equivalent to Section 91.121. 

Additionally, J.T.Skytography LLC seeks an exemption from the 

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

conditions. J.T.Skytography LLC submits that safety will not be affected by 

operation of the DJI Phantom 3 UA 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 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. 

In accordance with 14 C.F.R. § 11.81, J.T.Skytography LLC provides the 

following information in support of its petition for exemption:

A. Name and Address of the Petitioner 

The name and address of the Petitioner and point of contact is:

Jason Aymar

265 Main St. #618
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Ridgefield Park, NJ 07660

Email: JTSkytography@aol.com

B. The specific Sections of 14 C.F.R. From Which J.T.Skytography LLC 

Seeks Exemption

1. J.T.Skytography LLC Seeks Exemption From the Requirements Of 

Section 61.113(a) And (b)

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

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

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

(PIC) of an aircraft that is carrying passengers or property for compensation or 

hire; nor may that person, for compensation or hire, act as PIC of an aircraft.

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

connection with any business or employment if1. 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. J.T.Skytography LLC Seeks Exemption From The Requirements Of 

Section 91.7(a)

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

a. No person may operate a civil aircraft unless it is in an airworthy condition.
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3. J.T.Skytography LLC Seeks Exemption From The Requirements of Section 

91.121,

Section 91.121, entitled Altimeter Settings, subsection (a), states the following, in 

part:

a. Each person operating an aircraft shall maintain the cruising altitude of 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 nautical miles of the aircraft;

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

this section, the current reported altimeter setting of an appropriate available 

station; or

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

departure airport or an appropriate altimeter setting available before departure. 

4. J.T.Skytography LLC Seeks Exemption from the Requirements of Section 

91.151(b).

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

(b), states the following:
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(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. J.T.Skytography LLC Seeks Exemption from the Requirements of Section 

91.405(a)

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

Each owner or operator of an aircrafta. 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. J.T.Skytography LLC Seeks Exemption from the Requirements of Section 

91.407(a)(1)

Section 91.407, entitled Operation after maintenance, preventive maintenance, 

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

a. No person may operate any aircraft that has undergone maintenance, 

preventive maintenance, rebuilding, or alteration unless--

1. It has been approved for return to service by a person authorized under § 

43.7 of this chapter[.]
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7. J.T.Skytography LLC Seeks Exemption from the Requirements of Sections 

91.409(a)(1) and 91.409(a)(2).

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

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

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

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

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

chapter; or

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

with part 21 of this chapter. 

8. J.T.Skytography LLC Seeks Exemption from the Requirements of Sections 

91.417(a) and 91.417(b).

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

following:

a. Except for work performed in accordance with §§ 91.417 and 91.413, each 

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

specified in paragraph (b) of this section:

1. Records of the maintenance, preventative 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 
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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, each 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 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 
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directive number and revision date. If the AD or safety directive involves recurring 

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

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

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

and appliances. 

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

prescribed:

1. The records specified in paragraph (a)(1) of this section shall be retained 

until the work is repeated or superseded by other work for the 1 year after 

the work is performed. 

2. The records specified in paragraph (a)(2) of this section shall be retained and 

transferred with the aircraft at the time the aircraft is sold.

3. A list of defects furnished to a registered owner or operator under § 43.11 of 

this chapter shall be retained until the defects are repaired and the aircraft is 

approved for return to service.

C. The Extent of Relief J.T.Skytography LLC Seeks and the Reason 

J.T.Skytography LLC Seeks the Relief.

1. Extent of Relief J.T.Skytography LLC Seeks and the Reason 

J.T.Skytography LLC Seeks Relief from Section 61.113(a) and (b).
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Relief from Section 61.113 (a) and (b) entitiled Private pilot priveleges and 

limitations: Pilot in command, is requested to the extent necessary to allow a PIC 

holding a private pilot or higher level certificate, and who has met certain flighthour 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, J.T.Skytography LLC submits that an 

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

operate the DJI Phantom 3 UAS UA unless that PIC has met certain flight-hour 

and currency requirements, demonstrating that the PIC is able to safely operate

either the DJI Phantom 3 UAS in a manner consistent with the operations 

specifications as described in this exemption, including evasive and emergency 

maneuvers, as well as maintaining appropriate distances from people, vessels, 

vehicles and structures. 

Further, J.T.Skytography LLC submits that all flights of the DJI Phantom 

UAS, conducted by the PIC pursuant to the grant of this petition: (1) will be 
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incidental to J.T.Skytography LLC business; and (2) will not carry passengers or 

property for compensation or hire. 

2. Extent of Relief J.T.Skytography LLC Seeks and J.T.Skytography 

LLC Seeks Relief from Section 91.7(a).

Relief from Section 91.7(a) entitled Civil Aircraft Worthiness, is requested 

to the extent required to allow J.T.Skytography LLC to determine that the DJI 

Phantom 3 UAS are in airworthy condition prior to every flight by ensuring that 

the UAS is in compliance with the operating documents (i.e, the J.T.Skytography 

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

Instruction Manual).

J.T.Skytography LLC seeks the requested relief because the DJI Phantom 3 

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

Part 21, Subpart H. Therefore, J.T.Skytography LLC will ensure that the DJI 

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

operating documents (i.e. Monthly Maintenance Log, and DJI Phantom 3 

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 J.T.Skytography LLC Seeks and the Reason 

J.T.Skytography LLC Seeks Relief from Section 91.121.
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Relief from Section 91.121, entitled Altimeter settings, may be required to 

allow flight operations of the DJI Phantom 3, 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) J.T.Skytography LLC seeks the requested relief because the DJI Phantom 3 

UA’s altimeter may be set on the ground zero feet AGL, rather than the local 

barometric pressure or field altitude, before each flight. 

Considering the limited altitude of the proposed operations, relief from 14 

CFR 91.121 is sought to the extent necessary to comply with the applicable 

conditions and limitations stated below. AS more fully set forth herein, an 

equivalent level of safety will be maintained since the DJI Phantom 3 UAs are 

equipped with a barometric pressure sensor and GPS equipment, which 

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

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

heads-up display of the GCS. 

4. Extent of Relief J.T.Skytography LLC Seeks and the 

J.T.Skytography Relief from Section 91.151(b).
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Relief from Section 91.151(b) entitled Fuel Requirements for Flight in VFR 

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

powered DJI Phantom 3 UAs during daylight hours in a visual meteorological 

conditions (VMC), under visual flight rules (VFR), 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. J.T.Skytography LLC seeks the requested 

relief because without an exemption from section 91.151(b), the flight time 

duration of the battery powered DJI Phantom 3 UA will severely constrain the 

practicality of any aerial video or still photo flight operations that J.T.Skytography 

proposes to conduct pursuant to the petition. 

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

Phantom 3 UAS, the DJI Phantom 3 operating documents, and J.T.Skytography 

LLC’s proposed operating limitations, ensure that J.T.Skytography LLC will safely 

the battery powered DJI Phantom 3 UAs during daylight hours in visual 

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

battery power to fly for a total duration of 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. 
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5. Extent of Relief J.T.Skytography LLC Seeks and J.T.Skytography 

LLC Seeks Relief from Sections 9.1405(a), 91.407(a)(1), 91.409(a)(1), and 

91.417 (a) & (b).

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

only apply to aircraft with an airworthiness certificate, J.T.Skytography LLC 

requests relief from these sections because the DJI Phantom 3 UAS does not 

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

UAS meets the conditions of FMRA Section 333 for operation without an 

airworthiness certificate. Accordingly, J.T.Skytography LLC will use trained 

technicians to maintenance, alterations, or preventative maintenance on the UASs 

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

documents (i.e., the J.T.Skytography LLC Aerial Operations Manual, Monthly 

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

J.T.Skytography LLC will document maintenance records for the DJI Phantom 3 

UAS.

D. The Reasons Why Granting J.T.Skytography LLC Request Would Be In 

The Public Interest; That is, How It Would Benefit The Public As A Whole

Granting the present petition will further the public interest by allowing 

J.T.Skytography to safely, efficiently, and economically perform aerial video and 
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photography of special events, film sets, and landscape over certain areas of the 

United States. 

Additionally, use of the DJI Phantom 3 UAS will decrease congestions of 

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

Notably, the benefits of J.T.Skytography LLC’s proposed operation of the DJI 

Phantom UAS will be realized without implicating any private issues. 

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

The DJI Phantom 3 UA are battery powered and serve as a safe, efficient, 

and economical alternative to the manned aircraft traditionally utilized to obtain 

aerial imagery. By reducing the amount of manned aircraft needed to perform 

aerial acquisitions, an exemption allowing the use of a DJI Phantom 3 UAS would 

reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, 

as well as increase the safety of life and property in the air and on the ground.

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

NAS, congestion around airports caused by arriving and departing aircraft will be 

reduced. The DJI Phantom 3 UA do not require an airport to take off 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, take off, departure, arrival, and landing phases of flight 

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

Phantom 3 UAS.

Conducting aerial acquisitions with the DJI Phantom 3 UAS, instead of 

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

air and noise pollution generated during traditional aerial video and still 

photography flight operations. By using battery power and electric motors, the DJI 

Phantom 3 UAS produce no air pollution, and is the most viable environmentally 

conscious alternative to the cabin class, six cylinder internal combustion engine 

aircraft that are typically utilized for aerial video and photography, while burning 

approximately 20-30 gallons per hour of leaded aviation fuel. The DJI Phantom 3 

UA, while reducing the carbon footprint of aerial acquisitions, also eliminates 

noise pollution, as the UAs are propelled by battery powered electric motors, rather 

than an internal combustion engine. 

By using the DJI Phantom 3 UAS to perform aerial acquisitions, the 

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

associated with traditional manned aircraft flight operations, will be substantially 

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

located onboard the aircraft, the DJI Phantom 3 UA (weighing approximately 3 lbs 

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

17.7 inches respectively, and with no fuel onboard), has less physical potential for 
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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 fuel capacity of 180 gallons)

3. Performing Aerial Video and Photography Operation With The DJI 

Phantom 3 UAS Will Benefit The Economy. 

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

economical alternative to using manned aircraft to conduct similar aerial 

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

based companies like J.T.Skytography LLC, to remain competitive and contribute 

to growth of the U.S. economy. Specifically, with the rising cost of aviation fuel 

and the Environmental Protection Agency (EPA) regulatory actions phasing out 

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

alternative technology in order to remain competitive. Operating the battery 

powered DJI Phantom 3 UAS is one such technology that not only allows 

companies greater operational flexibility compared to manned aircraft, but 

provides such flexibility without the high operational cost of a traditional manned 

aircraft. 

By operating the DJI Phantom 3 UAS, companies such as J.T.Skytography 

LLC, can remain competitive and profitable, and therefore, provide greater job 
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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, 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, J.T.Skytography LLC proposed operation of the DJI 

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

Phantom 3 UAS will be operated only in compliance with operating documents 

(i.e., the J.T.Skytography LLC Aerial Operations Manual, Monthly Maintenance 

Log, and DJI Phantom 3 Instruction Manual) which requires property owner 

involvement as well as local law enforcement notification, and in accordance with 

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 J.T.Skytography LLC 

Seeks Exemption.
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1. Reasons Why Granting The DJI Phantom 3 UA 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, J.T.Skytography 

LLC operation of the DJI Phantom 3 UAS meet the conditions of FMRA 

Section 333, and will not require and 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 as 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. 
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b. Assessment of Unmanned Aircraft Systems--In making the determination 

under section (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 not operate safely in the 

national airspace system, the Secretary shall establish requirements for the safe 

operation of such aircraft systems in the nation airspace system.

In seeking this exemption, J.T.Skytography LLC submits that the DJI 

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

demonstrated by (a) the characteristics of the DJI Phantom 3 UAS, (b), the pilot 

certification requirement, and (c), the specific operation limitations. 
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a. The Specifications of the DJI Phantom 3 UAS Demonstrate its Safe 

Characteristics.

The DJI Phantom 3 UAS does not create a hazard to users of the NAS or the 

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

speed, and operational capability. 

i. Technical Specifications Of the DJI Phantom 3 UAS.

The technical specifications of the DJI Phantom 3 UAS is set forth by the 

DJI Phantom 3 Specifications and Data Sheet, attached hereto as Exhibit A.

ii. The DJI Phantom 3 UAS autonomous Flight And Navigation 

Modes Enable The UAS to Remain Within a Defined Operational Area.

The DJI Phantom 3 UAS 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 is provided at pages 25-35 of the 

DJI Phantom 3 User Manual, attached here as Exhibit B. 

iii. The DJI Phantom 3 UAS Are Designed For Automatic Return 

To Home Point Or Hover In The Event Of Loss Of The Control Link Or 

Navigation. 

When the Control Link is lost, the DJI Phantom 3 UA will remain stationary, 

in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 3 UA does not 

reacquire control link data from the GCS, the UA will assume that the Control 
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Link is lost and the UA 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 of the DJI Phantom 3 User Manual, attached 

hereto as B. 

iv. The DJI Phantom 3 GCS And Its Operation.

A complete description of the operation and specifications of the DJI 

Phantom 3 GCS and flight control software is provided at pages 32 through 43 of 

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

exhibit B.

b. Flight Operations Of DJI Phantom 3 UAS Are Limited Yo The 

Line Of Sight Of A Certified Pilot in Command With A Safety Observer.

J.T.Skytography LLC will only utilize certificated pilots who possess a valid 

airman medical certificate to act as a pilot in command (PIC) of the DJI Phantom 3 

UAS. Additionally, a safety observer will assist all pilots during flight time.

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

Specific Operating Limitations. 

In seeking this exemption, proposes to commercially operate DJI Phantom 3 

UAS for the special purpose of conducting aerial video and photography over 
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certain areas of the United States, pursuant to the following specific operating 

limitations:

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

following aircraft described in the operating documents, rotorcraft UASs 

weighing less than 55 pounds maximum gross weight: DJI Phantom 3 

Unmanned Aircraft System. Proposed operations of any other aircraft will 

require a new petition or a petition to amend this grant.

2. UAS operations under this exemption will be limited to conducting 

operations for the purpose of aerial video and photography.

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

4. The UA must be operated at an altitude of no more than 500 feet above 

ground level (AGL), as indicated by the procedures specified in the 

operating documents unless a special request is made and approved by ATC. 

All altitudes reported to ATC must be in feet AGL.

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 FAAissues airman medical certificate.

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

permitted.
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7. All operations must utilize a safety observer. 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 
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documents to the Administrator upon request. The operator must also 

present updated and revised documents if its 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 in flight. The PIC who conducts 

the functional test in flight must make an entry in the aircraft records.
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12.The pre-flight inspection must account for all potential discrepancies, e.g. 

inoperable components, items, 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. 
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18.The operator may not permit any PIC to operate unless the PIC meets the 

operators 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 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 non-participants, 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 
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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 

predetermined location within the planned operating area and land or be 

recovered in accordance with 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 
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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 

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.
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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 non participating 

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

ensure that non participating persons remain under such protection. If a situation 

arises where non participating 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 
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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 wesbite: www.ntsb.gov .

2. Reasons Why An Exemption From The Requirements Of Section 

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

J.T.Skytography LLC submits that the equivalent level of safety established 

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

operate the DJI Phantom 3 UAS unless that PIC has demonstrated, by meeting 

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

operate the DJI Phantom 3 UAS in a manner consistent with the exemption, 

including evasive and emergency maneuvers and maintaining appropriate 

distances from people, vessels, vehicles, and structures. 

Considering J.T.Skytography LLC proposed area of operations, and the 

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

knowledge requirements to those of commercial pilot requirements (See exemption 

No. 11062); and the airmanship skills necessary to safely operate the DJI Phantom 

3 UAS, J.T.Skytography LLC submits that the additional manned airmanship 

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

skills necessary for J.T.Skytography LLC specific proposed flight operations. 
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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).

J.T.Skytography LLC will not allow any PIC to operate the DJI Phantom 3 

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

requirements or the DJI Phantom 3 UAS training and currency requirements, that 

the PIC is able to safely operate the DJI Phantom 3 UAS in a manner consistent 

with this exemption, including evasive and emergency maneuvers and maintaining 

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

Specifically, the PIC must have accumulated and logged, in a manner 

consistent with 14 C.F.R. § 61.151(b), 25 hours of total time as a UAS rotorcraft 

pilot (with a minimum of 5 hours of those 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 J.T.Skytography LLC proposed operations. 
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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 C.F.R. 

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 with applicable regulations would satisfy this requirement. 

Training, proficiency, and experience-building flights can also be conducted under 
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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, J.T.Skytography will ensure safe operations by not 

allowing any PIC to operate the DJI Phantom 3 UAS unless that PIC has 

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

the PIC is able to safely operate the DJI Phantom 3 UAS in a manner consistent 

with the exemption, including evasive and emergency maneuvers and maintaining 

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

3. Reasons Why An Exemption From The Requirements Of Section 

91.7(a) Would Not Adversely Affect Safety

The equivalent level of safety established by Section 91.7(a) will be 

maintained because prior to every flight, J.T.Skytography LLC will ensure that the 

DJI Phantom 3 UAS is in 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 with similar, in all material respects, to those 

presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 
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11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 

11159, 11160, 11161).

4. Reasons Why An Exemption From The Requirements Of Section 

91.121 Would Not Adversely Affect Safety.

The equivalent level of safety established by Section 91.121 will be 

maintained because the altitude information of the DJI Phantom 3 UA 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 altitiude information, combined with J.T.Skytograpghy 

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

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

altitude information will be generated by GPS equipment installed onboard the 

aircraft. Prior to each flight, a zero altitude initiation point is automatically 

established by the UASs at ground level. 

The FAA has previously granted relief from Section 91.121 specific to UAS, 

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

Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 

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

5. Reasons Why An Exemption From The Requirements Of Section 

91.151(b) Would Not Adversely Affect Safety. 
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A grant of this exemption would ensure an equivalent level of safety 

established by 14 C.F.R. Section 91.151(b) as a result of (1) the technical 

specifications of the DJI Phantom 3 UAs; (2) the limitations on the proposed flight 

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

J.T.Skytography will ensure that it will safely operate the battery powered DJI 

Phantom 3 UA during daylight hours in VFR conditions, 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.

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

Phantom 3 UAS; the limitations on the proposed flight operations; and the location 

of the proposed operations, will ensure an equivalent level of safety established by 

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

Phantom 3 UAS provide audible and visual warnings to the PIC at the GCS when 

the UAs experience low battery voltage, the first warning occurring at 

approximately 33% remaining battery power, and again at approximately 10% 

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

UAS will descend and land automatically. 

Significantly, previous exemptions granted by the FAA concerning Section 

91.151 establish that safety is not adversely affected when the technical 
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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 

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, 11159, 11160, 11161).

6. Reasons Why An Exemption From The Requirements Of Sections 

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) Would Not 

Adversely Affect Safety.

In seeking this exemption, J.T.Skytography LLC submits that the equivalent 

level of safety with regard to the regulatory maintenance and alteration 

requirements established by Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & 

(a)(2), and 91.417(a) & (b) will be met because J.T.Skytography LLC will use 

trained technicians to perform alterations, or preventative maintenance on the UAS 

using methods, techniques, and practices prescribed in the operating documents 

(i.e., the J.T.Skytography Aerial Operations Manual, Monthly Maintenance Log, 

and DJI Phantom 3 Instruction Manual). Furthermore, J.T.Skytography LLC will 

document and maintain all maintenance records for the DJI Phantom 3 UAS. 
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Since the DJI Phantom 3 UAS will be inspected as prescribed by the 

operating documents, J.T.Skytography LLC will maintain the equivalent level of 

safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of 

the DJI Phantom 3 User Manuals are attached hereto as Exhibit B; a copy of the 

DJI Phantom 3 UAS Maintenance LOG is attached hereto as Exhibit C.

Likewise, the exemption sought will not adversely affect safety because 

J.T.Skytography LLC will use trained technicians to perform maintenance, 

alterations, or preventative 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 961.417(b), because all 

maintenance of the DJI Phantom 3 UAS will be performed by trained technicians. 

Maintenance will be documented and maintained utilizing the monthly 

maintenance log. 

Significantly, previous exemptions granted by the FAA concerning sections 

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

safety is not adversely affected when the technical characteristics and operating 

limitations of the UAS are considered. 

In consideration of J.T.Skytography LLC proposed operating limitations, the 

operating documents, and the technical aspects of the DJI Phantom 3 UAS, 
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J.T.Skytography submits that safety will not be adversely affected by granting 

exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), 

and 91.417 (a) & (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, 111080, 11109, 

11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 

11161). 

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

In accordance with Section 333 of the FAA Modernization and Reform Act 

of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, 

J.T.Skytography LLC requests that the FAA prescribe special conditions for the 

intended operation of the DJI Phantom 3 UAS, which contain such safety standards 

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

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

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

91.417(a) & (b). Such special conditions will permit safe operation of the UAs for 

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

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

requirements for considering whether a UAS will create a hazard to users of the 

NAS or the public, or otherwise pose a threat to national security; and further, 
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provides the authority for such UAS to operate without airworthiness certification 

in accordance with any requirements that must be established for the safe operation 

of the UAS in the NAS.

Likewise, the Administrator may prescribe special conditions pursuant to 14 

C.F.R. § 21.16, for operation of the DJI Phantom 3 UAS, since the airworthiness 

regulations of the 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 & Section 

21.16, the FAA may prescribe special conditions for Leading Edge’s intended 

operation of the DJI Phantom 3 UAS, which contains such safety standards that the 
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Administrator finds necessary to establish a level of safety equivalent to that 

established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R. Sections 61.113(a) & 

(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1) & (a)(2), and 91.417(a) & 

(b).

F. A Summary That Can Be Published In The Federal Register, stating: 

The Rules From Which J.T.Skytography LLC Seeks Exemption:

J.T.Skytography LLC seeks exemption from the requirements of 14 C.F.R. 

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

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

A Brief Description Of The Nature Of The Exemption J.T.Skytography 

LLC Seeks:

This exemption will permit J.T.Skytography LLC to commercially operate an 

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

photography over certain areas of the United States.

G. Any Additional Information, Views, Or Arguments Available To 

Support J.T.Skytography LLC Request.

This petition is made pursuant to the FAA Modernization and Reform Act 

2012 (FMRA) Section 333, which directs the Secretary of Transportation to 

determine if certain UAS may operate safely in the NAS. As such, 
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J.T.Skytography LLC request for exemption may be granted pursuant to the 

authority of FMRA Section 333 and 14 C.F.R. Part 11, as set forth above.

FMRA Section 333 sets forth the requirements for considering whether a 

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

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

operate without airworthiness certification. 

As discussed in detail above, J.T.Skytography LLC will operate the DJI 

Phantom 3 UASs safely in the NAS, without creating a hazard to users of the NAS, 

or the public, or otherwise pose a threat to national security.

CONCLUSION

As set forth herein, J.T.Skytography LLC seeks an exemption pursuant to 14 

C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act of 

2012 (FMRA), which will permit safe operation of the DJI Phantom 3 UAS 

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

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

By granting this Petition, the FAA Administrator will be fulfilling the 

Congressional mandate of the FAA Modernization and Reform Act of 2012, while 

also advancing the interests of the public, by allowing J.T.Skytography to safely, 

efficiently, and economically operate the DJI Phantom 3 UAS commercially within 

the NAS.
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WHEREFORE, in accordance with the Federal Aviation Regulations and 

the FAA Modernization and Reform Act of 2012, Section 333, J.T.Skytography 

LLC respectfully requests that the Administrator grant this Petition for an 

exemption from the requirements of 14 C.F.R. Sections 61.113(a)&(b), 91.7(a), 

91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 

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

commercially for the purpose of conducting aerial video and photography over 

certain areas of the United States

Dated: September 3, 2015

Respectfully Submitted,

Jason Aymar

_______________

Jason Aymar 

J.T.Skytography LLC

265 Main St. #618

Ridgefield Park, NJ 07660

Email: JTSkytography@aol.com
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Appendices:

A- DJI Phantom 3 Specifications Data Sheet

B- DJI Phantom 3 Manufacturer’s User Manual

C- Monthly Maintenance Log

APPENDIX-A

DJI PHANTOM 3 TECHNICAL SPECIFICATIONS

J.T.Skytography Media LLC only utilizes safe and reliable UASs. DJI is an 

industry leader in small UAS production. DJI UASs are loaded with ground 

breaking software enabling the user to set parameters which will not allow flight 

into controlled airspace. Parameters can also be set to limit flight to no higher than 

a predetermined and set altitude as well as limit flight to a predetermined and set 

distance. In addition, DJI software provides real-time altitude and location 

information to the PIC via the linked monitor (smart phone/tablet devices)

1.1 DJI Phantom 3

1.1.1 Aircraft

1.1.1.1. Supported Battery- DJI 5200mAH LiPo Battery

1.1.1.2 Weight (Battery & Propellers Included)-3lbs0oz

1.1.1.3 Hover Accuracy (Ready to fly)- vertical: .8m; horizontal: 2.5m
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1.1.1.4 Max Yaw Angulary Velocity- 200 0/s

1.1.1.5 Max Tilt Angel- 35 ゚

1.1.1.6 Max Ascend Speed- 6m/s

1.1.1.7 Max Descend Speed- 2m/s

1.1.1.8 Max Flight Speed- 15m/s (NOT RECOMMENDED)

1.1.2 Gimbal

1.1.2.1 Working Current- Static: 750mA: Dynamic: 900mA

1.1.2.2 Control Accuray- ±0.03°

1.1.2.3 Controllable Range- Pitch: -90°-0°

1.1.2.4 Maximum Angular Speed- Pitch: 90 0/s

1.1.3 Camera

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

1.1.3.2 Sensor Size- 1/2.3”

1.1.3.3 Effective Pixels- 14M

1.1.3.4 Resolution- 4384x3288

4.1.3.5 HD Video Recording- 1080p30 & 720p

4.1.3.6 Recording Field of View- 110°/85°

1.1.4 Transmitter

1.1.4.1 Operating Frequency- 5.728GHz-5.85GHz
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1.1.4.2 Communication Distance (unobstructed)-DCC Compliance: 

 800m

1.1.4.3 Receiver Sensisitivity (1%PER) - -93dBm

1.1.4.4 Transmitter Power- FCC Compliance: 100mW

1.1.4.5 Working Voltage- 120mA@3.7V

1.1.5 Range Extender

1.1.5.1 Operating Frequency- 2412-2462MHz

1.1.5.2 Communication Distance (unobstructed)- 500-700m

1.1.5.3 Transmitter Power-20dBm

1.1.5.4 Power Consumption-2W
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APPENDIX-B

DJI Phantom 3 Manufacturer’s User Manual
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APPENDIX-C

MONTHLY MAINTENANCE LOG

Month______Year_____

UAS #: DATE ISSUE 

DISCOVERED

DATE ISSUE 

ADDRESSED

ISSUE DESCRIPTION 

& MAINTENANCE 

CONDUCTED

MAINTENANCE 

PERFORMED BY: 

print & sign

Software 

Updates

Airframe

Engines

Propellers

Camera 

Gimbel

Landing 

Gear

Vibration 

Dampening

Other:

Jason Aymar

J.T.Skytography LLC

265 Main St #618

Ridgefield Park, NJ 07660

Email: JTSkytography@aol.com