November 30, 2015

U.S. Department of Transportation

Docket Operations, M-30

1200 New Jersey Avenue, SE

Room W12-140, West Building Ground Floor

Washington, DC 20590-0001

Re: Petition of UAS Aerial Video Photography, LLC for an Exemption Pursuant to Section 

333 of the FAA Modernization and Reform Act of 2012 to Operate an Unmanned 

Aircraft System

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) 

and 14 C.F.R. Part 11, UAS Aerial Video Photography hereby applies for an exemption from the 

Federal Aviation Regulations identified below to allow for the commercial operation of the DJI 

PHANTOM 3 (“the PHANTOM”) which is manufactured by DJI Innovations.

Summary Grant Approval Request

The petitioner requests the agency issue a summary grant for this application. The DJI Phantom 

3 has been approved on numerous petitions. In addition the petitioner is requesting to utilize the 

Phantom 3 for the same purposes as over 1,000 other exemptions that pertain to videography and 

photography.

I. REGULATIONS FOR WHICH EXEMPTION IS REQUESTED

UAS Aerial Video Photography requests exemption from the following regulations:

 14 C.F.R Part 21, Subpart H;

 14 C.F.R Part 27;

 14 C.F.R § 45.23(b);

 14 C.F.R. § 45.27(a);

 14 C.F.R § 61.113;

 14 C.F.R § 91.7(a);

 14 C.F.R § 91.9(b)(2);

 14 C.F.R § 91.9(c);

 14 C.F.R § 91.103;

 14 C.F.R § 91.109(a);

 14 C.F.R § 91.119;

 14 C.F.R § 91.121;

 14 C.F.R § 91.151(a);

 14 C.F.R § 91.203 (a) & (b);

 14 C.F.R § 91.405(a);
 14 C.F.R § 91.407(a)(l);

 14 C.F.R § 91.409(a)(2);

 14 C.F.R § 91.417 (a) & (b).

II. STATUTORY AUTHORITY FOR REQUESTED EXEMPTIONS

This petition for exemption is submitted in accordance with Section 333 of the Reform Act. 

Congress has directed the FAA “to safely accelerate the integration of civil unmanned aircraft 

systems into the national airspace system.” Pursuant to Section 333 of the Reform Act, the FAA 

Administrator is to permit operation of an unmanned aircraft system where it does not create a 

hazard to users of the national airspace system (NAS) or the public or pose a threat to national 

security based on the following considerations:

 The size, weight, speed and operational capability;

 Operation in proximity to airports and populated areas; and

 Operation within visual line of sight of the operator.

Furthermore, the Federal Aviation Act grants the FAA Administrator general authority to grant 

exemptions from the agency’s safety regulations and minimum standards when the 

Administrator decides a requested exemption is in the public interest. See 49 U.S.C. §§ 

106(f), 44701-44716, et seq. A party requesting an exemption must explain the reasons why the 

exemption: (1) would benefit the public as a whole, and (2) would not adversely affect safety or 

how it would provide a level of safety at least equal to the existing rules. 14 C.F.R. § 11.81.

III. DESCRIPTION OF UAS AERIAL VIDEO PHOTOGRAPHY AND ITS 

SERVICES

UAS Aerial Video Photography seeks to utilize UAV's in order to provide aerial imaging, 

photography, videography and cinematography. UAS Aerial Video Photography focuses on 

private and public events such as weddings, festivals, concerts, bar/bat mitzvahs, birthday

parties, church gatherings, and other special occasions. UAS Aerial Video Photography also 

intends to provide aerial photos and videos for real estate brokers, builders, and other relevant 

businesses, so they can operate their businesses more efficiently. 

The contact information for the petitioner, UAS Aerial Video Photography is as follows:

Roxana Bowgen

Principal

UAS Aerial Video Photography

29 Sachem Lane

Greenwich, CT 06830

IV. DESCRIPTION OF PROPOSED OPERATIONS

UAS Aerial Video Photography is requesting exemptions from applicable Federal Aviation 

Regulations (FARs) pursuant to Section 333 of the Reform Act to perform aerial photography 
and videography. UAS Aerial Video Photography seeks to use the UAS to perform the 

following services marketing and promotional work in, but not limited to, real estate

construction, development, appraisals, tourism, instruction, preservation and conservation.

A. The Aircraft

UAS Aerial Video Photography will operate the DJI PHANTOM 3 (the “PHANTOM”) 

manufactured by DJI Innovations. The PHANTOM is a battery operated quadcopter with a 

maximum flight time of 25 minutes. The vehicle weighs approximately 2.82 pounds with a 

maximum takeoff weight of approximately 3 pounds. It has fixed landing gear, vibration 

dampers, small frame air incline and minimalized gimbal mount, which allows for a 94 degree of 

view from the camera. Although the vehicle’s ground speed has a maximum of 35 mph, it will be 

operated between 2 and 25 miles per hour, and it will operate at or below 400 feet AGL. 

The PHANTOM’s manufacturer specifications are shown in the Appendix of the Quick Start 

Guide and the USER Manuals for each airframe. 

The UAV/UAS/UA which UAS Aerial Video Photography, Petitioner, will be operating is the 

DJI Phantom 3. The inherent safety features, sophistication, programmability, GPS navigation, 

return home capability, airport vicinity no-fly feature and restricted altitude feature, as well as 

differentiating radio frequency (rf) for aircraft controller/receiver and for the camera make this a 

much safer UAV for the purposes of this petition. This is a radio controlled UAVs that has the 

capacity for software upgrades. It is light, less than 3 pounds including battery and camera. 

Incorporated into the programming of the PHANTOM is an automatic return home feature that 

automatically directs the craft back to point of take-off should communication with the 

transmitter be lost. The Phantom has a cruising speed of 15 knots, with a maximum speed of 29 

knots. Maximum flight time is 25 minutes. Gross weight is 2.82 pounds. 

The PHANTOM has a communication link between the camera and aircraft allowing the 

operator or Pilot in Command (PIC) to monitor battery level, altitude (AGL), distance from PIC, 

camera imagery, and also control camera angle. The software for the PHANTOM allows the 

operator or PIC to set maximum altitude AGL for each flight, allowing customization of flights 

to no higher than 100 feet, 150 feet, or 250 feet AGL as examples. The 400 foot maximum AGL

is by default programmed into the UAV's software pre-flight to insure compliance with FAA 

standards adding to the safety capabilities of this UAV. This UAV is programmed to remain in 

position when controls are released, maintaining altitude and GPS location. 

The PHANTOM has an altitude and radar monitoring function that allows the operator more 

precise determination of height, direction of flight and distance from the operator/PIC. The 

operator/PIC can monitor GPS lock status while the UAV is in flight, with the ability to 

anticipate loss of GPS locking so the operator/PIC can land the UAV as a precaution. 

Considering the programmability and safety features of these UAVs, it serves as the best option 

to protect the Public and NAS for the purposes of this petition. 

Similarities, Distinctions and Differences 
UAS Aerial Video Photography is using a UAV that has the capability for taking off and landing 

at a single point, identical to a helicopter. There are no runways, aided take off apparatuses, nor 

routes that need to be flown to areas being aerial video recorded or photographed. Allowing a 

reduced and more confined area of flight. 

The motors, rotors, propellers, body/frame, landing pads, etc. for the UAV utilized in this 

petition are not complicated. Engineering and design allows layman maintenance. Pre-flight 

inspections for cracks, damage or other physical conditions that could hamper safe flight will be 

conducted prior to any and all missions. Post flight inspections will also be conducted in order to 

aid in identifying flight conditions that may cause stress to propellers, landing gear, etc. 

Thorough inspection of the UAV shall be conducted and flight response tested should a hard 

landing or crash occur insuring that the UAV can operate in a safe manner before conducting any 

further missions. 

Like the Astraeus Petition Petitioner UAS Aerial Video Photography requests waiver or 

exemption for markings due to the small size of the fuselage for the PHANTOM. 

Petitioner UAS Aerial Video Photography requests modification, waiver or exemption and 

clarification (within reason) concerning section 91.119 prohibition of flight in congested areas. 

Petitioner UAS Aerial Video Photography requests waiver for this condition to allow reasonable 

and responsible videography in congested areas of subdivisions and neighborhoods. 

In compliance with Section 90.151 (a) the PHANTOM is a battery operated UAV/UAS with 

battery level monitoring capability. Fully charged battery flight time is rated at 25 and 18 

minutes respectively, with videos/photos taking much less time to record. Operator or PIC is 

warned when battery level is low. 

Petitioner UAS Aerial Video Photography requests waiver/exemption from Section 91.203 (a) 

since the Phantom is a UAV/UAS that should not require an airworthiness certificate. Posting of 

special flight authorization would not be possible since the PHANTOM has no cabin and are not 

large enough to carry a certificate. However, a special flight authorization can be maintained by

the operator to make available upon request.

B. UAS Aerial Video Photography Proposed Operations Demonstrate an 

Equivalent Level of Safety

1. General Description of Proposed Flight Operations

UAS Aerial Video Photography proposes to operate within the limitations and performance 

specifications listed in the USER MANUALS (see attachments), which are summarized below. 

These limitations provide for at least an equivalent, or higher, level of safety for operations under 

the current regulatory structure because the proposed operations represent a safety enhancement 

to the protocols.
The proposed operations do not create any hazard to users of the national airspace system or pose 

a threat to national security. The aircraft is a battery operated quadcopter with a maximum flight 

time of 25 minutes. The vehicle weighs approximately 2.75. It has vibration dampers and small 

frame air incline. The vehicle’s ground speed has a maximum of 25 mph but it will be operated 

between 2 and 5 miles per hour, and it will operate at or below 400 feet AGL. 

Manned aircraft are at risk of fuel spillage and fire in the event of an incident or accident. The 

PHANTOM carries no fuel, and therefore the risk of fire following an incident or accident due to 

fuel spillage is eliminated. Compared to manned aircraft, the unmanned aircraft being operated 

by the petitioner reduces the risk to participating persons in close proximity to the aircraft due to 

the limited size, weight, operating conditions, and design safety features of the PHANTOM.

The FAA has determined that the risk of not having an electronic means to monitor and 

communicate with other aircraft, such as transponders or sense and avoid technology, is 

mitigated by placing limits on altitude, requiring stand-off distance from clouds, permitting 

daytime operations only, requiring that the aircraft be operated within visual line of sight, and 

requiring PHANTOM yield right of way to all other manned operations. Additionally, the 

operator will request a NOTAM prior to operations to alert other users of the NAS. See 

Exemption No. 11062, Docket No. FAA 2014-0352, at p. 13.

The petitioner’s aircraft has the capability to operate safely after experiencing certain in- flight 

failures, as specified in the USER MANUAL regarding Return to Home (RTH) specifically low 

battery RTH and failsafe RTH. The aircraft is also able to respond to a lost-link event with a precoordinated, predictable, automated flight maneuver.

2. Reasons why the exemption would not adversely affect safety or how the 

exemption would provide a level of safety at least equal to the existing rule. 

Given the small size involved, the restricted environment within which they will operate, the 

procedures listed below, and pilot certification requirements, UAS Aerial Video Photography

proposed operations using the PHANTOM would “not create a hazard to users of the national 

airspace system or the public or pose a threat to national security.” Reform Act Section 333(b) 

(1).

1. The aircraft will be identified by serial number, registered with the FAA, and 

have identification (N-Number) markings as large as practicable.

2. Flights will be operated within visual line of sight of the pilot in command (PIC).

3. Prior to each flight, a zero altitude initiation point will be established and 

confirmed for accuracy by PIC.

4. Maximum flight time for each operational flight will be approximately 15-20 

minutes.

5. The aircraft will be safely landed with no less than the greater of (a) 20% battery

life remaining or (b) three minutes of flight time remaining.

6. The aircraft will be operated during daylight and in VFR conditions.

7. Flights will be operated at a lateral distance of at least 50 feet from any persons or 

property not associated with the operation who have not given prior permission.
8. Flights will be limited to a groundspeed of 5-25 mph.

9. Minimum crew for each flight will consist of a PIC and an Observer.

10. The PIC will possess at least a sport pilot certificate and a valid state driver’s 

license. 

11. Any designee from UAS Aerial Video Photography will have completed a Basic 

Operator Course for the PHANTOM. 

12. Prior to the flight, a Mission Plan will be created setting forth the limitations for 

the flight as well as contact information for the PIC.

13. The flight operations will yield the right of way to other manned aircraft 

operations.

14. All persons who are not involved with flight operations will be required to stay 50

feet from the edge of the flight operation perimeter. 

15. UAS Aerial Video Photography will provide NOTAM details to the FAA 24 

hours prior to each flight.

16. All required permissions and permits will be obtained from territory, state, county

or city jurisdictions prior to flight.

17. Prior to commencing operations, UAS Aerial Video Photography will obtain a 

Certificate of Waiver or Authorization (COA) from the FAA if flying above 200 

feet AGL.

18. If the aircraft loses communications, it will have the capability to return to a predetermined location within the operational area and land.

19. If the aircraft loses its GPS signal it will have the capability of being flown 

manually to a predetermined location within the operational area and land.

20. The flight will be aborted in case of unpredicted obstacles or emergencies.

21. Each flight will be recorded in an Operations Log Book.

24. Maintenance on the aircraft will be recorded in a Maintenance Log Book.

3. Flight Recovery, Lost Communications, and Lost GPS Procedures

The flight recovery, lost communications, and lost GPS procedures are fully documented in the 

attached User Manuals.

V. SPECIFIC FAR EXEMPTIONS REQUESTED

UAS Aerial Video Photography seeks an exemption from several interrelated provisions of 14 

C.F.R. Parts 21, 45, 61, and 91 for purposes of conducting the requested operations using the 

PHANTOM. Listed below are (1) the specific FAR sections for which exemption is sought, and 

(2) the operating procedures and safeguards that UAS Aerial Video Photography has established 

which will ensure a level of safety better than or equal to the rules from which exemption is 

sought. See 14 C.F.R. § 11.81 (e).

A. 14 C.F.R. Part 21, Subpart H – Airworthiness Certificates and 14 C.F.R. 

§ 91.203(a)(1)

The FAA has stated that no exemption is needed from this section if a finding is made under the 

Reform Act that the UAS selected provides an equivalent level of safety when compared to 
aircraft normally used for the same application. These criteria are met, and therefore no 

exemption is needed. See Grant of Exemption to Astraeus Aerial, Docket No. FAA 2014-

0352 at 13-14, 22. If, however, the FAA determines that there are some characteristics of the 

PHANTOM that fail to meet the requirements of the Reform Act, an exemption is requested.

Equivalent Level of Safety: The PHANTOM are safe when taking into account its size, weight, 

speed, and operational capability. The PHANTOM weighs approximately 3 pounds and either 

will be flown at speeds of 5-35 miles per hour, and in visual line of sight of the operator. The

PHANTOM does not carry pilots, passengers, explosive materials, or flammable liquid fuels. 

The PHANTOM will be operated within the parameters of the User Manuals.

UAS Aerial Video Photography will also provide the FAA with advance notice of all operations 

via a NOTAM and coordination with the local Flight Standards District Office (FSDO). The 

proposed operations will be at least as safe as, or safer than, conventional rotorcraft operating 

with an airworthiness certificate without the restrictions and conditions proposed here. 

B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category Rotorcraft

14 C.F.R. Part 27 sets forth the procedural requirements for airworthiness certification of normal 

category rotorcraft. To the extent the PHANTOM would otherwise require certification under 

Part 27, UAS Aerial Video Photography seeks an exemption from Part 27’s airworthiness 

standards for the same reasons identified in the request for exemption from 14 C.F.R. Part 21, 

Subpart H.

C. 14 C.F.R. §§ 45.23(b), 45.27(a) and 91.9(c): Aircraft Marking and 

Identification Requirements

14 C.F.R. §45.23(b), Markings of the Aircraft states:

When marks include only the Roman capital letter “N” and the registration number is displayed 

on limited, restricted or light-sport category aircraft or experimental or provisionally certificated 

aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit, or 

pilot station, in letters not less than 2 inches nor more than 6 inches high, the words “limited,” 

“restricted,” “light-sport, “experimental,” or “provisional,” as applicable.

14 C.F.R. § 45.27(a) states:

Rotorcraft. Each operator of a rotorcraft must display on that rotorcraft horizontally on both 

surfaces of the cabin, fuselage, boom, or tail the marks required by § 45.23.

14 C.F.R. § 91.9(c) states:

No person may operate a U.S.-registered civil aircraft unless that aircraft is identified in 

accordance with part 45 of this chapter.
In a previous Grant of Exemption, the FAA determined that exemption from these requirements 

was warranted provided that the aircraft “have identification (N-Number) markings in 

accordance with 14 CFR part 45, Subpart C if the markings are “as large as 

practicable.” See Exemption No. 11062, Docket No. FAA 2014-0352, at p. 14.

Equivalent Level of Safety: UAS Aerial Video Photography will mark all PHANTOMs with 

their N- Number in a prominent spot on the fuselage with markings that are as large as 

practicable.

D. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations

UAS Aerial Video Photography seeks exemption from 14 CFR § 61.113, which restricts private 

pilots from flying aircraft for compensation or hire and would also require a second class 

medical certificate. The purpose of Part 61 is to ensure that the skill and competency of any PIC 

matches the airspace in which the PIC will be operating, as well as requiring certifications if the 

pilot is carrying passengers or cargo for hire.

While the PHANTOM will be operated as part of a commercial operation, they carry neither 

passengers nor cargo. In the Grant of Exemption in FAA Docket No. FAA-2014-0352, the FAA 

determined that the unique characteristics of UAS operation outside of controlled airspace did 

not warrant the additional cost and restrictions attendant with requiring the PIC to have a 

commercial pilot certificate and a class II medical certificate. The FAA has also determined that 

the required knowledge for a commercial pilot covers the same fundamental principles as a 

private pilot.

The PIC will possess at least a sport pilot certificate, a third class medical certificate or valid 

state issued driver’s license, and will have completed a Basic Operator Course for the 

PHANTOM.

The FAA stated in its grant of an exception to Astraeus Aerial the “the FAA considers the 

overriding safety factor for the limited operations proposed by the petitioner to be the airmanship 

skills acquired through UAS-specific flight cycles, flight time, and specific make and model 

experience, culminating in verification through testing.” See Exemption No. 11062, Docket No. 

FAA 2014-0352, at p. 18. The proposed operations can achieve an equivalent level of safety by 

requiring the knowledge and experience in PHANTOM operations described above.

The restrictions UAS Aerial Video Photography has placed on its PHANTOM operations meet 

or exceed the restrictions similarly imposed on Astraeus Aerial in FAA Docket No. FAA-2014-

0352. UAS Aerial Video Photography will operate in restricted areas (the sites) away from 

persons and property not involved in the operation. The aircraft will be flown based on VLOS at 

or below 400 feet AGL, so as to accommodate flight operations on specified sites. A NOTAM 

will be issued at least 24 hours before the flight is to occur, and the flight will be coordinated 

with the applicable FSDO.
E. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness

UAS Aerial Video Photography seeks an exemption from 14 C.F.R. § 91.7(a), which requires 

that a civil aircraft be in airworthy condition to be operated. The FAA has stated that no 

exemption is required to the extent that the requirements of Part 21 are waived or found 

inapplicable. Accordingly, UAS Aerial Video Photography requests that the requirements for 

Section 91.7 be treated in accordance with FAR Part 21 Subpart H. See Grant of Exemption No. 

11062, p. 19.

F. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft; 

14 C.F.R. §§ 91.203(a) and (b): Carrying Civil Aircraft Certification and 

Registration

Pursuant to 14 C.F.R. § 91.9(b)(2):

(b)No person may operate a U.S.-registered civil aircraft -

...

(2)For which an Airplane or Rotorcraft Flight Manual is required by § 21.5 of this 

chapter, unless there is available in the aircraft a current approved Airplane or 

Rotorcraft Flight Manual, approved manual material, markings, and placards, or 

any combination thereof.

Pursuant to 14 C.F.R. § 91.203(a) and (b):

(a)Except as provided in § 91.715, no person may operate a civil aircraft unless it has 

within it the following:

(1)An appropriate and current airworthiness certificate.

(b)No person may operate a civil aircraft unless the airworthiness certificate required by

paragraph (a) of this section or a special flight authorization issued under § 91.715 is 

displayed at the cabin or cockpit entrance so that it is legible to passengers or crew.

UAS Aerial Video Photography does not request an exemption from this section but instead 

notifies the FAA that, in accordance with FAA Office of Chief Counsel’s Opinion dated August 

8, 2014, the UAS flight manual, registration certificate and other documentation will be kept at 

the control station with the PIC during flight. The Chief Counsel’s Office has held that for all 

UAS operations, this alternate method constitutes full compliance with the regulations. See 

also Grant of Exemption No. 11062, pp. 19-20, and Grant of Exemption No. 8607.

G. 14 C.F.R. § 91.103: Preflight Action

UAS Aerial Video Photography seeks an exemption from 14 C.F.R. § 91.103, which requires a 

PIC to become familiar with specific information before each flight, including information 

contained in the FAA-approved Flight Manual on board the aircraft. The aircraft will not have a 

Flight Manual on board. The PIC will take all actions including reviewing weather, flight battery

requirements, landing and takeoff distances and aircraft performance data before initiation of 

flight. Under these circumstances, the FAA has stated that no exemption is required. See Grant 

of Exemption No. 11062, p. 20. An exemption is requested to the extent that an FAAapproved Flight Manual is required.
Equivalent Level of Safety: An equivalent level of safety will be provided by following the User 

Manuals. The PIC will take all required preflight actions - including performing all required 

checklists and reviewing weather, flight requirements, battery charge, landing and takeoff 

distance, aircraft performance data, and contingency landing areas - before initiation of flight. 

The User Manuals will be kept at the ground station; with the operator at all times.

H. 14 C.F.R. § 91.109(a): Flight Instruction

UAS Aerial Video Photography seeks an exemption from 14 C.F.R. § 91.109(a), which provides 

that “[n]o person may operate a civil aircraft (except a manned free balloon) that is being used 

for flight instruction unless that aircraft has fully functioning dual controls.” UASs and remotely 

piloted aircraft, by their design, do not have functional dual controls. Instead, flight control is 

accomplished through the use of the A2 Flight Control System/Ground Control Station (GCS) 

that communicates with the aircraft via radio communications.

Equivalent Level of Safety: When flight instruction is performed, no pilots will be on the aircraft 

and the GCS will be a safe distance from the aircraft and the public, causing no safety hazard. 

Given the size and speed of the PHANTOM, an equivalent level of safe training can still be 

performed without dual controls because no pilot or passengers are aboard the aircraft, and all 

persons will be a safe distance away in the event that the aircraft experiences any difficulties 

during flight instruction. These flights will comply with the provisions in the User Manuals. 

Accordingly, UAS Aerial Video Photography proposed method of operation provides superior 

levels of safety.

I. 14 C.F.R. § 91.119(c): Minimum Safe Altitudes in Uncongested Areas

UAS Aerial Video Photography requests an exemption from the minimum safe altitude 

requirements of 14 C.F.R. § 91.119(c). Section 91.119(c) prescribes that an aircraft may not be 

operated closer than 500 feet to any person, vessel, vehicle, or structure. The FAA has already

determined that relief from Section 91.119(c) is warranted for UAS operations in uncongested 

areas with similar flight restrictions as those imposed by UAS Aerial Video 

Photography. See Grant of Exemption No. 11062, p. 20-21.

Equivalent Level of Safety: Compared to flight operations with rotorcraft weighing far more 

than the maximum weights proposed herein, and given the lack of flammable fuel, any risk 

associated with these operations is far less than those that presently exist with conventional 

aircraft. An equivalent level of safety will be achieved given the size, weight, and speed of the 

PHANTOM, as well as the locations where it is operated. In order to avoid any risk to aircraft, 

flight operations will be restricted to 400 feet AGL or below. As set forth in the User Manuals 

and herein, the PHANTOM will be operated at sites, away from persons or structures not 

involved in the operation. All persons who are not involved with UAS Aerial Video Photography

operations will be required to be at least 50 feet from the flight operation perimeter. 
J. 14 C.F.R. § 91.121: Altimeter Settings

This petition seeks an exemption from 14 C.F.R. § 91.121, which requires a person operating an 

aircraft to maintain cruising altitude or flight level by reference to an altimeter that is set to the 

elevation of the departure airport. The PHANTOM use both barometric pressure sensors and 

GPS to determine altitude but do not have the ability to set in a current altimeter setting. An 

exemption is required to the extent that the PHANTOM do not have a barometric altimeter 

setting. The altitude of the aircraft is monitored by the PIC on the ground control station and by

the visual observer.

Equivalent Level of Safety: The FAA has stated that an equivalent level of safety can be 

achieved if the aircraft will be operated at or below 400 feet AGL and within visual line-of-sight 

in addition to GPS based altitude information relayed in real time to the operator. See Grant of 

Exemption No. 11062, p. 20-21. As the attached User Manuals indicate, the PHANTOM or 

PHANTOM will be operated at or below 400 feet AGL and comply with the limitations in the 

Grant of Exemption No. 11062.

K. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

UAS Aerial Video Photography requests an exemption from 14 C.F.R. § 91.151(a)’s fuel 

requirements for flight in VFR conditions. Section 91.151 states:

(a) No person may begin a flight in an airplane 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 –

(1) During the day, to fly after that for at least 30 minutes; or

(2) At night, to fly after that for at least 45 minutes.

Here, the technological limitations on PHANTOM battery power means that no meaningful 

flight operations can be conducted while still maintaining a 30 minute reserve. The aircraft is 

battery powered with a maximum flight time of between 18-25 minutes. UAS Aerial Video 

Photography proposes that the maximum flight time for each operational flight will be 18-25

minutes. The aircraft will be safely landed with no less than the greater of (a) 20% battery life 

remaining or (b) three minutes of flight time remaining.

Equivalent Level of Safety: The FAA has stated that an equivalent level of safety is provided if 

the UAS flight is conducted under daytime VFR flight conditions using VLOS, and terminated 

with at least 25% reserve battery power still available. See Grant of Exemption No. 11062, p. 21-

22. The User Manuals providing an equivalent level of safety by safely landing with no less than 

the greater of (a) 20% battery life remaining or (b) three minutes of flight time remaining and 

otherwise complying with the flight restrictions above.
L. 14 C.F.R. §§ 91.405(a), 91.407(a)(l), 91.409(a)(2); 91.417(a) and 

(b): Maintenance Inspections

UAS Aerial Video Photography seeks an exemption from the maintenance inspection 

requirements contained in 14 C.F.R. § 91.405(a), 91.407(a)(l), 91.409(a)(2); 91.417(a) and

(b). These regulations specify maintenance and inspection standards in reference to 14 C.F.R. 

Part 43. See, e.g., 14 C.F.R. § 91.405(a) (stating that each owner or operator of an aircraft 

“[s]hall have the aircraft inspected as prescribed in subpart E of this part and shall between 

required inspections ... have discrepancies repaired as prescribed in part 43 of this chapter”). An 

exemption from these regulations is needed because Part 43 and these sections only apply to 

aircraft with an airworthiness certificate, which the PHANTOM will not have.

Equivalent Level of Safety: An equivalent level of safety will be achieved because maintenance 

and inspections will be performed in accordance with the Manuals. This includes maintenance, 

overhaul, replacement, and inspection requirements for the aircraft and procedures to document 

and maintain maintenance records for the aircraft. This also includes preflight inspection 

procedures. See Exemption No. 11062, Docket No. FAA 2014- 0352, at p. 14-15.

As provided in the Manuals, flights will not be conducted unless a flight operations checklist is 

performed that includes all of the aircraft’s components. The Manuals also set requirements for 

maintenance log books and record keeping as well as routine and post-flight maintenance. The 

Manuals set requirements for both annual maintenance and preventative maintenance.

VI. PUBLIC INTEREST

Granting UAS Aerial Video Photography petition for exemption furthers the public interest. 

National policy set by Congress favors early integration of UAS into the NAS in controlled, safe 

working environments as proposed in this petition. By granting this petition, the FAA will fulfill 

Congress’s intent of allowing UAS to operate safely in the NAS before completion of the 

rulemaking required under Section 333 of the Reform Act. 

UAS Aerial Video Photography will operate in a manner that will ensure the public’s safety and 

will set the example for others to emulate. It is well established that UAS provide an additional 

tool for the filmmaking industry, adding a greater degree of flexibility, which supplements the 

current capabilities offered by manned aircraft.

VII. PRIVACY

All flights will be conducted in accordance with any federal, state or local laws regarding 

privacy.

VIII. NATIONAL SECURITY 

Given the small size of the UAS involved and the restricted environment within which they will 

operate, our petition presents no national security issue. Furthermore, the security screening 
conducted by the Transportation Security Administration of certificated airmen satisfies the 

statutory requirement of Section 333 for operations to not pose a threat to national security.

IX. SUMMARY FOR FEDERAL REGISTER

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal 

Register, should it be determined that publication is needed:

UAS Aerial Video Photography seeks an exemption from the following rules in order to provide 

aerial photography and videography, marketing and promotional work in, but not limited to, real 

estate construction, development, appraisals, tourism, instruction, preservation and conservation: 

14 C.F.R Part 21, Subpart H; 14 C.F.R Part 27; 14 C.F.R § 45.23(b); 14 C.F.R. § 45.27(a); 14 

C.F.R § 61.113; 14 C.F.R § 91.7(a); 14 C.F.R § 91.9(b)(2); 14 C.F.R § 91.9(c); 14 C.F.R § 

91.103; 14 C.F.R § 91.109(a); 14 C.F.R § 91.119; 14 C.F.R § 91.121; 14 C.F.R § 91.151(a); 14 

C.F.R § 91.203 (a) & (b); 14 C.F.R § 91.405(a); 14 C.F.R § 91.407(a)(l); 14 C.F.R § 

91.409(a)(2); 14 C.F.R § 91.417 (a) & (b).

The exemption will enhance safety by reducing risk to the operator, the general public and 

property owners from the hazards associated with operating UAS through deliberate planning, 

risk mitigation, and flight operations.

X. ATTACHMENTS

Attachment 1: DJI Phantom Pilot Training Guide v1.1

Attachment 2: DJI Phantom 3 Professional User Manual v1.2

Attachment 3: DJI Phantom 3 Quick Start Guide v1.0

Attachment 4: DJI Phantom 3 Safety Guidelines Disclaimer 

XI. CONCLUSION

Satisfaction of the criteria provided in Section 333 of the Reform Act - size, weight, speed, 

operating capabilities, proximity to airports and populated areas, operation within visual line of 

sight, and national security considerations - provides more than adequate justification for the 

grant of the requested exemptions to permit UAS Aerial Video Photography to operate the 

PHANTOM.

Granting the requested exemption will benefit the public interest as a whole in many ways, 

including (1) significantly improving safety and reducing risk by alleviating human exposure to 

danger; (2) improving the quality of services UAS Aerial Video Photography can provide to its 

customers; and (3) decreasing the risks of unmanned aircraft interfering with manned aircraft

Respectfully submitted,

 

By: /s/ Roxana Bowgen

 Principal

UAS Aerial Video Photography, LLC