UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC

Regulatory Docket No. _______________

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

GROUP 3 AVIATION, INC

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF 

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS

SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), 

AND 91.417(a) & (b) CONCERNING COMMERCIAL OPERATION OF 

DJI Phantom 2 AND DJI INSPIRE 1 

UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF

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

Submitted on April 10, 2015 

GROUP 3 AVIATION, INC

16425 HART STREET, SUITE 211

VAN NUYS, CA 91406

818-994-9376

PL@GROUP3AVIATION.COM

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TABLE OF CONTENTS Page 

SUMMARY 3 

INTRODUCTION AND INTERESTS OF PETITIONER 3 

BACKGROUND 3-4 

BASIS FOR PETITION 4-5 

NAME AND ADDRESS OF PETITIONER 5

SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH GROUP 3 AVIATION, INC SEEKS 

EXEMPTION 6-9

EXTENT OF RELIEF GROUP 3 AVIATION, INC SEEKS AND THE REASONS 

GROUP 3 AVIATION, INC SEEKS THE RELIEF 9-11 

REASONS WHY GRANTING GROUP 3 AVIATION, INC REQUEST WOULD BE IN THE 

PUBLIC INTEREST 11-13

REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY 

AFFECT SAFETY 13-25 

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER 26 

BRIEF DESCRIPTION OF THE NATURE OF THE EXEMPTION GROUP 3 AVIATION SEEKS 26

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT 

GROUP 3 AVIATION, INC REQUEST 26

CONCLUSION 27 

APPENDICES 28

2
SUMMARY

GROUP 3 AVIATION seeks exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 

91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), to operate an Unmanned Aircraft System pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 

(FMRA). This exemption will permit GROUP 3 AVIATION to operate an Unmanned Aircraft System (UAS) 

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

and landscape over certain areas of the United States. 

INTRODUCTION AND INTERESTS OF THE PETITIONER

GROUP 3 AVIATION provides its clients with expertise and knowledge in advanced technologies and 

solutions to increase efficiency, productivity and effectiveness. GROUP 3 AVIATION has a current Movie 

Manual, over 25 years of experience in Aerial Production and Commercial Operations holding 135, 133 and 

141 certification. The objective of GROUP 3 AVIATION is to provide high quality imaging for a variety of 

commercial, public, and residential uses

including:

	 •	 Motion Picture Filming

	 •	 Videography

	 •	 Mapping

	 •	 Inspections

	 •	 Crop Survey

	 •	 Construction sites before and after

	 •	 Appraisals

	 •	 Real-estate marketing

	 •	 Aerial acquisitions used for inspections of public and private structures

	 •	 Search and Rescue operations

	 •	 Still Photography

	 •	 Wildlife survey

	 •	 Training

BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 2, DJI Inspire 1

GROUP 3 AVIATION seeks an exemption to operate DJI systems for compensation or hire within the NAS. 

The DJI Phantom 2 and DJI Inspire 1 are vertical takeoff and landing (VTOL) Unmanned Aircraft System 

(UAS) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. The DJI 

Phantom 2 has a maximum gross weight of approximately 2 pounds 11 ounces, while having a length of 

16 inches width of 16 inches, height of 8 inches, and a maximum speed of approximately 29 knots. The DJI 

Inspire 1 has a maximum gross weight of 6 pounds 7.5 ounces, a length of 17.3 inches, width of 17.7 inches, 

height of 11.8 inches, and a maximum speed of approximately 42 knots. 

3
The DJI Phantom 2 and DJI Inspire 1 are equipped with four main rotors; driven by Lithium Polymer battery powered electric motors. 

The DJI Phantom 2 and DJI Inspire 1 UAs that will be operated by GROUP 3 AVIATION 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, GROUP 3 AVIATION, pursuant to the provisions of the Federal Aviation Regulations (14 

C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rules 

for Certain Unmanned Aircraft Systems, hereby petitions the Administrator to commercially operate the 

DJI Phantom 2, DJI Inspire 1 UASs in the National Airspace System (NAS), and for an exemption from the 

requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) 

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

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

and its operation, GROUP 3 AVIATION’s operation of the DJI Phantom 2 UAS and the DJI Inspire1 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, GROUP 3 AVIATION requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)

(2), and 91.417(a) & (b), as these sections set forth requirements for maintenance that only apply to aircraft 

with an airworthiness certificate. 

GROUP 3 AVIATION submits that the requested relief is proper since an equivalent level of safety will be 

ensured. GROUP 3 AVIATION will use experienced personnel to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the operating 

documents (i.e., Monthly Maintenance Log, and DJI Phantom 2 and DJI Inspire 1 Instruction Manual). Furthermore, GROUP 3 AVIATION will document and maintain all maintenance records for the DJI Phantom 

2 and the DJI Inspire 1.

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

tions: Pilot in command, is requested by GROUP 3 AVIATION 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 2 and DJI Inspire 1 UASs in a manner consistent with this exemption,

including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, 

vehicles and structures.

4
GROUP 3 AVIATION seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, because the DJI 

Phantom 2 and DJI Inspire 1 UASs do not require an airworthiness certificate in accordance with 14 C.F.R. 

Part 21, Subpart H. As such, GROUP 3 AVIATION submits that it will ensure that the DJI Phantom 2 UAS 

and DJI Inspire 1UAS are in an airworthy condition, prior to every flight, by determining that the UAS is 

in compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 2 and DJI 

Inspire 1 Instruction Manual), and that the aircraft are in a condition for safe flight. 

GROUP 3 AVIATION also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings, as the DJI Phantom 2 UAS and DJI Inspire 1 UAS will not have a typical barometric altimeter 

onboard. However, altitude information of the DJI Phantom 2 UAS and DJI Inspire 1UAS will be provided 

to the PIC via Global Positioning System (GPS) equipment and radio communications telemetry data link, 

which downlinks from the UA to the GCS for active monitoring of the flight path. This altitude information, 

combined with GROUP 3 AVIATION’s operation of the DJI Phantom 2 and DJI Inspire 1 within visual line 

of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121. 

Additionally, GROUP 3 AVIATION seeks an exemption from the requirements of Section 91.151(b), entitled 

Fuel requirements for flight in VFR conditions. GROUP 3 AVIATION submits that safety will not be affected 

by operation of the DJI Phantom 2 and DJI Inspire 1 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, GROUP 3 AVIATION 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:

GROUP 3 AVIATION

16425 HART STREET, SUITE 211

VAN NUYS, CA 91406

Phone: 818-994-9376

Fax: 818-994-9384

POC: PETER LOWRY

Email: PL@GROUP3AVIATION.COM 

5
B. The Specific Sections of 14 C.F.R. From Which Petitioner Seeks Exemption. 

1. Petitioner 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 hat is carrying passengers or property for compensation or hire; 

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

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

 connection with any business or employment if -

 (1) The flight is only incidental to that business or employment; and 

 (2) The aircraft does not carry passengers or property for compensation or 

 hire. 

2. Petitioner Seeks Exemption From The Requirements Of Section 91.7(a). 

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

 (a) No person may operate a civil aircraft unless it is in an airworthy condition. 

3. Petitioner Seeks Exemption From The Requirements Of Section 91.121. 

 Section 91.121, entitled Altimeter settings, subsection (a), states the following, in part: 

 (a) Each person operating an aircraft shall maintain the cruising altitude or 

 flight level of that aircraft, as the case may be, by reference to an altimeter that is set, 

 when operating- 

 

 (1) Below 18,000 feet MSL, to - 

 (i) The current reported altimeter setting of a station along the route 

and within 100 nautical miles of the aircraft; 

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

 

 (i) of this section, the current reported altimeter setting of an appro 

 priate 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. 

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4. Petitioner Seeks Exemption From The Requirements Of Section 91.151(b). 

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

 (b), states the following: 

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

 (considering wind and forecast weather conditions) there is enough fuel to fly 

 to the first point of intended landing and, assuming normal cruising speed, to 

 fly after that for at least 20 minutes. 

5. Petitioner Seeks Exemption From The Requirement Of Section 91.405(a). 

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

 Each owner or operator of an aircraft— 

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

 shall between required inspections, except as provided in paragraph (c) of this 

 section, have discrepancies repaired as prescribed in part 43 of this chapter. 

6. Petitioner Seeks Exemption From The Requirements Of Section 91.407(a)(1) 

 Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, or 

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

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

 preventive maintenance, rebuilding, or alteration unless - 

 (1) It has been approved for return to service by a person authorized 

 under § 43.7 of this chapter.

7. Petitioner 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. 

7
 

8. Petitioner Seeks Exemption From The Requirements Of Sections 91.417(a) and 91.417(b). 

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

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

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

 specified in paragraph (b) of this section: 

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

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

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

 and each engine, propeller, rotor, and appliance of an aircraft. 

 The records must include:

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

 of the work performed; and 

 

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

 

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

 aircraft for return to service. 

 (2) Records containing the following information: 

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

 and each rotor. 

 

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

 propeller, rotor, and appliance. 

 

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

 are required to be overhauled on a specified time basis. 

 

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

 last inspection required by the inspection program under which the aircraft 

 and its appliances are maintained. 

 

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

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

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

 curring 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. 

 

8
 

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

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

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

 work is performed. 

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

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

 

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

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

 approved for return to service. 

C. The Extent Of Relief And The Reason Petitioner Seeks The Relief. 

1. Extent Of Relief And The Reason Petitioner Seeks Relief From Section 61.113(a) and (b). 

Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations: 

Pilot in command, is requested to the extent necessary to allow a PIC holding a private pilot or higher 

level certificate, as well as a current and valid airman medical certificate, and who has met certain 

flight-hour and currency requirements, to conduct the proposed UAS flight operations for 

compensation or hire. 

This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a private 

pilot may, for compensation or hire, act as PIC of an aircraft in connection with any business or 

employment if: (1) The flight is only incidental to that business or employment; and (2) The aircraft 

does not carry passengers or property for compensation or hire. 

As set forth more fully below, GROUP 3 AVIATION submits that an equivalent level of safety will be 

maintained because no PIC will be allowed to operate the DJI Phantom 2 UAS or DJI Inspire 1 UAS 

unless that PIC has met certain flight-hour and currency requirements, demonstrating that the PIC is 

able to safely operate either the DJI Phantom 2 or DJI Inspire 1 UAS in a manner consistent with the 

operations specifications as described in this exemption, including evasive and emergency maneuvers, 

as well as maintaining appropriate distances from people, vessels, vehicles and structures.

Further, GROUP 3 AVIATION submits that all flights of the DJI Phantom 2 and DJI Inspire 1 UASs, 

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

GROUP 3 AVIATION business; and (2) will not carry passengers or property for compensation or 

hire. 

9
 

2. Extent Of Relief And The Reason Petitioner Seeks Relief From Section 91.7(a). 

Relief from Section 91.7(a) entitled Civil aircraft airworthiness, is requested to the extent required to 

allow GROUP 3 AVIATION to determine that the DJI Phantom 2 and DJI Inspire 1 are in airworthy 

condition prior to every flight by ensuring that the UAS is in compliance with the operating docu 

ments (i.e,. DJI Phantom 2 and DJI Inspire 1 Instruction Manual, Monthly Maintenance Log). 

GROUP 3 AVIATION seeks the requested relief because the DJI Phantom 2 UAS and DJI Inspire 1 

UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. 

Therefore, GROUP 3 AVIATION will ensure that the DJI Phantom 2 and DJI Inspire 1 are in 

airworthy condition based upon its compliance with the operating documents (i.e. DJI Phantom 2 

and DJI Inspire 1 Instruction Manual, Monthly Maintenance Log) 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 and The Reason Petitioner Seeks Relief From Section 91.121. 

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

of the DJI Phantom 2 and DJI Inspire 1, 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 con

cerning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL), 

GROUP 3 AVIATION seeks the requested relief because the DJI Phantom 2 and DJI Inspire 1 UA’s al

timeter may be set on the ground to zero feet AGL, rather than the local barometric pressure or field 

altitude, before each flight. 

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

the extent necessary to comply with the applicable conditions and limitations stated below. As more 

fully set forth herein, an equivalent level of safety will be maintained since the DJI Phantom 2 and DJI 

Inspire 1 are equipped with a barometric pressure sensor and GPS equipment, which automatically 

ensures that a ground level pressure setting will be established prior to each flight, and provides the 

PIC with altitude information of the UA on the heads-up display of the GCS. 

4. Extent Of Relief and The Reason Petitioner Seeks Relief From Section 91.151(b). 

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

the extent required to allow flights of the battery powered DJI Phantom 2 and DJI Inspire 1 during 

daylight hours in 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. 

10
 

GROUP 3 AVIATION seeks the requested relief because without an exemption from Section 

91.151(b), the flight time duration of the battery powered DJI Phantom 2 and DJI Inspire 1 will 

severely constrain the practicality of any aerial video or still photo flight operations that GROUP 3 

AVIATION proposes to conduct pursuant to this Petition. 

Significantly, as set forth below, the technical specifications of the DJI Phantom 2 UAS and DJI In 

spire 1 UAS, the DJI Phantom 2 and DJI Inspire 1 operating documents, and GROUP 3 AVIATION 

proposed operating limitations, ensure that GROUP 3 AVIATION will safely operate the battery 

powered DJI Phantom 2 and DJI Inspire 1 during daylight hours in visual meteorological conditions 

(VMC), under visual flight rules (VFR), with enough battery power to fly for a total duration of 13.5 

minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that 

for at least 4.5 minutes.

5. Extent Of Relief and The Reason Petitioner Seeks Relief From Sections 91.405(a), 91.407(a)(1), 

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

Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only apply to 

aircraft with an airworthiness certificate, GROUP 3 AVIATION requests relief from these Sections 

because the DJI Phantom 2 and DJI Inspire 1 do not require airworthiness certificates. As set forth 

more fully below, the DJI Phantom 2 and DJI Inspire 1 meet the conditions of FMRA Section 333 

for operation without an airworthiness certificate. Accordingly, GROUP 3 AVIATION will use trained 

technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the 

methods, techniques, and practices prescribed in the UAS operating documents (i.e., DJI Phantom 

2 and DJI Inspire 1 Instruction Manual, Monthly Maintenance Log). Furthermore, 

GROUP 3 AVIATION will document and maintain all maintenance records for the DJI Phantom 2 

UAS and DJI Inspire 1 UAS. 

D. The Reasons Why Granting GROUP 3 AVIATION 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 GROUP 3 AVIATION to 

safely, efficiently, and economically perform aerial video and photography over certain areas of the 

United States, providing high quality imaging for a variety of commercial, public, and residential uses

Additionally, use of the DJI Phantom 2 UAS and DJI Inspire 1 UAS will decrease congestion of the 

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

GROUP 3 AVIATION ‘s proposed operation of the DJI Phantom 2 and DJI Inspire 1 will be realized 

without implicating any privacy issues. 

11
 

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

The DJI Phantom 2 UAS and DJI Inspire 1 UAS are battery powered and serve as a safe, efficient, and 

economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery. By reduc

ing the amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the 

use of a DJI Phantom 2 or DJI Inspire 1 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 UAS 2 and DJI 

Inspire 1 UAS do not require an airport to takeoff or land. Likewise, a reduction of manned aircraft 

conducting aerial video and photography missions would result in fewer aircraft that must be handled 

by air traffic control during the ground, takeoff, departure, arrival, and landing phases of flight opera

tions.

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

Inspire 1 UAS. 

Conducting aerial acquisitions with the DJI Phantom 2 UAS and DJI Inspire 1 UAS, instead of 

manned aircraft, will greatly benefit the public by drastically reducing the levels of air and noise pollu

tion generated during traditional aerial video and still photography flight operations. By using 

battery power and electric motors, the DJI Phantom 2 and DJI Inspire 1 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 8-20 gallons per hour of leaded aviation fuel. The DJI Phantom 2 UAS and 

DJI Inspire 1 UAS, while reducing the carbon footprint of aerial acquisitions, also eliminates noise 

pollution, as the UAS’ are propelled by battery powered electric motors, rather than an internal 

combustion engine. 

By using the DJI Phantom 2 and DJI Inspire 1 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 2 and DJI Inspire 1 

UAS (weighing approximately 2 pounds 11 ounces and 6 pounds 7.5 ounces respectively, at their 

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

inches and 17.7 inches respectively, and with no fuel on board), has less physical potential for collat

eral damage to life and property on the ground, and in the air, compared to the manned aircraft that 

typically conduct similar operations.

12
 

3. Performing Aerial Video and Photography Operations With The DJI Phantom 2 and DJI 

Inspire 1 UASs Will Benefit The Economy. 

In addition to being safe and efficient, the DJI Phantom 2 UAS and DJI Inspire 1 UAS are also 

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

operation of the DJI Phantom 2 UAS and DJI Inspire 1 UAS will allow United States based companies, 

like GROUP 3 AVIATION, 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 

UAS,DJI Phantom 2 and DJI Inspire 1, 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 2 and DJI Inspire 1 UASs, companies such as GROUP 3 AVIATION, 

can remain competitive and profitable, and therefore, provide greater job stability to employees and 

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

performance of U.S. companies, through commercial use of the DJI Phantom 2 UAS and DJI Inspire 

1 UAS, 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, 

GROUP 3 AVIATION’s proposed operation of the DJI Phantom 2 UAS and DJI Inspire 1 UAS 

will not implicate any privacy issues. Specifically, the DJI Phantom 2 and DJI Inspire 1 will be 

operated only in compliance with operating documents (i.e., and DJI Phantom 2 and DJI Inspire 1 

Instruction Manual, Monthly Maintenance Log) which requires property owner involvement as well 

as local law enforcement notification, and in accordance with the Federal Aviation Regulations, in 

cluding 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 GROUP 3 AVIATION Seeks Exemption. 

1. Reasons Why the DJI Phantom 2 UAS and DJI Inspire 1 UAS Meet the Conditions of the FAA 

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

13
 

1. Reasons Why the DJI Phantom 2 UAS and DJI Inspire 1 UAS Meet the Conditions of the FAA 

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

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

aircraft and its operation, GROUP 3 AVIATION’s operation of the DJI Phantom 2 UAS and 

DJI Inspire 1 UAS meet the conditions of FMRA Section 333, and will not require an airworthiness 

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

Section 333 provides authority for a UAS to operate without airworthiness certification and sets forth 

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

otherwise pose a threat to national security. Specifically, FMRA Section 333 states the following, in 

part: 

 (a) In General. - Notwithstanding any other requirement of this subtitle, and not later than 180 

 days after the date of enactment of this Act, the Secretary of Transportation shall determine 

 if certain unmanned aircraft systems may operate safely in the national airspace system before 

 completion of the plan and rulemaking required by section 332 of this Act or the guidance 

 required by section 334 of this Act. 

 (b) Assessment of Unmanned Aircraft Systems. - 

 In making the determination under subsection (a), the Secretary shall determine, at a minimum - 

 

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

 speed, operational capability, proximity to airports and populated areas, and operation 

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

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

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

 cation under section 44704 of title 49, United States Code, is required for the operation 

 of unmanned aircraft systems identified under paragraph (1). 

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

 certain unmanned aircraft systems may operate safely in the national airspace system, the 

 Secretary shall establish requirements for the safe operation of such aircraft systems in the 

 national airspace system. 

In seeking this exemption, GROUP 3 AVIATION submits that the DJI Phantom 2 UAS and DJI 

Inspire 1 UAS can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) 

the characteristics of the DJI Phantom 2 and DJI Inspire 1; (b) the pilot certification requirement; and 

(c) the specific operating limitations. 

14
 

a. The Specifications Of The DJI Phantom 2 UAS and DJI Inspire 1 UAS Demonstrate Its Safe 

Characteristics.

The DJI Phantom 2 and DJI Inspire 1 do not create a hazard to users of the NAS or the public, or 

otherwise pose a threat to national security considering its size, weight, speed, and operational 

capability. 

 i. Technical Specifications Of The DJI Phantom 2 UAS and DJI Inspire 1 UAS. 

The technical specifications of the DJI Phantom 2 and DJI Inspire 1 UASs are set forth by the DJI 

Phantom 2 and DJI Inspire 1 User Manuals, attached hereto as Appendix A and B. 

ii. The DJI Phantom 2 UAS and DJI Inspire 1 UAS Autonomous Flight And Navigation Modes 

Enable The UASs To Remain Within A Defined Operational Area. 

The DJI Phantom 2 and DJI Inspire 1 UASs may be operated in both manual and fully autonomous 

flight modes. A complete description of the flight and navigational modes of the DJI Phantom 2 and 

DJI Inspire 1 UASs is provided at pages 25-35 of the DJI Phantom 2 and pages 12-16 and 45-50 of the 

DJI Inspire 1 User Manuals, attached hereto as Appendix A and B. 

iii. The DJI Phantom 2 and DJI Inspire 1 UASs Are Designed For Automatic Return To Home 

Point or Hover In The Event Of Loss Of The Control Link Or Navigation. 

When the Control Link is lost, the DJI Phantom 2 and DJI Inspire 1 UAs will remain stationary, in 

flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 2 and DJI Inspire 1 UAs do not 

reacquire control link data from the GCS, the UAs will assume that the Control Link is lost and the 

UAs will return to the home position (i.e., failsafe mode) via GPS, and will descend to the takeoff po

sition and shutdown. 

A complete description of the Failsafe Functions of the DJI Phantom 2 UAS are set forth at pages 27 

through 29 and for the DJI Inspire 1 at pages 13 through 15 of the DJI Phantom 2 and DJI Inspire 1 

User Manuals, attached hereto as Appendix A and B. 

iv. The DJI Phantom 2 and DJI Inspire 1 GCS And Its Operation. 

A complete description of the operation and specifications of the DJI Phantom 2 and DJI Inspire 1 

GCS and flight control software is provided at pages 32 through 43 of the DJI Phantom 2 User Manual 

and pages 40 through 47 of the DJI Inspire 1 User Manual. DJI Phantom 2 and DJI Inspire 1 User 

Manuals are attached hereto as Appendix A and B. 

15
 

b. Flight Operations Of DJI Phantom 2 and DJI Inspire 1 UASs Are Limited To The Line Of Sight 

of a Certificated Pilot in Command With A Safety Observer. 

GROUP 3 AVIATION will be the only person to act as a pilot in command (PIC) of the DJI Phantom 

2 and DJI Inspire 1 UASs. Additionally, a safety observer will assist him during flight time. 

c. Flights Of DJI Phantom 2 and DJI Inspire 1 UASs Will Be Conducted Pursuant To Specific 

Operating Limitations. 

In seeking this exemption, GROUP 3 AVIATION proposes to commercially operate DJI Phantom 2 

and DJI Inspire 1 UAS for the special purpose of conducting aerial video and photography over cer

tain areas of United States, pursuant to the following specific operating limitations:

 

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

aircraft described in the operating documents as a rotorcraft UAS weighing less

 than 55 pounds maximum gross weight: DJI Phantom 2 and DJI Inspire 1 Unmanned

 Aircraft Systems. Proposed operations of any other aircraft will require a new petition

 or a petition to amend this grant. 

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

 purpose of aerial video and photography. 

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

4. The UA must be operated at an altitude of no more than 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 FAA-issued airman medical 

 certificate. 

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

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

 VLOS requirement as long as the PIC always maintains VLOS capability. The SO and

 PIC must be able to communicate verbally at all times. Electronic messaging or texting 

 is not permitted during flight operations. The PIC must be designated before the flight 

 and cannot transfer his or her designation for the duration of the flight. The PIC must

 ensure that the SO can perform the functions prescribed in the operating documents. 

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

 avoiding other air traffic and other ground based obstacles/obstructions and is not permitted to 

operate the camera or other instruments.

16
 

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

 operations and made available to the Administrator upon request. If a discrepancy exists 

 between the conditions and limitations contained in the grant of exemption and the 

 procedures outlined in the operating documents, the conditions and limitations contained 

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

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

 update or revise its operating documents. It is the operator’s responsibility to track such

 revisions and present updated and revised documents to the Administrator upon 

 request. The operator must also present updated and revised documents if it petitions 

 for extension or amendment to the grant of exemption. If the operator determines that

 any update or revision would affect the basis upon which the FAA granted the

 exemption, then the operator must petition for amendment to its grant of exemption. 

 The FAA’s UAS Integration Office (AFS-80) may be contacted if questions arise 

 regarding updates or revisions to the operating documents. 

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

 safe flight. If the inspection reveals a condition that affects the safe operation of the 

 UAS, the aircraft is prohibited from operating until the necessary maintenance has been 

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

 Control Station must be included in the preflight inspection. All maintenance and 

 alterations must be properly documented in the aircraft records.

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

 or flight characteristics, e.g. replacement of a flight critical component, must undergo a 

 functional test flight. The PIC who conducts the functional test flight must make an

 entry in the aircraft records. 

12. The pre-flight inspection must account for all potential discrepancies, e.g. inoperable 

 components, items, or equipment, not already covered in the relevant sections of the 

 operating documents. 

13. The operator must follow the UAS manufacturer’s aircraft/component, maintenance, 

 overhaul, replacement, inspection, and life limit requirements. 

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

 requirements, in accordance with the operating documents. Maintenance, inspection, 

 alterations, and status of replacement/overhaul component parts must be noted in the 

 aircraft records, including total time in service, description of work accomplished, and 

 the signature of the authorized person returning the UAS to service. 

15. Each UASs operated under this exemption must comply with all manufacturer Safety 

 Bulletins. 

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

 taken against discrepancies discovered between inspections. 

17
 

17. The PIC must possess at least a private pilot certificate and at least a current third- class

 medical certificate. 

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

 qualification criteria and demonstrates the ability to safely operate the UAS in a

 manner consistent with how the UAS will be operated under the exemption, including 

 evasive and emergency maneuvers and maintaining appropriate distances from persons, 

 vessels, vehicles and structures. PIC qualification flight hours must be logged in a 

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

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

 operations may only be conducted during dedicated training sessions. During training,

 proficiency, and experience-building flights, all persons not essential for flight operations 

 are considered nonparticipants, and the PIC must operate the UA with appropriate 

 distance from nonparticipants in accordance with 14 C.F.R. § 91.119. 

19. UAS operations may not be conducted during night, as defined in 14 C.F.R. § 1.1. All 

 operations must be conducted under visual meteorological conditions (VMC). If flight at 

 night is required, a special request will be made at the FAA office closest to proposed 

 area of operations. Flights under special visual flight rules (SVFR) are not authorized. 

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

 denoted on a current FAA-published aeronautical chart unless a letter of agreement with 

 that airport’s management is obtained, and the operation is conducted in accordance with

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

 management must be made available to the Administrator upon request. 

21. The UA may not be operated less than 500 feet below or less than 2,000 feet 

 horizontally from a cloud or when visibility is less than 3 statute miles from the PIC. 

22. If the UA loses communications or loses its GPS signal, it must return to a pre- 

 determined location within the planned operating area and land or be recovered in 

 accordance with the operating documents. 

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

 accordance with the operating documents. 

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

 weather conditions) there is enough power to fly at normal cruising speed to the intended 

 landing point and land the UA with 25% battery power remaining. 

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

 Waiver or Authorization (COA) prior to conducting any operations under the grant of 

 Exemption, (except when a ‘blanket’ 200-foot COA is issued under new FAA policy). 

This COA will also require the operator to request a Notice to Airman (NOTAM) not more than 

72 hours in advance, but not less than 48 hours prior to the operation. 

All operations shall be conducted in accordance with airspace requirements in 

18
 

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

 requirements. 

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

 number, registered in accordance with 14 C.F.R. part 47, and have identification (N- 

 Number) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must be as 

 large as practicable. 

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

 control of the UA must comply with the Federal Communications Commission (FCC) or 

 other appropriate government oversight agency requirements. 

28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available to the 

 PIC at the Ground Control Station of the UAS any time the UAS is operating. These

 documents must be made available to the Administrator or any law enforcement official 

 upon request. 

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

 and activities at all times. 

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

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

 (persons other than the PIC, SO, operator trainees or essential persons), vessels, vehicles, 

 and structures unless: 

 a. Barriers or structures are present that sufficiently protect nonparticipating persons 

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

 flight operations must cease immediately and/or; 

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

 such vessels, vehicles or structures has granted permission and the PIC has made a safety 

 assessment of the risk of operating closer to those objects and determined that it does not 

 present an undue hazard, and; 

 c. Operations nearer to the PIC, SO, operator trainees or essential persons do not present an 

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

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

 permission from the land owner/controller or authorized representative. Permission 

 from land owner/controller or authorized representative will be obtained for each flight

 to be conducted.

19
 

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

of the operational area as defined by the applicable COA must be reported to the FAA’s UAS 

Integration Office (AFS-80) within 24 hours. Accidents must be

 reported to the National Transportation Safety Board (NTSB) per instructions 

 contained on the NTSB Web site: www.ntsb.gov 

2. Reasons Why An Exemption From The Requirements Of Section 61.113(a) and (b) Would Not 

Adversely Affect Safety.

GROUP 3 AVIATION 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 2 UAS and DJI 

Inspire 1 UAS unless that PIC has demonstrated, by meeting minimum flight-hour and currency 

requirements, that the PIC is able to safely operate the DJI Phantom 2 or DJI Inspire 1 in a manner 

consistent with the exemption, including evasive and emergency maneuvers and maintaining appro

priate distances from people, vessels, vehicles and structures. 

Considering GROUP 3 AVIATION’s proposed area of operations, and the operating limitations set 

forth-above; the parallel nature of private pilot aeronautical knowledge requirements to those of 

commercial pilot requirements (See Exemption No. 11062); and the airmanship skills necessary to 

safely operate the DJI Phantom 2 UAS or DJI Inspire 1 UAS, GROUP 3 AVIATION submits that the 

additional manned airmanship experience of a commercially certificated pilot would not correlate to 

the airmanship skills necessary for GROUP 3 AVIATION’s specific proposed flight operations. 

The FAA has previously granted relief from Section 61.113(a) and (b) specific to UAS, in circum 

stances 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). 

GROUP 3 AVIATION will not allow any PIC to operate the DJI Phantom 2 UAS or DJI Inspire 1 UAS 

unless that PIC has demonstrated, by meeting minimum flight-hour requirements or the DJI Phan

tom 2 UAS or DJI Inspire 1 UAS training and currency requirements, that the PIC is able to safely 

operate the DJI Phantom 2 UAS or DJI Inspire 1 UAS in a manner consistent with this exemption, 

including evasive and emergency maneuvers and maintaining appropriate distances from people, ves

sels, vehicles and structures. 

Specifically, the PIC must have accumulated and logged, in a manner consistent with 14 C.F.R. § 

61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5 hours of those hours 

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

exemption). In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in 

the preceding 90 days (for currency purposes).

20
 

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 

GROUP 3 AVIATION’s proposed operations. The Administrator has held that prior documented 

flight experience that was obtained in compliance with applicable regulations would ensure safe op

erations, stating as follows: 

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

 pose of motion picture filming (or similar operations), the PIC must have accumulated and 

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

 craft 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 accom

 plish 3 takeoffs and landings in the preceding 90 days (for currency purposes). The FAA finds 

 that at a minimum, the flight-hour requirements in Exemption No. 11062 are appropriate to 

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

 proposed operations. The FAA also finds that prior documented flight experience that was 

 obtained in compliance with applicable regulations would satisfy this requirement. Training, 

 proficiency, and experience-building flights can also be conducted under the grant of 

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

 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, GROUP 3 AVIATION will ensure safe operations by not allowing any PIC to operate 

the DJI Phantom 2 or DJI Inspire 1 UAS unless that PIC has demonstrated, by meeting minimum 

flight-hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 2 or DJI 

Inspire 1 UAS in a manner consistent with the exemption, including evasive and emergency 

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

21
 

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, GROUP 3 AVIATION will ensure that the DJI Phantom 2 UAS or DJI Inspire 1 UAS is in an 

airworthy condition based upon the UAS’s compliance with its operating documents and as stated in 

the conditions and limitations herein. 

Additionally, the FAA has previously granted relief from Section 91.7(a) specific to UAS, in circum

stances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 

11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 

11158, 11159, 11160, 11161). 

4. Reasons Why An Exemption From The Requirements Of Section 91.121 Would Not 

Adversely Affect Safety. 

The equivalent level of safety established by Section 91.121 will be maintained because the altitude 

information of the DJI Phantom 2 and DJI Inspire 1 UAs will be provided to the PIC via GPS equip

ment and a radio communications telemetry data link, which downlinks from the UA to the GCS for 

active monitoring of the flight path and altitude. This altitude information, combined with GROUP 

3 AVIATION’s operation of the DJI Phantom 2 and DJI Inspire 1 UAs 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, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 

11161). 

5. Reasons Why An Exemption From The Requirements Of Section 91.151(b) Would Not Ad 

versely Affect Safety.

A grant of this exemption would ensure an equivalent level of safety established by 14 C.F.R. Section 

91.151(b) as a result of (1) the technical specifications of the DJI Phantom 2 and DJI Inspire 1 UASs; 

(2) the limitations on the proposed flight operations; and (3) the location of the proposed flight op

erations. Accordingly, GROUP 3 AVIATION will ensure that it will safely operate the battery powered 

DJI Phantom 2 UAS and DJI Inspire 1 UAS 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, as

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

22
 

Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom 2 UAS and DJI 

Inspire 1 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). Fur 

thermore, safety will be ensured as the DJI Phantom 2 UAS and DJI Inspire 1 UAS provide audible 

and visual warnings to the PIC at the GCS when the UAs experiences low battery voltage, the first 

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

remaining battery power. At the critically low battery level, the DJI Phantom UAS and DJI Inspire 1 

UAS will descend and land automatically at set home.

Significantly, previous exemptions granted by the FAA concerning Section 91.151 establish that safety 

is not adversely affected when the technical characteristics and operating limitations of the UAS are 

considered. Relief has been granted for manned aircraft to operate at less than the minimums pre 

scribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA 

has previously granted relief from Section 91.151 specific to UAS, in circumstances similar, in all 

material respects, to those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 

11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 

11158, 11159, 11160, 11161). 

6. Reasons Why An Exemption From The Requirements Of Sections 91.405(a), 91.407(a)(1), 

91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would Not Adversely Affect Safety. 

In seeking this exemption, GROUP 3 AVIATION submits that the equivalent level of safety with re

gard 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 GROUP 3 AVIATION 

will use trained technicians to perform maintenance, alterations, or preventive maintenance on the 

UASs using the methods, techniques, and practices prescribed in the operating documents (i.e., DJI 

Phantom 2 and DJI Inspire 1 Instruction Manual, Monthly Maintenance Log). Furthermore, 

GROUP 3 AVIATION will document and maintain all maintenance records for the DJI Phantom 2 

UAS and DJI Inspire 1 UAS. 

Since the DJI Phantom 2 UAS and DJI Inspire 1 UAS will be inspected as outlined by the 

operating documents, GROUP 3 AVIATION 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 2 and DJI Inspire 1 

User Manuals are attached hereto as Appendix A and B; a copy of the DJI Phantom 2 and DJI Inspire 

1 UAS Maintenance LOG is attached hereto as Appendix C. 

Likewise, the exemption sought will not adversely affect safety because GROUP 3 AVIATION will use 

trained technicians to perform maintenance, alterations or preventive maintenance on the UAS using 

the methods, techniques, and practices prescribed by the operating documents.

23
 

Furthermore, the exemption sought would maintain an equivalent level of safety established by Sec

tions 91.407, 91.417(a) and 91.417(b), because all maintenance of the DJI Phantom 2 UAS and DJI 

Inspire 1 UAS will be performed by trained technicians. Maintenance will be documented and main

tained 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 GROUP 3 AVIATION’s proposed operating limitations, the operating 

documents, and the technical aspects of the DJI Phantom 2 and DJI Inspire 1 UASs, GROUP 3 

VIATION submits that safety will not be adversely affected by granting exemption from 14 C.F.R. 

Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has 

previously granted relief specific to UAS in circumstances similar, in all material respects, to those 

presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 

11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). 

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

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 

14 C.F.R. § 21.16 entitled Special Conditions, GROUP 3 AVIATION requests that the FAA prescribe 

special conditions for the intended operation of the DJI Phantom 2 UAS and DJI Inspire 1 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, provides the au 

thority for such UAS to operate without airworthiness certification in accordance with any require

ments 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 2 UAS and DJI Inspire 1 UAS, since the airworthiness regu

lations of 14 C.F.R. Part 21 do not contain adequate or appropriate safety standards, due to the novel 

or unusual design features of the aircraft. Section 21.16, entitled Special Conditions, 

states the following: 

If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or ap

propriate 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 amend

ments 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. 

24
 

Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R.

§ 21.16, for operation of the DJI Phantom 2 UAS and DJI Inspire 1 UAS, since the airworthiness regu

lations of 14 C.F.R. Part 21 do not contain adequate or appropriate safety standards, due to the novel 

or unusual design features of the aircraft. Section 21.16, entitled Special Conditions, 

states the following: 

 

 If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate 

 or appropriate safety standards for an aircraft, aircraft engine, or propeller because of a novel 

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

 conditions and amendments thereto for the product. The special conditions are issued in 

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

 aircraft engine or propeller as the FAA finds necessary to establish a level of safety equivalent 

 to that established in the regulations. 

See 14 C.F.R. § 21.16.

Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe 

special conditions for Leading Edge’s intended operation of the DJI Phantom 2 UAS and DJI Inspire 1 

UAS, which contain such safety standards that the Administrator finds necessary to establish a level 

of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 

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

91.417(a) & (b).

25
 

A Summary That Can Be Published in the Federal Register, stating:

The Rules From Which GROUP 3 AVIATION Seeks Exemption: 

 GROUP 3 AVIATION 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 GROUP 3 AVIATION Seeks: 

 This exemption will permit GROUP 3 AVIATION to commercially operate an 

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

 photography over certain areas of the United States.

Any Additional Information, Views, Or Arguments Available To Support GROUP 3 AVIATION’s 

Request. 

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 

(FMRA) Section 333, which directs the Secretary of Transportation to determine if certain UAS may 

operate safely in the NAS. As such, GROUP 3 AVIATION’s request for exemption may be granted 

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

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, GROUP 3 AVIATION will operate the DJI Phantom 2 UAS and DJI 

Inspire 1 UAS safely in the NAS, without creating a hazard to users of the NAS, or the public, or 

otherwise pose a threat to national security. 

26
 

CONCLUSION

As set forth herein, GROUP 3 AVIATION 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 2 UAS and DJI Inspire 1 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 GROUP 3 AVIATION to safely, efficiently, and economically 

operate the DJI Phantom 2 UAS and DJI Inspire 1 UASs commercially within the NAS. 

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

Reform Act of 2012, Section 333, GROUP 3 AVIATION 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 2 UAS and DJI Inspire 1 UAS 

commercially for the purpose of conducting aerial video and photography over certain areas of the 

United States.

 Dated: APRIL 10, 2015

 Respectfully submitted,

 PETER LOWRY, CFO

GROUP 3 AVIATION INC

 

 _________________________

GROUP 3 AVIATION

16425 HART STREET, SUITE 211

VAN NUYS, CA 91406

818-994-9376

27
 

Appendices:

A – DJI Phantom 2 Manual: 

B – DJI Inspire 1 Specifications Data Sheet

C – Monthly Maintenance Log

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