Page 1 of 25

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

Curt Bernstein

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

UNMANNED AIRCRAFT SYSTEM PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012

(PUBLIC LAW 112-95)
Page 2 of 25

TABLE OF CONTENTS

GLOSSARY OF ABBREVIATIONS - page 3

SUMMARY - page 4

INTRODUCTION AND INTERESTS OF PETITIONER - page 4

SPECIFIC UAS MODELS REQUESTED FOR EXEMPTION - page 4

BASIS FOR PETITION - page 5

NAME AND ADDRESS OF PETITIONER - page 6

SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH CURT BERNSTEIN SEEKS

EXEMPTION - page 7

THE EXTENT OF RELIEF CURT BERNSTEIN SEEKS AND THE REASON CURT

BERNSTEIN SEEKS THE RELIEF - page 10

THE REASONS WHY GRANTING CURT BERNSTEIN’S REQUEST WOULD

BE IN THE PUBLIC INTEREST - page 12

REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY AFFECT

SAFETY - page 14

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER - page 24

CONCLUSION - page 25
Page 3 of 25

GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

GCS Ground Control Station

GPS Global Positioning System

LOL Loss of Link

NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot in Command

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

SO Safety Observer

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Sight

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing
Page 4 of 25

SUMMARY

CURT BERNSTEIN seeks exemption from the requirements of 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)

to operate an Unmanned Aircraft System pursuant to Section 333 of the FAA Modernization and

Reform Act of 2012 (FMRA). This exemption will permit CURT BERNSTEIN to operate an

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

photography of real estate, and landscape over certain areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

CURT BERNSTEIN provides his clients with photography and videography for the purposes of

advertising, documenting, and broadcasting. CURT BERNSTEIN has over 5 years of

experience flying Hobby RC Helicopters and Multi-rotors. The objective of CURT

BERNSTEIN and his aerial operations is to provide high quality imaging for a variety of

commercial and public uses, specifically targeting Construction and Development Marketing,

Documentation, and Broadcast Media.

UAS MODELS REQUESTED FOR EXEMPTION

CURT BERNSTEIN seeks an exemption to operate DJI systems for compensation of hire within

the NAS. CURT BERNSTEIN seeks exemption for operation of DJI Phantom 3 and DJI Inspire

1 UAS’s. Please see attachments for Operating Manuals.
Page 5 of 25

BASIS FOR PETITION

Petitioner, CURT BERNSTEIN, 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, herby petitions the Administrator to

commercially operate specifically requested UAS’s in the National Airspace System (NAS), and

for 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 Unmanned

Aircraft (UA) and its operation, CURT BERNSTEIN’S operations of specifically requested UAS

models, each meet 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, CURT BERNSTEIN 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.

CURT BERNSTEIN submits that the requested relief is proper since an equivalent level of

safety will be ensured. CURT BERNSTEIN will use experienced personnel or technicians to

perform maintenance, alterations, or preventive maintenance on the UAS using the methods,

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

Logs, and Attached Instruction Manuals). Furthermore, CURT BERNSTEIN will document and

maintain all maintenance records for all UAS’s to be used for operations.

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

and limitations: Pilot in command, is requested by CURT BERNSTEIN to the extent necessary

to allow a Pilot in Command (PIC) holding a sport 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 specific UAS in a manner

consistent with this exemption, including evasive and emergency maneuvers and maintaining

appropriate distances from people, vessels, vehicles and structures.

CURT BERNSTEIN seeks relief from Section 91.7(a), entitled Civil Aircraft Airworthiness,

because the specifically requested UAS models do not require an airworthiness certificate in

accordance with 14 C.F.R. Part 21, Subpart H. As such, CURT BERNSTEIN submits that he

will ensure that all UAS’s used for operation 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 the Manufacturer Instruction Manual), and that the aircraft is in a

condition for safe flight. Additionally, CURT BERNSTEIN will ensure that specific UAS

models are properly registered for flight through the faa.gov.

CURT BERNSTEIN also seeks an exemption from the requirements of Section 91.121, entitled

Altimeter Settings, as the requested UAS’s will not have a typical barometric altimeter onboard.

However, all requested UAS’s provide the PIC with altitude information 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
Page 6 of 25

with CURT BERNSTEIN’S operation of the UAS’s within visual line of sight, at or below 400

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

Additionally, CURT BERNSTEIN seeks an exemption from the requirements of Section

91.151(b), entitled Fuel requirements for flight in VFR conditions. CURT BERNSTEIN submits

that safety will not be affected by operation of the requested UAS’s during daylight hours in

visual meteorological conditions (VMC) under visual flight rules (VFR). CURT BERNSTEIN

submits that an equivalent level of safety will be achieved by maintaining a minimum of 25%

battery power to allow UAS to safely land within its planned landing zone.

In accordance with 14 C.F.R. § 11.81, CURT BERNSTEIN provides the following information

in support of his petition for exemption:

NAME AND ADDRESS OF THE PETITIONER

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

Curt Bernstein

1354 W. 3rd Ave.

Columbus, OH 43212

440-476-2001

curtb6@gmail.com
Page 7 of 25

SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH CURT BERNSTEIN SEEKS

EXEMPTION

61.113(a)

61.113(b)

91.7(a)

91.121

91.151(b)

91.405(a)

91.407(a)(1)

91.409(a)(1)

91.409(a)(2)

91.417(a)

91.417(b)

1. CURT BERNSTEIN Seeks Exemption From The Requirements Of Section 61.113(a) and (b).

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

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

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

aircraft that is carrying passengers or property for compensation or hire; nor may that person, for

compensation or hire, act as PIC of an aircraft.

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

business or employment if—

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

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

2. CURT BERNSTEIN 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. CURT BERNSTEIN 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;
Page 8 of 25

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

current reported altimeter setting of an appropriate available station; or

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

an appropriate altimeter setting available before departure.

4. CURT BERNSTEIN 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. CURT BERNSTEIN 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. CURT BERNSTEIN 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. CURT BERNSTEIN 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.
Page 9 of 25

8. CURT BERNSTEIN 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 recurring action, the time and date when the next action is

required.

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

airframe and currently installed engines, rotors, propellers, and appliances.

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

(1) The records specified in paragraph (a)(1) of this section shall be retained until the work is

repeated or superseded by other work 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.
Page 10 of 25

(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.

THE EXTENT OF RELIEF CURT BERNSTEIN SEEKS AND THE REASON CURT

BERNSTEIN SEEKS THE RELIEF

1. Extent Of Relief CURT BERNSTEIN Seeks And The Reason CURT BERNSTEIN 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, CURT BERNSTEIN submits that an equivalent level of safety

will be maintained because no PIC will be allowed to operate the DJI Phantom 3 and Inspire

UAS’s unless that PIC has met certain flight-hour and currency requirements, demonstrating that

the PIC is able to safely operate the DJI Phantom 3 or Inspire 1 UAS’s 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, CURT BERNSTEIN submits that all flights of the DJI Phantom 3 and Inspire 1 UAS

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

BERNSTEIN’s business; and (2) will not carry passengers or property for compensation or hire.

2. Extent Of Relief CURT BERNSTEIN Seeks And The Reason CURT BERNSTEIN 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 CURT BERNSTEIN to determine that the DJI Phantom 3 and Inspire 1 UAS

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

the operating documents (i.e., the CURT BERNSTEIN Aerial Operations Manual, Monthly

Maintenance Log, and UAS Instruction Manuals).

CURT BERNSTEIN seeks the requested relief because the DJI Phantom 3 and Inspire 1 UAS’s

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

Therefore, CURT BERNSTEIN will ensure that the DJI Phantom 3 and Inspire 1 UAS’s are in

airworthy condition based upon its compliance with the operating documents (i.e., Monthly
Page 11 of 25

Maintenance Log, UAS Instruction Manual) prior to every flight, and further, determine that the

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

3. Extent Of Relief CURT BERNSTEIN Seeks And The Reason CURT BERNSTEIN Seeks

Relief From Section 91.121.

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

operations of the DJI Phantom 3 UAS, which utilize a barometric pressure sensor, GPS

equipment, and a radio communications telemetry data link to downlink altitude information

from the UA to the PIC at the ground control station (GCS). Since the FAA requires that any

altitude information concerning UAS operations be reported to air traffic control (ATC) in feet

above ground level (AGL), CURT BERNSTEIN seeks the requested relief because the DJI

Phantom 3and Inspire 1 UAS’s altimeter may be set on the ground to zero feet AGL, rather than

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

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

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

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

Phantom 3 UA's altitude information 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.

4. Extent Of Relief CURT BERNSTEIN Seeks And The Reason CURT BERNSTEIN Seeks

Relief From Section 91.151(b).

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

requested to the extent required to allow flights of the battery powered DJI Phantom 3 and

Inspire 1 UAS’s during daylight hours in visual meteorological conditions (VMC), under visual

flight rules (VFR), for a total duration of 14.5 minutes to the first point of intended landing and,

assuming normal cruising speed, to fly after that for at least 4.5 minutes. CURT BERNSTEIN

seeks the requested relief because without an exemption from Section 91.151(b), the flight time

duration of the battery powered DJI Phantom 3 and Inspire 1 UAS’s will severely constrain the

practicality of any aerial video or still photo flight operations that CURT BERNSTEIN proposes

to conduct pursuant to this Petition.

Significantly, as set forth below, the technical specifications of the DJI Phantom 3 and Inspire 1 

UAS's operating documents, and CURT BERNSTEIN’s proposed operating limitations, ensure

that CURT BERNSTEIN will safely operate the battery powered DJI Phantom 3 and Inspire 1

UAS’s during daylight hours in visual meteorological conditions (VMC), under visual flight

rules (VFR), with enough battery power to fly for a total duration of 14.5 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 CURT BERNSTEIN Seeks And The Reason CURT BERNSTEIN 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, CURT BERNSTEIN requests relief from these Sections
Page 12 of 25

because the DJI Phantom 3 and Inspire 1 UAS’s do not require an airworthiness certificate. As

set forth more fully below, the DJI Phantom 3 and Inspire 1 UAS’s meet the conditions of

FMRA Section 333 for operation without an airworthiness certificate. Accordingly, CURT

BERNSTEIN 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., Aerial Operations Manual, Monthly Maintenance Log, and the

specific UAS Instruction Manual). Furthermore, CURT BERNSTEIN will document and

maintain all maintenance records for the DJI Phantom 3 and Inspire 1 UAS’s.

THE REASONS WHY GRANTING CURT BERNSTEIN’S REQUEST WOULD

BE IN THE PUBLIC INTEREST

Granting the present Petition will further the public interest by allowing CURT BERNSTEIN to

safely, efficiently, and economically perform aerial video and photography of real estate, and

landscape over certain areas of the United States. Use of the DJI Phantom 3 and Inspire 1 UAS’s

will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the

economy. Notably, the benefits of CURT BERNSTEIN’s proposed operation of the DJI

Phantom 3 and Inspire 1 UAS’s will be realized without implicating any privacy issues. 

The DJI Phantom 3 and Inspire 1 UAS’s are both battery powered and serve as a safe, efficient,

and economical alternatives to the manned aircraft traditionally utilized to obtain aerial imagery.

By reducing the amount of manned aircraft needed to perform aerial acquisitions, an exemption

allowing the use of a DJI Phantom 3 and Inspire 1 UAS’s would reduce the amount of manned

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

property in the air and on the ground. Furthermore, by reducing the number of manned aircraft

operating in the NAS, congestion around airports caused by arriving and departing aircraft will

be reduced. The DJI Phantom 3 and Inspire 1 UAS’s do not require an airport to takeoff or land. 

Likewise, a reduction of manned aircraft conducting aerial video and photography missions

would result in fewer aircraft that must be handled by air traffic control during the ground,

takeoff, departure, arrival, and landing phases of flight operations.

The Public Will Benefit From The Safety And Efficiency Of The DJI Phantom 3 and Inspire 1

UAS’s. Conducting aerial acquisitions with the DJI Phantom 3 and Inspire 1 UAS’s, instead of

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

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

using battery power and electric motors, the DJI Phantom 3 and Inspire 1 UAS’s produce no air

pollution, and is the most viable environmentally conscious alternative to the cabin class, six

cylinder internal combustion engine aircraft that are typically utilized for aerial video and

photography, while burning approximately 20-30 gallons per hour of leaded aviation fuel. The

DJI Phantom 3 and Inspire 1 UAS’s, while reducing the carbon footprint of aerial acquisitions,

also eliminate noise pollution, as the UAS’s are propelled by battery powered electric motors,

rather than an internal combustion engine.

By using the DJI Phantom 3 and Inspire 1 UAS’s to perform aerial acquisitions, the substantial

risk to life and property in the air and on the ground, which is usually associated with traditional
Page 13 of 25

manned aircraft flight operations, will be substantially reduced or completely eliminated. With a

physical comparison of alternatives, the DJI Phantom 3 and Inspire 1 UAS’s have less physical

potential for collateral damage to life and property on the ground, and in the air, when compared

to the manned aircraft that typically conduct similar operations (weighing approximately 6,000

pounds with a wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacity of 180

gallons). Performing Aerial Video and Photography Operations With

In addition to being safe and efficient, the DJI Phantom 3 and Inspire 1 UAS’s are also both

economical alternatives to using manned aircraft to conduct similar aerial operations, and will

therefore benefit the economy. As such, operation of the DJI Phantom 3 and Inspire 1 UAS’s

will allow United States based companies, like CURT BERNSTEIN, to remain competitive and

contribute to growth of the United States economy. Specifically, with regards to aviation fuel,

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

fuels. As United States owned and operated companies must adopt new and alternative

technology in order to remain competitive, UAS’s provide an alternative means of operation

without use of aviation fuel. Operating the battery powered DJI Phantom 3 and Inspire 1 UAS’s

is one such technology that not only allows companies greater operational flexibility compared

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

manned aircraft.

By operating the DJI Phantom 3 and Inspire 1 UAS’s, companies such as CURT BERNSTEIN,

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

contractors, and existing clientele, which will ultimately contribute to growth of the U.S.

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

DJI Phantom 3 and Inspire 1 UAS’s, provide 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.

CURT BERNSTEIN ensures that there Are No Privacy Issues. Similar to the manned aerial

acquisition flight operations that have been conducted for decades, CURT BERNSTEIN’s

proposed operation of the DJI Phantom 3 and Inspire 1 UAS’s will not implicate any privacy

issues. Specifically, the DJI Phantom 3 and Inspire 1 UAS’s will be operated only in compliance

with operating documents (i.e., Monthly Maintenance Log, and the UAS Instruction Manual)

which requires property owner involvement as well as local law enforcement notification, and in

accordance with the Federal Aviation Regulations, including the minimum altitude requirements

of 14 C.F.R. § 91.119.
Page 14 of 25

REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY

AFFECT SAFETY

CURT BERNSTEIN ensures that granting the exemption would not adversely affect safety, and

that the exemption would provide a level of safety at least equal to that provided by the rule from

which CURT BERNSTEIN seeks exemption.

1. Reasons Why the DJI Phantom 3 and Inspire 1 UAS’s Meet The Conditions Of The FAA

Modernization and Reform Act of 2012 (FMRA) Section 333, And How an Equivalent Level of

Safety Will be Achieved.

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

unmanned aircraft and its operation, CURT BERNSTEIN’s operation of the DJI Phantom 3 and

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

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

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

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

public, or otherwise pose a threat to national security. Specifically, FMRA Section 333 states the

following, in part:

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

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

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

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

required by section 334 of this Act.

(b) Assessment of Unmanned Aircraft Systems.— In making the determination under subsection

(a), the Secretary shall determine, at a minimum—

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

operational capability, proximity to airports and populated areas, and operation within visual line

of sight do not create a hazard to users of the national airspace system or the public or pose a

threat to national security; and

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

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

aircraft systems identified under paragraph (1).

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

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

establish requirements for the safe operation of such aircraft systems in the national airspace

system.

In seeking this exemption, CURT BERNSTEIN submits that the DJI Phantom 3 and Inspire 1

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

the characteristics of the DJI Phantom 3 UAS; (b) the pilot certification requirement; and (c) the

specific operating limitations.
Page 15 of 25

a. The Specifications Of the DJI Phantom 3 and Inspire 1 UAS’s Demonstrates Safe

Characteristics.

The DJI Phantom 3 and Inspire 1 UAS’s do not create a hazard to users of the NAS or the public,

or otherwise pose a threat to national security considering their size, weight, speed, and

operational capability.

i. Technical Specifications Of the DJI Phantom 3 and Inspire 1 UAS’s.

The technical specifications of these DJI UAS’s are set forth by the DJI Phantom 3 User Manual,

and DJI Inspire 1 User Manual, attached hereto.

ii. The DJI Phantom 3 and Inspire 1 UAS’s Autonomous Flight And Navigation Modes Enable

The UAS To Remain Within A Defined Operational Area.

The DJI Phantom 3 and Inspire 1 UAS’s may be operated in both manual and fully autonomous

flight modes. A complete description of the flight and navigational modes of the DJI Phantom 3

UAS are provided in the DJI Phantom 3 User Manual, and the DJI Inspire 1 User Manual

attached hereto.

iii. The DJI Phantom 3 and Inspire 1 UAS’s 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 UAS will remain stationary, in flight, for 3 seconds or more.

If, after 3 seconds, the UAS does not reacquire control link data from the GCS, the UAS will

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

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

A complete description of Failsafe Functions and the flight control software of the DJI Phantom

3 and Inspire 1 UAS is provided in the DJI Phantom 3 User Manual, attached hereto.

b. Flight Operations Of the UAS is Limited To The Line Of Sight Of A Certificated Pilot in

Command With A Safety Observer.

CURT BERNSTEIN will be the only person to act as a pilot in command (PIC) of the UAS. 

Additionally, a safety observer will assist in flights.

c. Flights Of the UAS Will Be Conducted Pursuant To Specific Operating Limitations.

In seeking this exemption, CURT BERNSTEIN proposes to commercially operate the DJI

Phantom 3 and Inspire 1 UAS’s for the special purpose of conducting aerial video and

photography over certain areas of United States, pursuant to the following specific operating

limitations:

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

described in the operating documents, rotorcraft UASs weighing less than 55 pounds maximum

gross weight and both DJI Phantom 3 and Inspire 1 Unmanned Aircraft Systems. Proposed

operations of any other aircraft will require a new petition or a petition to amend this grant.
Page 16 of 25

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

of aerial video and photography.

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

4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL),

as indicated by the procedures specified in the operating documents unless a special request is

made and approved by ATC. All altitudes reported to ATC must be in feet AGL.

5. The UAs must be operated within visual line of sight (VLOS) of the PIC at all times. This

requires the PIC to be able to use human vision unaided by any device other than corrective

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

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

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

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

to communicate verbally at all times. Electronic messaging or texting is not permitted during

flight operations. The PIC must be designated before the flight and cannot transfer his or her

designation for the duration of the flight. The PIC must ensure that the SO can perform the

functions prescribed in the operating documents.

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

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

camera or other instruments.

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

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

the conditions and limitations contained in the grant of exemption and the procedures outlined in

the operating documents, the conditions and limitations contained in the grant of exemption take

precedence and must be followed. Otherwise, the operator must follow the procedures as

outlined in its operating documents. The operator may update or revise its operating documents.

It is the operator’s responsibility to track such revisions and present updated and revised

documents to the Administrator upon request. The operator must also present updated and

revised documents if it petitions for extension or amendment to the grant of exemption. If the

operator determines that any update or revision would affect the basis upon which the FAA

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

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

updates or revisions to the operating documents.

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

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

is prohibited from operating until the necessary maintenance has been performed and the UAS is

found to be in a condition for safe flight. The Ground Control Station must be included in the

preflight inspection. All maintenance and alterations must be properly documented in the aircraft

records.
Page 17 of 25

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

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

against discrepancies discovered between inspections.

17. The PIC must possess at least a sport 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.
Page 18 of 25

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

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

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

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

operating documents.

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

accordance with the operating documents.

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

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

and land the UA with 25% battery power remaining.

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

Authorization (COA) prior to conducting any operations under the grant of exemption. This

COA will also require the operator to request a Notice to Airman (NOTAM) not more than 72

hours in advance, but not less than 48 hours prior to the operation. All operations shall be

conducted in accordance with

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

potential transponder requirements.

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

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

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

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

the UA must comply with the Federal Communications Commission (FCC) or other appropriate

government oversight agency requirements.

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

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

be made available to the Administrator or any law enforcement official upon request.

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

activities at all times.

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

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

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

structures unless:

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

UA and/or debris in the event of an accident. The operator must ensure that nonparticipating

persons remain under such protection. If a situation arises where nonparticipating persons leave
Page 19 of 25

such protection and are within 500 feet of the UA, flight operations must cease immediately

and/or;

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

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

of the risk of operating closer to those objects and determined that it does not present an undue

hazard, and;

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

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

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

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

owner/controller or authorized representative will be obtained for each flight to be conducted.

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

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

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

Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site:

www.ntsb.gov.

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

Not Adversely Affect Safety.

CURT BERNSTEIN 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 UAS unless that PIC

has demonstrated, by meeting minimum flight-hour and currency requirements, that the PIC is

able to safely operate the in a manner consistent with that UAS model, and the exemption,

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

vessels, vehicles and structures.

Considering CURT BERNSTEIN’s proposed area of operations, and the operating limitations set

forth- above; the parallel nature of sport and private pilot aeronautical knowledge requirements

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

necessary to safely operate the DJI Phantom 3 and DJI Inspire 1 UAS, CURT BERNSTEIN

submits that the additional manned airmanship experience of a commercially certificated pilot

would not correlate to the airmanship skills necessary for CURT BERNSTEIN’s specific

proposed flight operations. The FAA has previously granted relief from Section 61.113(a) and

(b) specific to UAS, in circumstances similar, in all material respects, to those presented herein

(e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112,

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

CURT BERNSTEIN will not allow any PIC to operate the DJI Phantom 3 or Inspire 1 UAS

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

training and currency requirements, that the PIC is able to safely operate the UAS in a manner

consistent with this exemption, including evasive and emergency maneuvers and maintaining

appropriate distances from people, vessels, vehicles and structures.
Page 20 of 25

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

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

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

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

landings in the preceding 90 days (for currency purposes).

As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that was

obtained in compliance with applicable regulations will ensure an equivalent level of safety

during CURT BERNSTEIN’s proposed operations. The Administrator has held that prior

documented flight experience that was obtained in compliance with applicable regulations would

ensure safe operations, stating as follows:

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

motion picture filming (or similar operations), the PIC must have accumulated and logged, in a

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

including at least 10 hours logged as a UAS pilot with a multi-rotor UAS. Prior to operations

under Exemption No. 11062, the PIC must also have accumulated and logged a minimum of 5

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

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

inclusive rather than additive; i.e. 5 hours make and model time may be included in the 10 hours

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

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

the preceding 90 days (for currency purposes). The FAA finds that at a minimum, the flight-hour

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

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

prior documented flight experience that was obtained in compliance with applicable regulations

would satisfy this requirement. Training, proficiency, and 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.

Accordingly, CURT BERNSTEIN will ensure safe operations by not allowing any PIC to

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

currency requirements, that the PIC is able to safely operate the UAS in a manner consistent with

the exemption, including evasive and emergency maneuvers and maintaining appropriate

distances from people, vessels, vehicles and structures.

3. Reasons Why An Exemption From The Requirements Of Section 91.7(a) Would Not

Adversely Affect Safety.

The equivalent level of safety established by Section 91.7(a) will be maintained because prior to

every flight, CURT BERNSTEIN will ensure that the UAS is in an airworthy condition based

upon the UAS’s compliance with its operating documents and as stated in the conditions and

limitations herein.

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

circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos.
Page 21 of 25

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 UA will be provided to the PIC via GPS equipment and a radio

communications telemetry data link, which downlinks from the UA to the GCS for active

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

BERNSTEIN’s operation of the and DJI Phantom 3 UAs within visual line of sight, at or below

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

information will be generated by GPS equipment installed onboard the aircraft. Prior to each

flight, a zero altitude initiation point is automatically established by the 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

Adversely 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 3 UAS; (2)

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

operations. Accordingly, CURT BERNSTEIN will ensure that it will safely operate the battery

powered DJI Phantom 3 UA during daylight hours in VFR conditions, with enough battery

power to fly for a total duration of 13.5 minutes to the first point of intended landing and,

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

Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom 3 UAS; the

limitations on the proposed flight operations; and the location of the proposed operations, will

ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b). Furthermore,

safety will be ensured as the DJI Phantom 3 UAS provides audible and visual warnings to the

PIC at the GCS when the UA experiences low battery voltage, the first warning occurring at

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

power. At the critically low battery level, the DJI Phantom 3 UAS will descend and land

automatically. The technical specifications of the DJI Inspire 1 UAS also provides audible and

visual warnings to the PIC at the GCS when the UA 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 Inspire 1 UAS will

descend and land automatically.

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

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

UAS are considered. Relief has been granted for manned aircraft to operate at less than the
Page 22 of 25

minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650.

Moreover, the FAA has previously granted relief from Section 91.151 specific to UAS, in

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

8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110,

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

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, CURT BERNSTEIN submits that the equivalent level of safety with

regard to the regulatory maintenance and alteration requirements established by Sections

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met because CURT

BERNSTEIN 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., the CURT BERNSTEIN Aerial Operations Manual, Monthly

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

BERNSTEIN will document and maintain all maintenance records for the DJI Phantom 3 and

Inspire 1 UAS’s. Since the UAS’s will be inspected as prescribed by the operating documents,

CURT BERNSTEIN will maintain the equivalent level of safety established by Sections

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

DJI Inspire 1 User Manual is attached hereto.

Likewise, the exemption sought will not adversely affect safety because CURT BERNSTEIN

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

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

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

Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the DJI Phantom 3 and

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

maintained utilizing the monthly maintenance log.

Significantly, previous exemptions granted by the FAA concerning Sections 91.405(a),

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not adversely

affected when the technical characteristics and operating limitations of the UAS are considered.

In consideration of CURT BERNSTEIN’s proposed operating limitations, the operating

documents, and the technical aspects of the DJI Phantom 3 UAS, CURT BERNSTEIN 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.
Page 23 of 25

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, CURT BERNSTEIN requests that the FAA

prescribe special conditions for the intended operation of the DJI Phantom 3 and Inspire 1 UAS’s

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 authority for such UAS to operate without airworthiness

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

of the UAS in the NAS.

Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for

operation of the DJI Phantom 3 UAS, since the airworthiness regulations of 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 CURT BERNSTEIN’s intended operation of the DJI Phantom 3

and Inspire 1 UAS’s, 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).

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER

CURT BERNSTEIN 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).
Page 24 of 25

A Brief Description Of The Nature Of The Exemption CURT BERNSTEIN Seeks:

This exemption will permit CURT BERNSTEIN 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 CURT

BERNSTEIN’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, CURT BERNSTEIN’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, CURT BERNSTEIN will operate a DJI Phantom 3 or 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.
Page 25 of 25

CONCLUSION

As set forth herein, CURT BERNSTEIN seeks an exemption pursuant to 14 C.F.R. § 11.61 and

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

operation of the DJI Phantom 3 and 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 CURT BERNSTEIN to safely, efficiently, and

economically operate these UAS commercially within the NAS.

In accordance with the Federal Aviation Regulations and the FAA Modernization and Reform

Act of 2012, Section 333, CURT BERNSTEIN 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 CURT BERNSTEIN to operate the DJI Phantom 3 UAS and the DJI Inspire 1 UAS

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

the United States.

Dated: January 4th, 2016

Respectfully submitted,

Curt R. Bernstein

1354 W. 3rd Ave.

Columbus, OH 43212

440-476-2001

curtb6@gmail.com