July 15, 2015

Exemption No. 12059

Regulatory Docket No. FAA–2015-1569

Mr. Joseph Daniel Rodricks

174 West Street

P.O. Box 389

East Bridgewater, MA 02333

Dear Mr. Rodricks:

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends.

By letter posted to the public docked on May 11, 2015, you petitioned the Federal Aviation 

Administration (FAA) for an exemption. The petitioner requested to operate an unmanned 

aircraft system (UAS) to conduct aerial videography, photography, and inspections.

See Appendix A for the petition submitted to the FAA describing the proposed operations and 

the regulations that the petitioner seeks an exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to the petitioner.

Airworthiness Certification

The UAS proposed by the petitioner is a DJI Phantom 3.

In accordance with the statutory criteria provided in Section 333 of Public Law 112−95 in 

reference to 49 U.S.C. § 44704, and in consideration of the size, weight, speed, and limited 

operating area associated with the aircraft and its operation, the Secretary of Transportation 

has determined that this aircraft meets the conditions of Section 333. Therefore, the FAA 

finds that relief from 14 CFR part 21, Certification procedures for products and parts, 
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Subpart H—Airworthiness Certificates, and any associated noise certification and testing 

requirements of part 36, is not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection1. The FAA has issued grants of 

exemption in circumstances similar in all material respects to those presented in your petition. 

In Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352), 

11109 to Clayco, Inc. (see Docket No. FAA−2014−0507), 11112 to VDOS Global, LLC (see

Docket No. FAA−2014−0382), and 11213 to Aeryon Labs, Inc. (see Docket No. 

FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned 

aircraft (UA) with the specifications described by the petitioner and carrying no passengers or 

crew, rather than a manned aircraft of significantly greater proportions, carrying crew in 

addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled 

by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I find that—

 They are similar in all material respects to relief previously requested in Grant of 

Exemption Nos. 11062, 11109, 11112, and 11213;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 

11213 also apply to the situation you present; and 

 A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, 

delegated to me by the Administrator, Mr. Joseph Daniel Rodricks is granted an exemption 

from 14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 

91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) 

and (b), to the extent necessary to allow the petitioner to operate a UAS to perform aerial data 

collection. This exemption is subject to the conditions and limitations listed below.

Conditions and Limitations

In this grant of exemption, Mr. Joseph Daniel Rodricks is hereafter referred to as the operator.

 

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. 

Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF 

analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by 

instruments aboard the UA.
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Failure to comply with any of the conditions and limitations of this grant of exemption will be 

grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the DJI Phantom 3

when weighing less than 55 pounds including payload. Proposed operations of any 

other aircraft will require a new petition or a petition to amend this exemption.

2. Operations for the purpose of closed-set motion picture and television filming are 

not permitted. 

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The 

exemption holder may use either groundspeed or calibrated airspeed to determine 

compliance with the 87 knot speed restriction. In no case will the UA be operated at 

airspeeds greater than the maximum UA operating airspeed recommended by the 

aircraft manufacturer.

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

(AGL). Altitude must be reported in feet AGL.

5. The UA 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 or

U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within 

the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used 

to satisfy the VLOS requirement as long as the PIC always maintains VLOS 

capability. The VO 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 VO can perform the duties 

required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its 

operations in accordance with the conditions and limitations stated in this grant of 

exemption, are hereinafter referred to as the operating documents. The operating 

documents must be accessible during UAS operations and made available to the 

Administrator upon request. If a discrepancy exists between the conditions and 

limitations in this exemption and the procedures outlined in the operating documents, 

the conditions and limitations herein 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 or any law enforcement official upon request. The 
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operator must also present updated and revised documents if it petitions for extension 

or amendment to this grant of exemption. If the operator determines that any update 

or revision would affect the basis upon which the FAA granted this exemption, then 

the operator must petition for an 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.

8. 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 prior to conducting further operations under this exemption. 

Functional test flights may only be conducted by a PIC with a VO and must remain at 

least 500 feet from other people. The functional test flight must be conducted in such 

a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is 

in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the 

UAS is in a condition for safe flight. The pre-flight inspection must account for all 

potential discrepancies, e.g., inoperable components, items, or equipment. 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.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, 

replacement, inspection, and life limit requirements for the aircraft and 

aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer 

safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, 

commercial, private, recreational, or sport pilot certificate. The PIC must also hold a 

current FAA airman medical certificate or a valid U.S. driver’s license issued by a 

state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal 

government. The PIC must also meet the flight review requirements specified in 

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

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

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

operated under this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from persons, vessels, vehicles and structures. PIC 

qualification flight hours and currency must be logged in a manner consistent with 

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs 
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(training, proficiency, and experience-building) and determining the PIC’s ability to 

safely operate the UAS in a manner consistent with how the UAS will be operated 

under this exemption are permitted under the terms of this 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 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All 

operations must be conducted under visual meteorological conditions (VMC). Flights 

under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not 

denoted with an ARP, the center of the airport symbol as denoted on the current 

FAA-published aeronautical chart, unless a letter of agreement with that airport’s 

management is obtained or otherwise permitted by a COA issued to the exemption 

holder. The letter of agreement with the airport management must be made available 

to the Administrator or any law enforcement official upon request.

17. 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.

18. If the UAS loses communications or loses its GPS signal, the UA must return to a 

pre-determined location within the private or controlled-access property.

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

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

weather conditions) there is enough available power for the UA to conduct the 

intended operation and to operate after that for at least five minutes or with the reserve 

power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All 

operations shall be conducted in accordance with an ATO-issued COA. The 

exemption holder may apply for a new or amended COA if it intends to conduct 

operations that cannot be conducted under the terms of the attached COA.

22. All aircraft operated in accordance with this exemption must be identified by serial 

number, registered in accordance with 14 CFR part 47, and have identification 

(N−Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must 

be as large as practicable.
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23. Documents used by the operator to ensure the safe operation and flight of the UAS and 

any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the 

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

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

official upon request.

24. The UA must remain clear and give way to all manned aviation operations and 

activities at all times. 

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

26. All Flight operations must be conducted at least 500 feet from all nonparticipating 

persons, vessels, vehicles, and structures unless:

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

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

that nonparticipating persons remain under such protection. If a situation arises 

where nonparticipating persons leave such protection and are within 500 feet of 

the UA, flight operations must cease immediately in a manner ensuring the safety 

of nonparticipating persons; and

b. The owner/controller of any vessels, vehicles or structures has granted permission 

for operating closer to those objects 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.

The PIC, VO, operator trainees or essential persons are not considered 

nonparticipating persons under this exemption.

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

permission from the property owner/controller or authorized representative. 

Permission from property owner/controller or authorized representative will be 

obtained for each flight to be conducted.

28. 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.

If this exemption permits operations for the purpose of closed-set motion picture and 

television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) 

as documented in this grant of exemption.
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30. At least 3 days before aerial filming, the operator of the UAS affected by this 

exemption must submit a written Plan of Activities to the local Flight Standards

District Office (FSDO) with jurisdiction over the area of proposed filming. The 3-day 

notification may be waived with the concurrence of the FSDO. The plan of activities 

must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted 

under this grant of exemption;

c. Name and phone number of the person responsible for the on-scene operation of 

the UAS;

d. Make, model, and serial or N−Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;

f. A statement that the operator has obtained permission from property owners 

and/or local officials to conduct the filming production event; the list of those 

who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city, 

town, county, and/or state over which filming will be conducted and the altitudes 

essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons 

consenting to be involved and necessary for the filming production, as specified in the 

exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS 

operations must comply with all applicable parts of 14 CFR including, but not limited to, 

parts 45, 47, 61, and 91.

This exemption terminates on July 31, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
U.S. Department of Transportation

Docket Operations West Building Ground Floor, Room w12-140

1200 New Jersey Ave.

SE Washington, DC 20590 

Joseph Daniel Rodricks– Section 333 Exemption Petition 

Re: Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation Regulations 

from 14 C.F.R. 61.113(a)&(b); 91.7(a); 91.9(b) (2); 91.109;119.121; 91.151(a); 91.405(a); 

91.407(a) (1); 91.409(a) (2); 91.417(a)&(b) 

Dear Sir or Madam: 

I, Joseph Daniel Rodricks, am writing pursuant to the FAA Modernization and Reform Act of 

2012 and the procedures contained within 14 C.F.R. 11, to request that I, an owner and operator 

of small unmanned aircraft, be exempted from the Federal Aviation Regulations (“FARs”) listed 

below so that I, may operate a small ultra light weight unmanned aircraft system (“UAS”) 

commercially in airspace regulated by the Federal Aviation Administration (“FAA”) located in 

New England (specifically in southeastern Massachusetts) in accordance with FAA UAS 

Regulations & Policies. 

This exemption request is made based on information outlined in this petition, as well as the 

accompanying DJI Phantom 3 Operators Manual. The DJI Phantom 3 UAS was selected 

because it has a proven capability for controlled flight as well as a gyro stabilized flight mode, 

GPS aided navigation, a compass, blinking lights on the bottom, a failsafe mode for returning 

home. These devices are offered for general sale around the world and have often been used 

as Model Aircraft in the USA. In addition, I, have flown UAS’s in a recreational capacity since 

2012 and have adopted safety procedures avoid public hazard, as well as manned aircraft 

hazards. 

I. Contact Information 

Joseph Daniel Rodricks

174 West St. 

PO Box 389 

East Bridgewater, MA 02333

phone: 508.801.4524 Email: jrodricks@gmail.com 

II. Information regarding the Phantom 3 UAS 

Specifically, the UAS is: 

An ultra lightweight battery operated 4-motor rotorcraft in the form of a quadcopter that takes off 

and lands vertically, manufactured by DJI, Model Phantom 3, with the following equipment: 

 •An on-board flight computer (with GPS/GLONASS, sonar altitude and station keeping 

function) that receives signals for flight controls from a ground-based transmitter/controller

 •An integrated on-board camera capable of capturing imagery in the form of full color, 

high resolution still photos and video
 •An on-board telemetry system that delivers flight data from the on-board flight computer 

to the on-board radio transmitter including altitude AGL, horizontal and vertical speed, compass 

direction of flight and direction back to its launch site 

 •A 2.4GHz on-board radio transmitter that transmits live video from the on-board camera 

plus all the flight data from the telemetry system described above to the Ground Station 

described below 

The Ground Station: 

 •A Pilot in Command (PIC) in operational control of a flight operation from beginning to 

end and who controls the UAS while in the air

 •A 2.4GHz radio transmitter/controller (transmit power of 20 dBm) operated by the PIC to 

control the UAS while in flight

 •A radio receiver receiving and recording live video and flight data from the on-board 

camera and computer visible PIC to view during flight

III. Proposed Operations 

First, I seek an exemption to perform video filming and photographing by air for public and 

private use. Second, I will employ UAS’s to inspect land, residential commercial and industrial 

structures and property. 

Specifically, I will use UASs which are equipped with cameras and sensors, in order to engage 

in the following commercial activities in southeastern Massachusetts and the greater New 

England area: 

(a) Video and/or still photo recording by air or public and private purposes, including: television, 

cinematography and advertising and support of professional operations in engineering, land 

surveying and development, agriculture, real estate, etc. Filming and photography will only be 

conducted with permission and under contract with registered owners or with any local 

government authority and only when safe to do so. 

(b) Support provided to search and rescue operations and reconnaissance in cases of need, 

emergency or natural disasters only when government authorities have requested it by contract 

or donation and only when safe to do so. 

IV. Relevant Statutory Authority 

This Petition for Exemption is submitted pursuant to Section 333(a) through (c) of the FAA 

Modernization and Reform Act of 2012 ("Reform Act"). Congress has directed the FAA "to safely 

accelerate the integration of civil unmanned aircraft systems into the national airspace system." 

Pursuant to Section 333 of the Reform Act, the FAA Administrator is to permit unmanned aircraft 

systems to operate in the National Air Space ("NAS") where it is safe to do so based on the 

following considerations: 

•The UAS’s size, weight, speed and operational capability 

•Operation of the UAS in close proximity to airports and populated areas

•Operation of the UAS within the visual line of sight of the operator. 
Additionally, the FAA Administrator has general authority to grant exemptions from the agency's 

safety regulations and minimum standards when the Administrator decides a requested 

exemption is in the public interest. See 49 U.S.C. § 106(f) (defining the 

authority of the Administrator); 49 U.S.C. § 44701(f) (permitting exemptions from§§ 44701(a), 

(b) and§§ 44702-44716,et seq.). A party requesting an exemption must explain the reasons why 

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

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

11.81 (petitions for exemption). 

V. These Proposed UAS Operations Meet the Requirements of Section 333 of the Reform 

Act 

The proposed operations in this Petition for Exemption qualify for expedited approval pursuant 

to Section 333 of the Reform Act as each of the statutory criteria and relevant factors are 

satisfied. 

VI. Approval is Warranted Based on the UAS Size, Weight, Speed, and Operational 

Capability 

I, Joseph Daniel Rodricks, will employ the DJI Phantom 3 quadcopter for the operations 

specified in this Petition for exemption. 

•The Phantom 3 UASs have a maximum take-off weight of less than 5 pounds 

•Flight speed will not exceed 32 knots, and it will not be flown in controlled airspace or at an 

altitude that exceeds 400 feet AGL.

• All flights will be flown in such a manner that they can be safely terminated with a reserve 

battery power of no less than 20% of the battery's maximum charge. 

• The DJI Phantom 3UAS does not carry any flammable propellant or liquid fuel. 

• The Phantom 3 UAS has an integrated GPS system that calculates the UAS’s position and 

height and relays that information via a to the operator in near real-time. 

• The Phantom 3 UAS contain a failsafe mode if its connection to the remote control is lost. This 

system permits the UAS to return to a predetermined location and land without injury 

or damage. This failsafe mode can also be triggered remotely by the Ground Station.

VII. Approval is Warranted Based on the Operational Restrictions Set Forth in the 

Operations Manual. 

DJI's operators manual contain all of the procedures and limitations necessary to 

successfully perform the operations specified in this Petition for Exemption

VIII. Public Interest 
The public interest will be served by granting Joseph Daniel Rodricks a Petition for Exemption in 

New England and southeastern Massachusetts. Congress has established a national policy that 

favors early integration of UASs into the NAS in controlled, safe working environments such as 

those proposed in this Petition. In addition the public also has an interest in reducing the 

hazards associated with alternate methods of conducting similar operations. Currently 

operations are conducted manually at risk to human life, using low flying helicopters or 

conventionally crewed aircraft, are extremely cost prohibitive or are incapable by traditional 

means. By using UAS, exposure to physical hazards will be reduced by conducting the 

operation while human life remains safely on the ground. 

Additionally, the intended uses of the UAS as outlined in this document have identifiable safety 

benefits that include reducing the danger and emissions associated with full size helicopters and 

conventionally crewed aircraft. UAS have no fuel to ignite or explode, no crew, add a greater 

degree of flexibility, supplement the current capabilities offered by manned aircraft, and public 

interest for a ground impact of a small lightweight UAS is further minimized from an ecological 

and safety standpoint. Further small UAS provide less of a nuisance to the general public by 

virtue of their inherent nature to produce less noise than conventional helicopters and crewed 

aircraft. 

IX. A Summary The FAA May Publish in the Federal Register: 

A. 14 C.F.R. 91: Airworthiness Certificates, Manuals and The Like. 

14 C.F.R. 91.7(a) I, Joseph Daniel Rodricks will ensure the UAS is in airworthy condition based 

on compliance with the Phantom 3 operating documents prior to each flight. 

14 C.F.R. § 91.121 Relief is requested considering the limited altitude of proposed operations. 

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

Pursuant to 14 C.F.R. § 61.113 (a), The FAA has previously declared that additional manned 

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

necessary for similarly proposed operations in previously issued exemptions to this regulation 

through Exemption Nos. 11062 and 11138. 

Pursuant to 14 C.F.R. § 61.113 (b), The stick and rudder controls of the typical aircraft one 

would be trained on to achieve a private pilots license are completely different than that of a 

small UAS. Additionally, the FAA does not require manned ultralight vehicle PICs to meet any 

aeronautical knowledge, age, or experience requirements or to have airman or medical 

certificates (as outlined in 14 C.F.R. § 103). 

D. 14 C.F.R. 91.119 (c): Minimum Safe Altitudes. 

14 C.F.R. § 91.119 (c) I will ensure that all persons and objects not essential to flight operations 

must remain 500 feet away from operations. 

E. 14 C.F.R. 91.151 (c): Fuel Requirements for Flight in VFR Conditions. 

14 C.F.R. 91.151 (c): I, will ensure that each individual flight will not begin unless there is 

enough power to fly to the first point of intended landing and land the UA with 30% battery 

power remaining. In addition, each individual flight will last no longer than 20 minutes, 5 minutes 

less than the manufacturer stated 25 minutes of flight time. 

F. 14 C.F.R. 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections. 
The above-cited Regulations require, amongst other things, aircraft owners and operators to 

“have [the] 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. . . .” 

These Regulations only apply to aircraft with an airworthiness certificate. They will not, 

therefore, apply to my, Joseph Daniel Rodricks, UAS. However, as a safety precaution I inspect 

my UAS per operating documents before and after each flight. 

X. Conclusion 

This Petition for Exemption satisfies the criteria articulated in Section

333 of the Reform Act of 2012 including weight, speed, operating capabilities, proximity to 

airports and populated areas, operation within visual line of sight and national security. 

Additionally, the Petition provides more than adequate justification for the grant of the requested 

exemptions to permit Joseph Daniel Rodricks to operate a Phantom 3 UAS in New England for 

the operations specified herein. 

Granting the exemption will benefit the public interest as a whole in several ways, including (1) 

significantly improving safety and reducing risk by alleviating human exposure to danger, and 

(2) improving the quality of services and decreasing operating costs compared with 

conventional flight operations.