1

February, 1 2016

Attn:

U. S. Department of Transportation Docket Operations 

West Building Ground Floor, Room w12-140 

1200 New Jersey Ave, SE Washington, DC 20590

RE: Drones for Water Safety, LLC

REQUEST AN EXEMPTION 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 

3 UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF

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

Peter Farnsworth

Owner/President

Drones for Water Safety, LLC

24 East Ave. Room 205

New Canaan, CT 06840

203-920-4654

Peter@ DronesforWaterSafety.org
2

TABLE OF CONTENTS

Page 

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

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

INTRODUCTION AND INTERESTS OF THE PETITIONER ............................................. 4

BACKGROUND ........................................................................................................................... 5

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

A. Name and Address Of The Petitioner. .............................................................................................8

B. The Specific Sections of 14 C.F.R. From Which Drones for Water Safety, LLC Seeks 

Exemption................................................................................................................................................9

C. The Extent Of Relief Drones for Water Safety, LLC Seeks And The Reason Drones for Water 

Safety, LLC Seeks The Relief. .............................................................................................................13

D. The Reasons Why Granting Drones for Water Safety, LLC Request Would Be in The Public 

Interest; That Is, How It Would Benefit the Public As A Whole......................................................16

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 Drones for Water Safety, LLC Seeks Exemption........................................................19

A Summary That Can Be Published in The Federal Register, stating: The Rules From 

Which Drones for Water Safety, LLC Seeks Exemption:....................................................... 31

Any Additional Information, Views, Or Arguments Available To Support Drones for 

Water Safety’s Request. ............................................................................................................. 32

CONCLUSION ........................................................................................................................... 33

Appendices: ................................................................................................................................. 34
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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) 

SO Safety Observer

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing
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SUMMARY

Drones for Water Safety, LLC hereafter referred to as Drones for Water Safety, LLC 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 (DJI Phantom 3) pursuant to Section 333 of the FAA Modernization and Reform 

Act of 2012 (FMRA). This exemption will permit Drones for Water Safety, LLC to operate an 

Unmanned Aircraft System (UAS) for the commercial purpose of development, presentations 

and training in the use of drones in the areas of water safety, boating safety and lifeguarding 

using advanced technologies and solutions over certain open-water areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

Drones for Water Safety, LLC has for the past year developed drones, apparatus connected to 

drones, systems and safety guidelines intended to provide their prospective clients (which 

include private sector businesses and non-profits, along with local state and federal agencies)

with expertise and knowledge in the use of drones in the areas of water safety, boating safety and 

lifeguard using advanced technologies and solutions. Drones for Water Safety, LLC has worked 

with a variety of drones, servos, rescue equipment, transmitters and its own proprietary release 

mechanisms to develop such technologies and related equipment with a perfect safety record. 

The objective of Drones for Water Safety, LLC and our Unmanned Aircraft Systems is to aid 

water safety professionals to communicate with endangered people in the water and provide 

appropriate help faster and with less risk to the rescuers than traditional methods, using both a 

custom-built 21” (engine-to-engine) quadcopter (or other appropriate device as technology

changes and develops) and a DJI Phantom 3 for training and recording) specifically targeting

• Beach safety

• Open water and boating safety

• Lake safety

• Frozen-water safety situations

• Training

• Special event safety involving open water precautions

I have safely flown small RC electric quadcopters and fixed wing planes recreationally for 

approximately 2 years without incident. I am a member in good standing of the AMA 

(Academy of Model Aeronautics) and our local model aircraft flying club.
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BACKGROUND

Unmanned Aircraft Systems 1: DJI Phantom 3

Drones for Water Safety, LLC seeks an exemption to operate DJI Phantom 3 system for 

compensation or hire within the NAS. The DJI Phantom 3 is vertical takeoff and landing 

(VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS). The DJI Phantom 3 has 

a maximum gross weight of approximately 2.8 lb. while having a diagonal dimension of 23.2”

(propeller tip – to – propeller tip), a maximum speed of approximately 16.4’fps and a maximum 

flying height of 400'. The DJI Phantom 3 is equipped with four main rotors; driven by Lithium 

Polymer battery-powered electric motors. 

The DJI Phantom 3 that will be operated by Drones for Water Safety, LLC will be registered in 

accordance with 49 U.S.C. 44103, Registration of Aircraft, as well as 14 C.F.R Part 47, Aircraft 

Registration, and marked in accordance with 14 C.F.R. Part 45, Identification and Registration 

Marking.

Unmanned Aircraft Systems 2: Custom-Built sUAS

Drones for Water Safety, LLC seeks an exemption to operate sUASs that have been built from 

commercial-grade parts and materials for compensation or hire within the NAS. The CustomBuilt sUAS is a vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground 

Control Station (GCS). While the dimensions vary slightly due to changes in airframes and 

engines depending on customer preferences each Custom-Built sUAS has a maximum gross 

weight of approximately 3.5 - 4.5 lbs. while having a diagonal dimension of 33.2” (propeller tip 

– to – propeller tip), a maximum speed of approximately 20fps and a maximum flying height of 

400'. Each Custom-Built sUAS is equipped with four main rotors; driven by Lithium Polymer 

battery-powered electric motors. 

Each Custom-Built sUAS that will be operated by Drones for Water Safety, LLC will be 

registered in accordance with 49 U.S.C. 44103, Registration of Aircraft, as well as 14 C.F.R Part 

47, Aircraft Registration, and marked in accordance with 14 C.F.R. Part 45, Identification and 

Registration Marking.
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BASIS FOR PETITION

Petitioner, Drones for Water Safety, LLC, pursuant to the provisions of the Federal Aviation 

Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), 

Section 333, Special Rules for Certain Unmanned Aircraft Systems, hereby petitions the 

Administrator to commercially operate the DJI Phantom 3, UAS and various similarly designed 

Custom-Built sUAS, UAS in the National Airspace System (NAS), and for an exemption from 

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

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

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

unmanned aircraft and its operation, Drones for Water Safety, LLC operation of DJI Phantom 3

UAS and each Custom-Built sUAS, 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, Drones for Water Safety, LLC 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. 

Drones for Water Safety, LLC submits that the requested relief is proper since an equivalent 

level of safety will be ensured. Drones for Water Safety, LLC 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 Log, DJI Phantom 3 Instruction Manual and for the Custom-Built sUAS its 

component parts manufacturers’ recommendations). Furthermore, Drones for Water Safety, LLC 

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

Custom-Built sUAS. 

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

and limitations: Pilot in command, is requested by Drones for Water Safety, LLC to the extent 

necessary to allow a Pilot in Command (PIC) holding a private pilot or higher level certificate, as 

well as an airman medical certificate, and who has demonstrated, by meeting minimum flighthour and currency requirements, that the PIC is able to safely operate the DJI Phantom UAS or 

any Custom-Built sUAS in a manner consistent with this exemption, including evasive and 

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

structures.

Drones for Water Safety, LLC seeks relief from Section 91.7(a), entitled Civil aircraft 

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

accordance with 14 C.F.R. Part 21, Subpart H. As such, Drones for Water Safety, LLC submits 

that they will ensure that the DJI Phantom 3 UAS and any Custom-Built sUAS is in an airworthy 

condition, prior to every flight, by determining that the UAS are in compliance with the 

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

the Custom-Built sUAS its component parts manufacturers’ recommendations), and that the 

aircraft are in a condition for safe flight. 
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Drones for Water Safety, LLC also seeks an exemption from the requirements of Section 91.121, 

entitled Altimeter Settings, as the DJI Phantom 3 UAS and any Custom-Built sUAS will not have 

a typical barometric altimeter onboard. However, altitude information of the DJI Phantom 3

UAS and any Custom-Built sUAS 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 

Drones for Water Safety’s operation of the DJI Phantom 3 UAS and any Custom-Built sUAS

within visual line of sight, at or below 400 feet AGL, will ensure a level of safety equivalent to 

Section 91.121. 

Additionally, Drones for Water Safety, LLC seeks an exemption from the requirements of 

Section 91.151(b), entitled Fuel requirements for flight in VFR conditions. Drones for Water 

Safety, LLC submits that safety will not be affected by operation of the DJI Phantom 3 UAS and 

any Custom-Built sUAS 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

20 minutes. Battery power indicators are also able to show exactly how much battery power is 

left, as well as how much time is needed to return safely back to point of take off.

In accordance with 14 C.F.R. § 11.81, Drones for Water Safety, LLC provides the following 

information in support of its petition for exemption:
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A. Name and Address Of The Petitioner. 

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

Peter Farnsworth

Owner/President

Drones for Water Safety, LLC

24 East Ave. Room 205

New Canaan, CT 06840

203-920-4654

Peter@ DronesforWaterSafety.org
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B. The Specific Sections of 14 C.F.R. From Which Drones for Water Safety, LLC Seeks 

Exemption. 

1. Drones for Water Safety, LLC Seeks Exemption From The Requirements Of Section 

61.113(a) And (b). 

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

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

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

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

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

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

connection with any business or employment 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. Drones for Water Safety, LLC 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. Drones for Water Safety, LLC Seeks Exemption From The Requirements Of Section 

91.121. 

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

(a) Each person operating an aircraft shall maintain the cruising altitude 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 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. 
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4. Drones for Water Safety, LLC Seeks Exemption From The Requirements Of Section 

91.151(b).

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

(b), states the following: 

(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. Drones for Water Safety, LLC 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. Drones for Water Safety, LLC Seeks Exemption From The Requirements Of Section 

91.407(a)(1) 

Section 91.407, entitled Operation after maintenance, preventive maintenance, 

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

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

maintenance, rebuilding, or alteration unless--

(1) It has been approved for return to service by a person authorized under § 43.7 

of this chapter[.] 

7. Drones for Water Safety, LLC Seeks Exemption From The Requirements Of Sections 

91.409(a)(1) And 91.409(a)(2). 

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

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

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

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

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

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

with part 21 of this chapter. 
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8. Drones for Water Safety, LLC Seeks Exemption From The Requirements Of Sections 

91.417(a) And 91.417(b). 

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

following: 

(a) Except for work performed in accordance with §§ 91.411 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. 
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(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. 
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C. The Extent Of Relief Drones for Water Safety, LLC Seeks And The Reason Drones 

for Water Safety, LLC Seeks The Relief. 

1. Extent Of Relief Drones for Water Safety, LLC Seeks And The Reason Drones for 

Water Safety, LLC 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, Drones for Water Safety, LLC submits that an equivalent level of 

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

each Custom-Built sUAS, 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 3 UAS

and each Custom-Built sUAS, 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, Drones for Water Safety, LLC submits that all flights of the DJI Phantom 3 UAS and 

each Custom-Built sUAS, UAS, conducted by the PIC pursuant to the grant of this Petition: (1) 

will be incidental to Drones for Water Safety’s business; and (2) will not carry passengers or 

property for compensation or hire. 

2. Extent Of Relief Drones for Water Safety, LLC Seeks And The Reason Drones for 

Water Safety, LLC 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 Drones for Water Safety, LLC to determine that the DJI Phantom 3 UAS and 

each Custom-Built sUAS, UAS are in airworthy condition prior to every flight by ensuring that 

the UAS is in compliance with the operating documents (i.e., Drones for Water Safety, LLC

Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual). 

Drones for Water Safety, LLC seeks the requested relief because the DJI Phantom 3 UAS and 

each Custom-Built sUAS, UAS do not require an airworthiness certificate in accordance with 14 

C.F.R. Part 21, Subpart H. Therefore, Drones for Water Safety, LLC will ensure that the DJI 

Phantom 3 UAS and each Custom-Built sUAS, UAS are in airworthy condition based upon its 

compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3) 
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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 Drones for Water Safety, LLC Seeks And The Reason Drones for 

Water Safety, LLC 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 and each Custom-Built sUAS, 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), Drones for Water Safety, LLC seeks the 

requested relief because the DJI Phantom 3 UA’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 UAS are equipped with a barometric pressure sensor and GPS equipment, which 

automatically ensures that a ground level pressure setting will be established prior to each flight, 

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

4. Extent Of Relief Drones for Water Safety, LLC Seeks And The Reason Drones for 

Water Safety, LLC 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 UAS and 

each Custom-Built sUAS, UAS during daylight hours in visual meteorological conditions 

(VMC), under visual flight rules (VFR), for a total duration of 20 minutes. Drones for Water 

Safety, LLC seeks the requested relief because without an exemption from Section 91.151(b), the 

flight time duration of the battery powered DJI Phantom 3 UAS will severely constrain the 

practicality of any aerial video or still photo flight operations that Drones for Water Safety, LLC 

proposes to conduct pursuant to this Petition. 

Significantly, as set forth below, the technical specifications of the DJI Phantom 3 UAS, the DJI 

Phantom 3 and each Custom-Built sUAS, UAS operating documents, and Drones for Water 

Safety’s proposed operating limitations, ensure that Drones for Water Safety, LLC will safely 

operate the battery powered DJI Phantom 3 UAS and each Custom-Built sUAS, UAS during 

daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with 

enough battery power to fly for a total duration of 20 minutes.
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5. Extent Of Relief Drones for Water Safety, LLC Seeks And The Reason Drones for 

Water Safety, LLC 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, Drones for Water Safety, LLC requests relief from 

these Sections because the DJI Phantom 3 UAS and each Custom-Built sUAS, UAS do not 

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

each Custom-Built sUAS, UAS meet the conditions of FMRA Section 333 for operation without 

an airworthiness certificate. Accordingly, Drones for Water Safety, LLC will use trained 

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

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

for Water Safety, LLC Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 

3 Instruction Manual). Furthermore, Drones for Water Safety, LLC will document and maintain 

all maintenance records for the DJI Phantom 3 UAS. 
16

D. The Reasons Why Granting Drones for Water Safety, LLC Request Would Be in The 

Public Interest; That Is, How It Would Benefit the Public As A Whole. 

Granting the present Petition will further the public interest by allowing Drones for Water 

Safety, LLC to safely, efficiently, and economically perform development, presentations and 

training in the use of drones in the areas of water safety, boating safety and lifeguarding using 

advanced technologies and solutions over certain open-water areas of the United States

Additionally, use of the DJI Phantom 3 UAS and each Custom-Built sUAS at low altitudes 

(below 400 feet), UAS will decrease congestion of the NAS, reduce pollution vs. large 

helicopters and motor boats used in water safety situations, and provide significant benefits to 

the economy. Notably, the benefits of Drones for Water Safety’s proposed operation of the DJI 

Phantom 3 UAS and each Custom-Built sUAS, UAS will be realized without implicating any 

privacy issues. 

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

The DJI Phantom 3 UAS and each Custom-Built sUAS, UAS are battery powered and serve as a 

safe, efficient, and economical alternative to the manned aircraft traditionally utilized to obtain 

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

an exemption allowing the use of a DJI Phantom 3 UAS and each Custom-Built sUAS, UAS 

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

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

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

around airports caused by arriving and departing aircraft will be reduced. The DJI Phantom 3

UAS and each Custom-Built sUAS, UAS do not require an airport to takeoff or land. Likewise, a 

reduction of manned aircraft conducting water-safety 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.

2. The Public Will Benefit From The Safety And Efficiency Of The DJI Phantom 3 UAS. 

Conducting water safety operations with the DJI Phantom 3 UAS and each Custom-Built sUAS, 

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

of air and noise pollution generated during traditional water-safety flight operations. By using 

battery power and electric motors, the DJI Phantom 3 UAS and each Custom-Built sUAS, UAS 

produce no air pollution, and are the most viable environmentally conscious alternative to the 

cabin class, six cylinder internal combustion engine aircraft and helicopters that are typically 

utilized for water-safety operations when needed, while burning approximately 20-30 gallons per 

hour of leaded aviation fuel or 60 gallons of fuel in the case of helicopters. The DJI Phantom 3
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UAS and each Custom-Built sUAS, 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 3 UAS and each Custom-Built sUAS, UAS to perform water safety 

operations, the substantial risk to life and property in the air, in the water and on the ground, 

which is usually associated with traditional manned aircraft flight operations, will be 

substantially reduced. Aside from the lack of flight crew members located onboard the aircraft, 

the DJI Phantom 3 UAS and each Custom-Built sUAS, UAS (weighing approximately 2.5 - 4.5

lbs. while having a diagonal dimension of 23.2-33.2” (propeller tip – to – propeller tip), and with 

no fuel on board), has less physical potential for collateral damage to life and property on the 

ground, and in the air, compared to the manned aircraft that typically conduct similar operations 

(weighing approximately 6,000 pounds with a wingspan of approximately 42 feet, a length of 34 

feet, and a fuel capacity of 180 gallons).

3. Performing Water Safety Operations With The DJI Phantom 3 UAS and each CustomBuilt sUAS, UAS Will Benefit The Economy. 

In addition to being safe and efficient, the DJI Phantom 3 UAS and each Custom-Built sUAS, 

UAS are also an economical alternative to using manned aircraft to conduct similar water safety 

operations. As such, operation of the DJI Phantom 3 UAS and each Custom-Built sUAS, UAS 

will allow United States -based companies, like Drones for Water Safety, LLC, to remain 

competitive and contribute to growth of the U.S. economy. Specifically, with the rising cost of 

aviation fuel and the Environmental Protection Agency (“EPA”) regulatory actions phasing out 

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

technology in order to remain competitive. Operating the battery powered DJI Phantom 3 UAS

and each Custom-Built sUAS, UAS is one such technology that not only allows companies 

greater operational flexibility compared to manned aircraft, but provides such flexibility without 

the high operational cost of a traditional manned aircraft. 

By operating the DJI Phantom 3 UAS and each Custom-Built sUAS, UAS, companies such as 

Drones for Water Safety, LLC, 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 government, 

agency and commercial use of the DJI Phantom 3 UAS and each Custom-Built sUAS, 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, 

Drones for Water Safety’s proposed operation of the DJI Phantom 3 UAS and each Custom-Built

sUAS, UAS will not implicate any privacy issues. Specifically, the DJI Phantom 3 UAS and 
18

each Custom-Built sUAS, UAS will be operated only in compliance with operating documents 

(i.e., Drones for Water Safety, LLC Aerial Operations Manual, Monthly Maintenance Log, and 

DJI Phantom 3 Instruction Manual) which requires property owner involvement as well as local 

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

including the minimum altitude requirements of 14 C.F.R. § 91.119. 
19

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 Drones for Water Safety, LLC Seeks Exemption. 

1. Reasons Why The DJI Phantom 3 UAS and each Custom-Built sUAS, 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, Drones for Water Safety’s operation of the DJI Phantom 3

UAS and each Custom-Built sUAS, 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 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, Drones for Water Safety, LLC submits that the DJI Phantom 3 UAS

and each Custom-Built sUAS, UAS can operate safely in the NAS pursuant to FMRA Section 

333, as demonstrated by: (a) the characteristics of the DJI Phantom 3 UAS and each Custom-
20

Built sUAS, UAS; (b) the pilot certification requirement (as defined by the FAA and revised 

from time to time); and (c) the specific operating limitations. 

a. The Specifications Of The DJI Phantom 3 UAS and each Custom-Built sUAS, UAS

Demonstrate Its Safe Characteristics.

The DJI Phantom 3 UAS and each Custom-Built sUAS, UAS does not create a hazard to users of 

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

speed, and operational capability. 

i. Technical Specifications of (a) the DJI Phantom 3 UAS and (b) each Custom-Built sUAS, 

UAS. 

The technical specifications of the DJI Phantom 3 UAS and each Custom-Built sUAS, UAS are, 

in the case of ‘(a)’ above set forth by the DJI Phantom 3 User Manual and ‘(b)’ above the 

technical specifications of part/component manufacturers, are attached hereto as Appendix A and 

Ai respectively. 

ii. The DJI Phantom 3 UAS and each Custom-Built sUAS, UAS Global Positioning 

Modes Enable The UAS To Remain Within A Defined Operational Area. 

The DJI Phantom 3 UAS and each Custom-Built sUAS, UAS may be operated in both manual 

and global positioning flight modes. A complete description of the flight and navigational modes 

of the DJI Phantom 3 UAS is provided at pages 11 of the DJI Phantom 3 User Manual attached 

hereto as Appendix A. A complete description of the flight and navigational modes used by any 

Custom-Built sUASs are found on pages 2-3, 6-8, 16, 17, 19, 21-23, 25, 27-29, 32, 35-38, 40, 42, 

43, and 45 of the DJI GPS NAZA-M LITE User Manual V 2.00 2014.04.21 Revision For 

Firmware Version V1.00& Assistant Software Version V1.00, as it may change from time to 

time module used by each Custom-Built sUAS, UAS attached hereto as Appendix Ai.

iii. The DJI Phantom 3 UAS and each Custom-Built sUAS Are Designed For

Automatic Return To Home Point Or Hover In The Event Of Loss Of The Control 

Link Or Navigation. 

When the Control Link is lost, the DJI Phantom 3 UAS and each Custom-Built sUAS will 

remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 3 UAS

and each Custom-Built sUAS does not reacquire control link data from the GCS, the UAS will 

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

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

A complete description of the Failsafe Functions of the DJI Phantom 3 UAS are set forth at 

pages 12 through 14 of the DJI Phantom 3 User Manual, attached hereto as Appendix A. A 

complete description of the Failsafe Functions of each Custom-Built sUAS, UAS are set forth at 

pages 3,7,17,23,27,28 and 45 of the NAZA-M LITE User Manual V 2.00 2014.04.21 Revision 

For Firmware Version V1.00 & Assistant Software Version V1.00, as it may change from time 

to time, attached hereto as Appendix Ai.

iv. The DJI Phantom 3 GCS and any Custom-Built sUASs And Their Operation.
21

A complete description of the operation and specifications of the DJI Phantom 3 GCS and flight 

control software is provided at pages 23 through 29 of the DJI Phantom 3 User Manual, attached 

hereto as Appendix A. A complete description of the operation and specifications of the DJI 

NAZA-M LITE GCS and flight control software is provided through a full reading of the 

NAZA-M LITE User Manual V 2.00 2014.04.21 Revision For Firmware Version V1.00 & 

Assistant Software Version V1.00, as it may change from time to time, attached hereto as 

Appendix Ai

b. Flight Operations Of DJI Phantom 3 UAS Is Limited To The Line Of Sight Of A 

Certificated Pilot in Command With A Safety Observer. 

Drones for Water Safety, LLC staff will be the only persons to act as a pilot in command (PIC) 

of the DJI Phantom 3 UAS and each Custom-Built sUAS. Additionally, a safety observer will 

assist the PIC at all times during flight. 

c. Flights Of DJI Phantom 3 UAS and each Custom-Built sUAS Will Be Conducted 

Pursuant To Specific Operating Limitations. 

In seeking this exemption, Drones for Water Safety, LLC proposes to commercially operate DJI 

Phantom 3 UAS and each Custom-Built sUAS 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 UAS weighing less than 55 

pounds maximum gross weight: DJI Phantom 3 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 development, presentations and training in the use of drones in the areas 

of water safety, boating safety and lifeguarding using advanced technologies and 

solutions over certain open-water areas of the United States. 

 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. 
22

6. The use of first person view (FPV) by the PIC without a safety observer (SO) is not 

permitted, except in the case of dire emergencies when use of FPV may be a matter of 

life or death. 

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.

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. 
23

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 UAS operated under this exemption must comply with all manufacturer 

Safety Bulletins. 

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

action taken against discrepancies discovered between inspections. 

17. The PIC must possess at least a private pilot certificate and at least a current thirdclass 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. 
24

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

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

22. If the UA loses communications or loses its GPS signal, it must return to a predetermined location within the planned operating area and land or be recovered in 

accordance with 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 (NNumber) 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 
25

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.

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.

Drones for Water Safety, LLC submits that the equivalent level of safety established by Section 

61.113(a) and (b) will be maintained because no PIC will be allowed to operate the DJI Phantom 

3 UAS any Custom-Built sUAS unless that PIC has demonstrated, by meeting minimum flighthour and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 UAS 

any Custom-Built sUAS in a manner consistent with the exemption, including evasive and 

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

structures. 

Considering Drones for Water Safety’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 3 UAS or any Custom-Built sUAS, Drones for 

Water Safety, LLC submits that the additional manned airmanship experience of a commercially

certificated pilot would not correlate to the airmanship skills necessary for Drones for Water 

Safety’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). 
26

Drones for Water Safety, LLC will not allow any PIC to operate the DJI Phantom 3 UAS or any 

Custom-Built sUAS unless that PIC has demonstrated, by meeting minimum flight-hour 

requirements or the DJI Phantom 3 UAS or any Custom-Built sUAS training and currency 

requirements, that the PIC is able to safely operate the DJI Phantom 3 UAS or any Custom-Built 

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

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

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

61.51(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 Drones for Water Safety’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. 

Exemption No. 11138 at page 15. 

Accordingly, Drones for Water Safety, LLC will ensure safe operations by not allowing any PIC 

to operate the DJI Phantom 3 UAS or any Custom-Built sUAS unless that PIC has demonstrated, 
27

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

operate the DJI Phantom 3 UAS or any Custom-Built sUAS 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, Drones for Water Safety, LLC will ensure that the DJI Phantom 3 UAS and any

Custom-Built sUAS 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. 

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 3 UAS and any Custom-Built sUAS 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 Drones for Water Safety’s operation of the DJI Phantom 3 UAS and 

any Custom-Built sUAS 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 UAS 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 and 

any Custom-Built sUAS; (2) the limitations on the proposed flight operations; and (3) the 
28

location of the proposed flight operations. Accordingly, Drones for Water Safety, LLC will 

ensure that it will safely operate the battery powered DJI Phantom 3 UAS and any Custom-Built 

sUAS during daylight hours in VFR conditions, with enough battery power to fly for a total 

duration of 23 minutes. 

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

and any Custom-Built sUAS; 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 and any 

Custom-Built sUAS 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 3 UAS and any Custom-Built sUAS 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 

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, Drones for Water Safety, LLC submits that the equivalent level of

safety with regard to the regulatory maintenance and alteration requirements established by

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

Drones for Water Safety, LLC will use trained 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 Log, DJI Phantom 3 Instruction Manual 

and for the Custom-Built sUAS its component parts manufacturers’ recommendations). 

Furthermore, Drones for Water Safety, LLC will document and maintain all maintenance records 

for the DJI Phantom 3 UAS and and any Custom-Built sUAS. 

Since the DJI Phantom 3 UAS and any Custom-Built sUAS will be inspected as prescribed by

the operating documents, Drones for Water Safety, LLC will maintain the equivalent level of 

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

Phantom 3 User Manuals are attached hereto as Appendix A and B; a copy of the Flight and 

Maintenance Log to be used by Drones for Water Safety is attached as Appendix C.
29

Likewise, the exemption sought will not adversely affect safety because Drones for Water 

Safety, LLC 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 and good practice.

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 UAS

and and any Custom-Built sUAS 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 Drones for Water Safety’s proposed operating limitations, the operating 

documents, and the technical aspects of the DJI Phantom 3 UAS and and any Custom-Built 

sUAS, Drones for Water Safety, LLC 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, Drones for Water Safety, LLC requests that 

the FAA prescribe special conditions for the intended operation of the DJI Phantom 3 UAS and 

and any Custom-Built sUAS, 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 of development, presentations and training 

in the use of drones in the areas of water safety, boating safety and lifeguarding using advanced 

technologies and solutions over certain open-water 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 and and any Custom-Built sUAS, 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: 
30

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 3 UAS

and any Custom-Built sUAS, 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).
31

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

The Rules From Which Drones for Water Safety, LLC Seeks 

Exemption: 

Drones for Water Safety, LLC seeks exemption from the requirements of 14 C.F.R 

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

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

A Brief Description Of The Nature Of The Exemption Drones for Water Safety, LLC 

Seeks: 

This exemption will permit Drones for Water Safety, LLC to commercially operate an 

Unmanned Aircraft System (UAS) for the purpose development, presentations and 

training in the use of drones in the areas of water safety, boating safety and lifeguarding 

using advanced technologies and solutions over certain open-water areas of the United 

States.
32

Any Additional Information, Views, Or Arguments Available To 

Support Drones for Water Safety’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, Drones for Water Safety’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, Drones for Water Safety, LLC will operate the DJI Phantom 3 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. 
33

CONCLUSION

As set forth herein, Drones for Water Safety, LLC seeks an exemption pursuant to 14 C.F.R. § 

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

permit safe operation of the DJI Phantom 3 UAS and any Custom-Built sUAS 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 Drones for 

Water Safety, LLC to safely, efficiently, and economically operate the DJI Phantom 3 UAS and 

any Custom-Built sUAS commercially within the NAS. 

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

Modernization and Reform Act of 2012, Section 333, Drones for Water Safety, LLC respectfully 

requests that the Administrator grant this Petition for an exemption from the requirements of 14 

C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 

91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit Drones for Water Safety, LLC to operate 

DJI Phantom 3 UASs and and any Custom-Built sUAS commercially for the purpose of 

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

Dated: June 10, 2015

Respectfully submitted,

Peter Farnsworth

Owner/President

Drones for Water Safety, LLC

24 East Ave. Room 205

New Canaan, CT 06840

203-920-4654

Peter@ DronesforWaterSafety.org
34

Appendices:

Appendix A – Link to DJI Phantom 3 Manual: Click on the link below

https://dl.djicdn.com/downloads/phantom_3_standard/en/Phantom_3_Standard_User_Manual_v1.4_en_0

112.pdf

Appendix Ai – Link to NAZA-M LITE User Manual V 2.00 2014.04.21 Revision For Firmware 

Version V1.00& Assistant Software Version V1.00: Click on the link below

http://dl.djicdn.com/downloads/naza-m lite/en/NAZA-M LITE_User_Manual_v2.00_en.pdf

Appendix C – 

Safety Procedures may be found in the applicant’s book: 

“Drone Safety Field Guide” available on Amazon at http://www.amazon.com/Drone-Safety-Field-GuideFarnsworth/dp/1523477105/ref=sr_1_1?ie=UTF8&qid=1454042835&sr=8-1&keywords=drone+safety

[entire document free by request to the applicant]

Appendix D – And the “Drone Flight and Maintenance Log, a Supplement to the Drone Safety Field 

Guide” , also available on Amazon.

[entire document free by request to the applicant]