UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, D.C. 

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: 

JIMMY ANTONIO AGUILA ROSARIO 

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF 

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS 

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

& (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL OPERATION OF DJI 

PHANTOM 2 VISION PLUS AND DJI PHANTOM 3 UNMANNED AIRCRAFT 

SYSTEMS 

PURSUANT TO SECTION 333 OF 

THE FAA MODERNIZATION AND REFORM ACT OF 2012 

(PUBLIC LAW 112-95) 

S.u~tted fln ~~ 1, 2015. 

J~! 4~ ~~la Rosano 

Parque Napoleon 5CC20 · 

Villa Fontana Park 

Carolina, Puerto Rico 00983 

(787) 225-0586 

Email: pilotodeportivopr@icloud.com 

1 
TABLE OF CONTENTS 

Page 

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

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

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

BACKGROUND .................................................................................................................... 4 

BASIS FOR PETITION ......................................................................................................... 4 

NAME AND ADDRESS OF PETITIONER. ............................................................ 6 

THE SPECIFIC SECTIONS OF 14 C.P.R. FROM WHICH JIMMY ANTONIO 

AGUILA ROSARIO SEEKS 

EXEMPTION ............................................................................................... 6 

THE EXTENT OF RELIEF JIMMY ANTONIO AGUILA ROSARIO, SEEKS AND 

THE REASON JIMMY ANTONIO AGUILA ROSARIO, SEEKS THE 

RELIEF ................................................. 9 

THE REASONS WHY GRANTING JIMMY ANTONIO AGUILA ROSARIO, 

REQUEST WOULD 

BE IN THE PUBLIC INTEREST ................................................................ 11 

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT 

ADVERSELY AFFECT SAFETY .......................................................................... 13 

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER. .... .23 

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO 

SUPPORT CINEMACAPTURE VIDEOGRAPHY'S 

REQUEST ............................................................................................................... 23 

CONCLUSION .................................................................................................................... 24 

APPENDICES ......................................................................................... 25 

2 
AGL 

AOI 

ATC 

ATO 

AV 

CFR 

COA 

FAA 

FAR 

GCS 

GPS 

LOL 

NAS 

PIC 

Section 333 

so 

SOP 

UA 

UAS 

VFR 

VLOS 

VMC 

VTOL 

GLOSSARY OF ABBREVIATIONS 

Above Ground Level 

Area oflnterest 

Air Traffic Control 

Air Traffic Organization 

Aerial Vehicle 

Code of Federal Regulations 

Certificate of Authorization 

Federal Aviation Administration 

Federal Aviation Regulation 

Ground Control Station 

Global Positioning System 

Loss ofLink 

National Airspace System 

Pilot In Command 

FAA Modernization and Reform Act of2012 (FMRA) Section 333 

Safety Observer 

Standard Operating Procedures 

Unmanned Aircraft 

Unmanned Aircraft System 

Visual Flight Rules 

Visual Line of Site 

Visual Meteorological Conditions 

Vertical Takeoff and Landing 

3 
SUMMARY 

Jimmy Antonio Aguila Rosario, seeks exemption from the requirements of 14 C.F.R §§ 

61.113(a) & (b), 91.7(a), 91.121, 91.15l(b), 91.405(a), 91.407(a)(l), 91.409(a)(l) & (a)(2), and 

91.417(a) & (b), to operate an Unmanned Aircraft System pursuant to Section 333 of the FAA 

Modernization and Reform Act of2012 (FMRA). This exemption will permit Jimmy Antonio 

Aguila Rosario to operate an Unmanned Aircraft System (U AS) for the commercial purpose of 

conducting aerial video and photography, real estate photography, and special events over certain 

areas of the United States and its territories. 

INTRODUCTION 

Jimmy Antonio Aguila 

AND INTERESTS OF THE PETITIONER 

Rosario provides clients with expertise and knowledge in 

advanced technologies and solutions to increase efficiency, productivity and effectiveness. 

Jimmy Antonio Aguila Rosario also provides clients with the highest quality digital content for 

use in their commercial, personal, and non-profit multimedia projects. Petitioner is a Sport Pilot 

with an Instructor rating. Petitioner has over 2 years of recreational/hobby experience in all 

aspects of aerial video and photography. Petitioner objective in aerial video and photography 

operations is to provide high quality imaging for a variety of state government, commercial, 

public, and residential uses, specifically targeting: 

• Special event coverage 

• Real Estate Photography 

• 

• 

Residential 

Increase public knowledge ofUAS and promote safe UAS operations. 

and Commercial Construction 

BACKGROUND 

Unmanned Aircraft Systems: DJI Phantom 2 Vision Plus and DJI Phantom 3 

Jimmy Antonio Aguila Rosario seeks an exemption to operate DJI systems for 

compensation or hire within the NAS. The DJI Phantom 2 Vision Plus and DJI Phantom 3 are 

vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station 

(GCS) utilizing electronic tablet or smart phone systems. The DJI Phantom 2 Vision Plus and 

DJI Phantom 3 have a maximum gross weight of approximately 1280 gram, while having a 

length of 16 inches width of 16 inches, height of 8 inches, and a maximum speed of 

approximately 29 knots. The DJI Phantom 2 Vision Plus and DJI Phantom 3 UAs are equipped 

with four 

The 

main 

DJI 

rotors; 

Phantom 

driven 

2 Vision 

by Lithium Polymer battery powered electric motors. 

Plus and DJI Phantom 3 UAs that will be operated by Jimmy 

Antonio Aguila Rosario, will be registered in accordance with 49 U.S.C. 44103, Registration of 

Aircraft, as well as 14 C.F .R Part 4 7, Aircraft Registration, and marked in accordance with 14 

C.P.R. Part 45, Identification and Registration Marking. 

BASIS FOR PETITION 

4 
Aviation 

Petitioner, 

Regulations 

Jimmy Antonio Aguila Rosario, pursuant to the provisions of the Federal 

(FMRA), Section 333, 

(14 C.P.R.§ 11.61) and the FAA Modernization and Reform Act of2012 

the Administrator 

Special Rules for Certain Unmanned Aircraft Systems, hereby petitions 

UASs in the National 

to commercially 

Airspace 

operate the DJI Phantom 2 Vision Plus and DJI Phantom 3 

C.F.R §§ 61.113(a) & 

System (NAS), and for an exemption from the requirements of 14 

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

(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(l), 91.409(a)(1) & 

(b). 

unmanned 

In consideration 

aircraft and 

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

FMRA Section 333 and 

its operation, Jimmy Antonio Aguila Rosario, will meet the conditions of 

therefore, will not require an airworthiness certificate 

14 C.P.R. Part 21, Subpart H. 

in accordance with 

91.407(a)(l), 

Accordingly, 

91.409(a)(1) 

Jimmy Antonio Aguila Rosario, requests relief from Sections 91.405(a), 

for maintenance 

& (a)(2), and 91.417(a) & (b), as these sections set forth requirements 

that only apply to aircraft with an airworthiness certificate. 

equivalent level 

Jimmy Antonio 

of 

Aguila Rosario submits that the requested relief is proper since an 

safety will be ensured. Petitioner will use his experience 

maintenance, 

to perform 

and practices prescribed 

alterations, or preventive maintenance on the UASs using the methods, techniques, 

Phantom 2 Vision Plus 

in the operating documents (i.e., Monthly Maintenance Log, and DJI 

document and maintain 

and DJI Phantom 3 Instruction Manual). Furthermore, Petitioner will 

all maintenance 

Phantom 3 UASs. 

records for the DJI Phantom 2 Vision Plus and DJI 

privileges 

Relief 

and 

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

limitations: Pilot in command, 

the extent necessary 

is requested by Jimmy Antonio Aguila Rosario, to 

currency requirements, 

to allow a Pilot in Command (PIC) by meeting minimum flight- hour and 

DJI Phantom 3 UASs 

that the PIC is able to safely operate the DJI Phantom 2 Vision Plus and 

in a manner consistent with this exemption, 

emergency maneuvers 

including evasive and 

structures. 

and maintaining appropriate distances from people, vessels, vehicles and 

airworthiness, 

Jimmy Antonio 

because 

Aguila Rosario, seeks relief from Section 91.7(a), entitled Civil aircraft 

an airworthiness certificate 

the DJI Phantom 2 Vision Plus and DJI Phantom 3 UASs do not require 

Antonio Aguila Rosario will 

in accordance with 14 C.F .R. Part 21, Subpart H. As such, Jimmy 

flight, by determining 

ensure that the 3 UASs are in an airworthy condition, prior to every 

Monthly Maintenance 

that the UASs are in compliance with the operating documents (i.e., 

Manual), and 

Log, and DJI Phantom 2 Vision Plus and DJI Phantom 3 Instruction 

that the aircraft are in a condition for safe flight. 

91.121, 

Jimmy 

entitled 

Antonio 

Altimeter 

Aguila Rosario also seeks an exemption from the requirements of Section 

will not have a 

Settings, as the DJI Phantom 2 Vision Plus and DJI Phantom 3 UAs 

Phantom 2 Vision 

typical 

Plus 

barometric altimeter onboard. However, altitude information of the DJI 

Positioning System 

and DJI Phantom 3 UAs will be provided to the PIC via Global 

(GPS) equipment and radio communications 

downlinks from 

telemetry data link, which 

information, 

the UA to the GCS for active monitoring of the flight path. This altitude 

UASs within 

combined 

visual 

with my operation of the DJI Phantom 2 Vision Plus and DJI Phantom 3 

equivalent 

line of sight, at or below 400 feet AGL, will ensure a level of safety 

to Section 91.121. 

Additionally, 

of Section 91.151(b), 

Jimmy Antonio Aguila Rosario seeks an exemption from the requirements 

entitled Fuel requirements for flight in VFR conditions. Jimmy Antonio 

5 
Aguila Rosario, submits that safety will not be affected by operation of the DJI Phantom 2 

Vision Plus and DJI Phantom 3 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 

approximately 15 minutes to the first point of intended landing and, assuming normal cruising 

speed, to :fly after that for at least 4.5 minutes. 

In accordance with 14 C.P.R.§ 11.81, Jimmy Antonio Aguila Rosario, provide the 

following information in support of its petition for exemption: 

A. N arne and Address of the Petitioner: 

Jimmy Antonio Aguila Rosario 

Parque Napoleon 5CC20 

Villa Fontana Park 

Carolina, Puerto Rico 

(787) 225-0586 

Email: pilotodeportivopr@icloud.com 

B. The Specific Sections of 14 C.F.R. from Which Jimmy Antonio Aguila Rosario Seeks 

Exemption. 

1. Jimmy Antonio Aguila Rosario 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. Jimmy Antonio Aguila Rosario 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. Jimmy Antonio Aguila Rosario Seeks Exemption From The Requirements Of 

Section 91.121. 

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

6 
(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 

1 00 nautical miles of the aircraft; 

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

section, the current reported altimeter setting of an appropriate available 

station; or 

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

departure airport or an appropriate altimeter setting available before 

departure. 

4. Jimmy Antonio Aguila Rosario Seeks Exemption From The Requirements Of 

Section 91.15l(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. Jimmy Antonio Aguila Rosario 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. Jimmy Antonio Aguila Rosario, 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--

7 
(1) It has been approved for return to service by a person authorized under§ 43.7 of 

this chapter. 

7. Jimmy Antonio Aguila Rosario 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. 

8. Jimmy Antonio Aguila Rosario 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. 

8 
(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 ofthe aircraft, including the time since the last 

inspection required by the inspection program under which the aircraft and 

its appliances are maintained. 

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

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

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

recurring action, the time and date when the next action is required. 

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

alteration to the airframe and currently installed engines, rotors, propellers, 

and appliances. 

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

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

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

performed. 

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

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

(3) A list of defects furnished to a registered owner or operator under § 4 3 .11 of this 

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

for return to service. 

C. The Extent Of Relief Jimmy Antonio Aguila Rosario, Seeks And The Reason Jimmy 

Antonio Aguila Rosario, Seeks The Relief. 

1. Extent of Relief Jimmy Antonio Aguila Rosario, Seeks And the Reason Jimmy 

Antonio Aguila Rosario, 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. Further: 

• Petitioner is a Sport Pilot and Sport Pilot Instructor. 

• Petitioner has over 150 hrs. Of flight hours in a variety of sport planes. 

• Petitioner has been flying RC for more than two years in the field and computer 

simulations. 

9 
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, Jimmy Antonio Aguila Rosario, submits that an equivalent 

level of safety will be maintained because no PIC will be allowed to operate the DJI Phantom 2 

Vision Plus and DJI Phantom 3 UAS except for the petitioner. 

Further, Jimmy Antonio Aguila Rosario submits that all flights of the DJI Phantom 2 

Vision Plus and DJI Phantom 3 UASs, conducted by the PIC pursuant to the grant of this 

Petition: (1) will be incidental to petitioner and (2) will not carry passengers or property for 

compensation or hire. 

2. Extent Of Relief Jimmy Antonio Aguila Rosario, Seeks And The Reason Jimmy 

Antonio Aguila Rosario, 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 Jimmy Antonio Aguila Rosario, to determine that the DJI Phantom 2 Vision 

Plus and DJI Phantom 2 Vision Plus and DJI Phantom 3 UASs are in airworthy condition prior 

to every flight by ensuring that the UAS is in compliance with the operating documents (i.e., 

Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 Vision Plus and DJI 

Phantom 3 Instruction Manual). 

Jimmy Antonio Aguila Rosario seeks the requested relief because the DJI Phantom 2 

Vision Plus and DJI Phantom 3 UASs do not require an airworthiness certificate in accordance 

with 14 C.F .R. Part 21, Subpart H. Therefore, Jimmy Antonio Aguila Rosario, will ensure that 

the DJI Phantom 2 Vision Plus and DJI Phantom 3 UASs are in airworthy condition based upon 

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

2 Vision Plus and DJI Phantom 3 Instruction Manual) prior to every flight, and further, 

determine that the aircraft are in condition for safe flight, as stated in the conditions and 

limitations below. 

3. Extent Of Relief Jimmy Antonio Aguila Rosario, Seeks And The Reason Jimmy 

Antonio Aguila Rosario, Seeks Relief From Section 91.121. 

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

operations of the DJI Phantom 2 Vision Plus and DJI Phantom 2 Vision Plus and DJI Phantom 3 

UASs, 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), Jimmy 

Antonio Aguila Rosario, seeks the requested relief because the DJI Phantom 2 Vision Plus and 

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 ofthe proposed operations, relief from 14 CFR 91.121 is 

sought to the extent necessary to comply with the applicable conditions and limitations stated 

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

DJI Phantom 2 Vision Plus and DJI Phantom 3 UAs are equipped with a barometric pressure 

sensor and GPS equipment, which automatically ensures that a ground level pressure setting will 

10 
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 Jimmy Antonio Aguila Rosario, Seeks And The Reason Jimmy 

Antonio Aguila Rosario, Seeks Relief From Section 91.15l(b). 

Relief from Section 91.15l(b) entitled Fuel requirements for flight in VFR conditions, is 

requested to the extent required to allow flights of the battery powered DJI Phantom 2 Vision 

Plus and DJI Phantom 3 UAs during daylight hours in visual meteorological conditions (VMC), 

under visual flight rules (VFR), for a total duration of 15 minutes to the first point of intended 

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

Antonio Aguila Rosario seeks the requested relief because without an exemption from Section 

91.151 (b), the flight time duration of the battery powered DJI Phantom 2 Vision Plus and DJI 

Phantom 3 UAs will severely constrain the practicality of any aerial video or still photo flight 

operations that Jimmy Antonio Aguila Rosario, proposes to conduct pursuant to this Petition. 

Significantly, as set forth below, the technical specifications of the DJI Phantom 2 Vision 

Plus and DJI Phantom 3 UASs, the DJI Phantom 2 Vision Plus and DJI Phantom 3 operating 

documents, and Jimmy Antonio Aguila Rosario, proposed operating limitations, ensure that 

Jimmy Antonio Aguila Rosario, will safely operate the battery powered DJI Phantom 2 Vision 

Plus and DJI Phantom 3 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 13.5 

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

that for at least 4.5 minutes. 

5. Extent Of Relief Jimmy Antonio Aguila Rosario, Seeks And The Reason Jimmy 

Antonio Aguila Rosario, Seeks Relief From Sections 91.405(a), 91.407(a)(l), 91.409(a)(l) & 

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

Since Sections 91.405(a), 91.407(a)(l), 91.409(a)(l) & (a)(2), and 91.417(a) & (b) only 

apply to aircraft with an airworthiness certificate, Above It All, LLC, requests relief from these 

Sections because the DJI Phantom 2 Vision Plus and DJI Phantom 3 UASs do not require 

airworthiness certificates. As set forth more fully below, the DJI Phantom 2 Vision Plus and DJI 

Phantom 3 UASs meet the conditions ofFMRA Section 333 for operation without an 

airworthiness certificate. Accordingly, Jimmy Antonio Aguila Rosario, will perform 

maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, 

and practices prescribed in the UAS operating documents (i.e., the Operations Manual, Monthly 

Maintenance Log, and DJI Phantom 2 Vision Plus and DJI Phantom 3 Instruction Manual). 

Furthermore, Jimmy Antonio Aguila Rosario, will document and maintain all maintenance 

records for the DJI Phantom 2 Vision Plus and DJI Phantom 3 UASs. 

D. The Reasons Why Granting Jimmy Antonio Aguila Rosario's 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 Jimmy Antonio 

Aguila Rosario, to safely, efficiently, and economically perform aerial video and photography 

for real estate photography, and special events over certain areas of the United States and its 

territories. 

11 
Additionally, use of the DJI Phantom 2 Vision Plus and DJI Phantom 3 UASs will 

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

economy. Notably, the benefits of Jimmy Antonio Aguila Rosario, proposed operation of the DJI 

Phantom 2 Vision Plus and DJI Phantom 3 UASs will be realized without implicating any 

privacy issues. 

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

The DJI Phantom 2 Vision Plus and DJI Phantom 3 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 2 Vision Plus and DJI Phantom 3 

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 2 Vision Plus and DJI Phantom 3 UAs do not require an airport to takeoff or land. 

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

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

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

2. The Public Will Benefit from the Safety and Efficiency of the DJI Phantom 2 

Vision Plus and DJI Phantom 3UASs. 

Conducting aerial acquisitions with the DJI Phantom 2 Vision Plus and DJI Phantom 3 

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

levels of air and noise pollution generated during traditional aerial video and still photography 

flight operations. By using battery power and electric motors, the DJI Phantom 2 Vision Plus and 

DJI Phantom 3 UASs produce no air pollution, and is the most viable environmentally conscious 

alternative to the cabin class, six cylinder internal combustion engine aircraft that are typically 

utilized for aerial video and photography, while burning approximately 20-30 gallons per hour of 

leaded aviation fuel. The DJI Phantom 2 Vision Plus and DJI Phantom 3 UAs, while reducing 

the carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UAs are 

propelled by battery powered electric motors, rather than an internal combustion engine. 

By using the DJI Phantom 2 Vision Plus and DJI Phantom 3 UASs to perform aerial 

acquisitions, the substantial risk to life and property in the air and on the ground, which is 

usually associated with traditional manned aircraft flight operations, will be substantially reduced 

or completely eliminated. Aside from the lack of flight crew members located onboard the 

aircraft, the DJI Phantom 2 Vision Plus and DJI Phantom 3 UAs (weighing approximately 2 

pounds 11 ounces, at maximum gross weights with lengths of 16 inches, widths of 16 inches, 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 Aerial Video and Photography Operations with the DJI Phantom 2 

Vision Plus and DJI Phantom 3 UASs Will Benefit the Economy. 

12 
In addition to being safe and efficient, the DJI Phantom 2 Vision Plus and DJI Phantom 3 

UASs are also an economical alternative to using manned aircraft to conduct similar aerial 

operations. As such, operation of the DJI Phantom 2 Vision Plus and DJI Phantom 3 UASs will 

allow United States based companies and individuals, like Jimmy Antonio Aguila Rosario, to 

remain competitive and contribute to the 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 2 Vision Plus and DJI Phantom 3 UASs is one such technology that not only allows 

companies greater operational flexibility compared to manned aircraft, but provides such 

flexibility without the high operational cost of a traditional manned aircraft. 

By operating the DJI Phantom 2 Vision Plus and DJI Phantom 3 UASs, companies and 

individuals such as Jimmy Antonio Aguila Rosario, 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 ofU.S. companies, 

through commercial use of the DJI Phantom 2 Vision Plus and DJI Phantom 3 UASs, 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, Jimmy Antonio Aguila Rosario, proposed operation of the DJI Phantom 2 Vision Plus 

and DJI Phantom 3 UASs will not implicate any privacy issues. Specifically, the DJI Phantom 2 

Vision Plus and DJI Phantom 3 UASs will be operated only in compliance with operating 

documents (i.e., the Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 Vision 

Plus and DJI Phantom 2 Vision Plus 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. 

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 I Seek Exemption. 

1. Reasons Why the DJI Phantom 2 Vision Plus and DJI Phantom 3 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, my operation of the DJI Phantom 2 Vision Plus and DJI 

Phantom 3 UASs meet the conditions ofFMRA 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 

13 
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.--Ifthe 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, Jimmy Antonio Aguila Rosario, submits that the DJI Phantom 

2 Vision Plus and DJI Phantom 3 UASs can operate safely in the NAS pursuant to FMRA 

Section 333, as demonstrated by: (a) the characteristics of the DJI Phantom 2 Vision Plus and 

DJI Phantom 3 UASs; (b) the pilot certification requirement; and (c) the specific operating 

limitations. 

a. The Specifications of the DJI Phantom 2 Vision Plus and DJI Phantom 3 UASs 

Demonstrate Its Safe Characteristics. 

The DJI Phantom 2 Vision Plus and DJI Phantom 3 UASs do not create a hazard to users 

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

weight, speed, and operational capability. 

I. Technical Specifications of the DJI Phantom 2 Vision Plus and DJI 

Phantom 3 UASs. 

The technical specifications of the DJI Phantom 2 Vision Plus and DJI Phantom 3 UASs 

are set forth by the DJI Phantom 2 Vision Plus and DJI Phantom 3 Specifications and Data 

Sheet. 

14 
ii. The DJI Phantom 2 Vision Plus and DJI Phantom 3 UASs Autonomous 

Flight And Navigation Modes Enable The UASs To Remain Within A 

Defined Operational Area. 

The DJI Phantom 2 Vision Plus and DJI Phantom 3 UASs may be operated in both 

manual and fully autonomous flight modes. A complete description of the flight and navigational 

modes of the DJI Phantom 2 Vision Plus and DJI Phantom 3 UASs is available on-line at DJI 

Phantom 2 Vision plus User Manual and DJI Phantom 3 User Manual. 

iii. The DJI Phantom 2 Vision Plus and DJI Phantom 3 UASs Are Designed 

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

Of The Control Link Or Navigation. 

When the Control Link is lost, the DJI Phantom 2 Vision Plus and DJI Phantom 3 UAs 

will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 2 

Vision Plus and DJI Phantom 3 UAs do not reacquire control link data from the GCS, the UAs 

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

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

A complete description of the Failsafe Functions ofthe DJI Phantom 2 Vision Plus and 

DJI Phantom 3 UASs is available on-line at DJI Phantom 2 Vision plus User Manual and DJI 

Phantom 3 User Manual. 

a. Flights OfDJI Phantom 2 Vision Plus and DJI Phantom 3 UASs Will Be 

Conducted Pursuant To Specific Operating Limitations. 

In seeking this exemption, Jimmy Antonio Aguila Rosario, proposes to commercially 

operate DJI Phantom 2 Vision Plus and DJI Phantom 3 UASs for the purpose of conducting 

aerial video and photography over certain areas of United States and its territories, pursuant to 

the following specific operating limitations: 

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

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

pounds maximum gross weight: DJI Phantom 2 Vision Plus and 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 aerial video and photography. 

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

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

(AGL), as indicated by the procedures specified in the operating documents unless a 

special request is made and approved by ATC. All altitudes reported to ATC must be 

in feetAGL. 

15 
5. The UAs must be operated within visual line of sight (VLOS) ofthe PIC at all times. 

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

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

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

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

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

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

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

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

PIC must ensure that the SO can perform the functions prescribed in the operating 

documents. 

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

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

permitted to operate the camera or other instruments. 

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

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

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

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

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

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

operator may update or revise its operating documents. It is the operator's 

responsibility to track such revisions and present updated and revised documents to the 

Administrator upon request. The operator must also present updated and revised 

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

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

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

of exemption. The FAA's UAS Integration Office (AFS-80) may be contacted if 

questions arise regarding updates or revisions to the operating documents. 

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

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

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

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

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

alterations must be properly documented in the aircraft records. 

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

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

must undergo a functional test flight. The PIC who conducts the functional test flight 

must make an entry in the aircraft records. 

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

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

operating documents. 

16 
13. The operator must follow the UAS manufacturer's aircraft/component, maintenance, 

overhaul, replacement, inspection, and life limit requirements. 

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

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

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

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

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

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

Bulletins. 

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

action taken against discrepancies discovered between inspections. 

17. 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 U AS 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. 

18. U AS 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. 

19. The U A 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 NOT AM as required by the operator's COA. The letter of 

agreement with the airport management must be made available to the Administrator 

upon request. 

20. The UA may not be operated less than 400 feet below or less than 2,000 feet 

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

21. 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. 

17 
22. The PIC must abort the flight in the event of unpredicted obstacles or emergencies in 

accordance with the operating documents. 

23. 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. 

24. 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 

(NOT AM) 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. 

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

number, registered in accordance with 14 C.P.R. part 47, and have identification (NNumber) markings in accordance with 14 C.P.R. part 45, Subpart C. Markings must 

be as large as practicable. 

26. 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. 

27. The documents required fewer than 14 C.P.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. 

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

operations and activities at all times. 

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

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

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

vessels, vehicles, and structures unless: 

a. Barriers or structures are present that sufficiently protect nonparticipating 

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

must ensure that nonparticipating persons remain under such protection. If a 

situation arises where nonparticipating persons leave 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; 

18 
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). 

31. 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. 

32. 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. 

Jimmy Antonio Aguila Rosario, submits that the equivalent level of safety established by 

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

Phantom 2 Vision Plus and DJI Phantom 3 UASs except Jimmy Antonio Aguila Rosario, and 

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

PIC is able to safely operate the DJI Phantom 2 Vision Plus and DJI Phantom 3 UAS in a 

manner consistent with the exemption, including evasive and emergency maneuvers and 

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

Considering Jimmy Antonio Aguila Rosario'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. 11 062); and the 

airmanship skills necessary to safely operate the DJI Phantom 2 Vision Plus and DJI Phantom 3 

VAS, Jimmy Antonio Aguila Rosario, submits that the additional manned airmanship experience 

of a commercially certificated pilot would not correlate to the airmanship skills necessary for 

Jimmy Antonio Aguila Rosario'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). 

Jimmy Antonio Aguila Rosario, will not allow any PIC to operate the DJI Phantom 2 

Vision Plus and DJI Phantom 3 UAS except petitioner and that PIC has demonstrated, by 

meeting minimum flight-hour requirements or the DJI Phantom 2 Vision Plus and DJI Phantom 

3 UAS training and currency requirements, that the PIC is able to safely operate the DJI Phantom 

2 Vision Plus and DJI Phantom 3 UAS 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.P.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 ofUAS 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). 

19 
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 my 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 CPR 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 ofUAS 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 total25 hours ofUAS 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, Jimmy Antonio Aguila Rosario, will ensure safe operations by not allowing 

any PIC to operate the DJI Phantom 2 Vision Plus and DJI Phantom 3 UAS unless that PIC has 

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

to safely operate the DJI Phantom 2 Vision Plus and DJI Phantom 3 UAS in a manner consistent 

with the exemption, including evasive and emergency maneuvers and maintaining appropriate 

distances from people, vessels, vehicles and structures. 

3. Reasons Why an Exemption from the Requirements of Section 91.7(a) Would Not 

Adversely Affect Safety. 

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

prior to every flight, Jimmy Antonio Aguila Rosario, will ensure that the DJI Phantom 2 Vision 

Plus and DJI Phantom 3 UAS is in an airworthy condition based upon the UAS's compliance 

with its operating documents and as stated in the conditions and limitations herein. 

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

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

Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 

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

20 
4. Reasons Why an Exemption from the Requirements of Section 91.121 Would Not 

Adversely Affect Safety. 

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

the altitude information of the DJI Phantom 2 Vision Plus and DJI Phantom 3 UAs 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 my operation of the DJI Phantom 2 Vision Plus and DJI 

Phantom 3 UAs within visual line of sight, at or below 400 feet AGL, will ensure a level of 

safety equivalent to Section 91.121. The altitude information will be generated by GPS 

equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiation point is 

automatically established by the UASs at ground level. 

The FAA has previously granted relief from Section 91.121 specific to UAS, in 

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

11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 

11156, 11157, 11158, 11159, 11160, 11161). 

5. Reasons Why an Exemption from the Requirements of Section 91.151(b) Would 

Not Adversely Affect Safety. 

A grant ofthis exemption would ensure an equivalent level of safety established by 14 

C.F .R. Section 91.151 (b) as a result of (1) the technical specifications of the DJI Phantom 2 

Vision Plus and DJI Phantom 3 UASs; (2) the limitations on the proposed flight operations; and 

(3) the location of the proposed flight operations. Accordingly, Jimmy Antonio Aguila Rosario, 

will ensure that it will safely operate the battery powered DJI Phantom 2 Vision Plus and DJI 

Phantom 3 UAs during daylight hours in VFR conditions, with enough battery power to fly for a 

total duration of 15 minutes to the first point of intended landing and, assuming normal cruising 

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

Here, as in Exemption No. Ill 09, the technical specifications of the DJI Phantom 2 

Vision Plus and DJI Phantom 3 UASs; 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.P.R. Section 91.151(b). Furthermore, safety will be ensured as the DJI Phantom 2 Vision Plus 

and DJI Phantom 3 UASs 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 Phantom3 UASs 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 U AS 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). 

21 
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, Jimmy Antonio Aguila Rosario, submit that the equivalent 

level of safety with regard to the regulatory maintenance and alteration requirements established 

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

because Jimmy Antonio Aguila Rosario, will use trained technicians to perform maintenance, 

alterations, or preventive maintenance on the UASs using the methods, techniques, and practices 

prescribed in the operating documents (i.e., the Operations Manual, Monthly Maintenance Log, 

and DJI Phantom 2 Vision Plus and DJI Phantom 3 Instruction Manual). Furthermore, I will 

document and maintain all maintenance records for the DJI Phantom 2 Vision Plus and DJI 

Phantom 3 UASs. 

Likewise, the exemption sought will not adversely affect safety because Jimmy Antonio 

Aguila Rosario, will use his experience to perform maintenance, alterations or preventive 

maintenance on the UAS using the methods, techniques, and practices prescribed by the 

operating documents. 

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

established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the DJI 

Phantom 2 Vision Plus and DJI Phantom 3 UASs will be performed by me. 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)(l) & (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 my proposed operating limitations, the operating documents, and the 

technical aspects of the DJI Phantom 2 Vision Plus and DJI Phantom 3 UASs, I submit that 

safety will not be adversely affected by granting exemption from 14 C.P.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.P.R.§ 21.16 entitled Special Conditions, Jimmy Antonio Aguila Rosario, 

requests that the FAA prescribe special conditions for the intended operation of the DJI Phantom 

2 Vision Plus and DTI Phantom 3 UASs, which contain such safety standards that the 

Administrator finds necessary to establish a level of safety equivalent to that established by 14 

C.P.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 U As for the limited purpose of conducting aerial video and 

photography over certain areas of the United States for compensation or hire. FMRA Section 333 

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

NAS or the public, or otherwise pose a threat to national security; and further, provides the 

22 
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.P.R. 

§ 21.16, for operation of the DJI Phantom 2 Vision Plus and DJI Phantom 3 UASs, since the 

airworthiness regulations of 14 C.P.R. Part 21 do not contain adequate or appropriate safety 

standards, due to the novel or unusual design features of the aircraft. Section 21.16, entitled 

Special Conditions, states the following: 

If the P AA 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 P AA fmds necessary to 

establish a level of safety equivalent to that established in the regulations. 

See 14 C.P.R.§ 21.16. 

Therefore, in accordance with PMRA Section 333 and 14 C.P.R. § 21.16, the P AA may 

prescribe special conditions for Jimmy Antonio Aguila Rosario's intended operation of the DJI 

Phantom 2 Vision Plus and DJI Phantom 3 UASs, which contain such safety standards that the 

Administrator finds necessary to establish a level of safety equivalent to that established by 14 

C.P.R. Part 21, Subpart H, and 14 C.P.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 

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

F. A Summary That Can Be Published In The Federal Register, stating: The Rules From 

Which I Seek Exemption: 

Jimmy Antonio Aguila Rosario, seeks exemption from the requirements of 14 C.F.R 

Sections 6Lll3(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 OfThe Nature Of The Exemption I Seek: 

This exemption will permit Jimmy Antonio Aguila Rosario, to commercially operate an 

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

photography over certain areas of the United States and its territories. 

G. Any Additional Information, Views, Or Arguments Available To Support Jimmy 

Antonio Aguila Rosario, Request. 

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

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

may operate safely in the NAS. As such, Jimmy Antonio Aguila Rosario's request for exemption 

may be granted pursuant to the authority ofPMRA Section 333 and 14 C.P.R. Part 11, as set 

forth above. 

23 
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, Jimmy Antonio Aguila Rosario, will operate the DJI 

Phantom 2 Vision Plus and DJI Phantom 3 UASs safely in the NAS, without creating a hazard to 

users of the NAS, or the public, or otherwise pose a threat to national security. 

CONCLUSION 

As set forth herein, Jimmy Antonio Aguila Rosario, seeks an exemption pursuant to 14 

C.P.R.§ 11.61 and Section 333 ofthe FAA Modernization and Reform Act of2012 (FMRA), 

which will permit safe operation of the DJI Phantom 2 Vision Plus and DJI Phantom 3 UASs 

commercially, without an airworthiness certificate, for the limited purpose of conducting aerial 

video and photography over certain areas ofthe United States and its territories. By granting this 

Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA 

Modernization and Reform Act of2012, while also advancing the interests ofthe public, by 

allowing Jimmy Antonio Aguila Rosario, to safely, efficiently, and economically operate the DJI 

Phantom 2 Vision Plus and DJI Phantom 3 UASs commercially within the NAS. 

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

Modernization and Reform Act of2012, Section 333, Jimmy Antonio Aguila Rosario, 

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)(l), 91.409(a)(l) & (a)(2), and 91.417(a) & (b), and permit Above It All, LLC, to 

operate the DJI Phantom 2 Vision Plus and DJI Phantom 3 UASs commercially for the purpose 

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

territories. 

Dated: August 1, 2015 

Re ecy_: s b i d, 

Jj y kuitoni "Ia Rosario 

·· que Nap · 6n 5CC20 

Villa Fontana Park 

Carolina, Puerto Rico 00983 

(787) 225-0586 Mobile 

Email: pilotodeportivopr@icloud.com 

24 
APPENDICES: 

Appendix A- DJI Phantom 2 Vision Plus and Phantom 3 Technical Specifications 

Appendix B - Phantom 2 Vision Plus and Phantom 3 Pre-Flight Inspection Check List 

Appendix C - Phantom Flying Flowchart 

Appendix D - Monthly Maintenance Log 

APPENDIX A 

DJI PHANTOM 2 VISION PLUS AND DJI PHANTOM 3 TECHNICAL 

SPECIFICATIONS 

Jimmy Antonio Aguila Rosario only utilizes safe and reliable UASs. DJI is an industry leader in 

small UAS production. DJI UASs are loaded with ground breaking software enabling the user to 

set parameters which will not allow flight into controlled airspace. Parameters can also be set to 

limit flight to no higher than a predetermined and set altitude as well as limit flight to a 

predetermined and set distance. In addition, DJI software provides real-time altitude and location 

information to the PIC via the linked monitor (smart phone/tablet devices). 

Phantom 2 Vision Plus and Phantom 3 

Purchased from Intelligent UAS (Dll authorized dealer) 

General Specs. 

Weight (Including Battery And 

Propellers) 

1280 g 

Diagonal Size (Including Propellers) 

590mm 

Max Ascent Speed 

5 m/s 

Max Descent Speed 

3 m/s 

Hover Accuracy 

Vertical:+/- lOcm 

Horizontal: +/- lm 

Max Speed 

16 m/s (ATTI mode, no wind) 

Max Altitude Above Sea Level 

6000m 

Operating Temperature 

ooc to 40°C 

GPSMode 

GPS/GLONASS 

Camera 

Sensor 

Sony EXMOR 1/2.3" Effective pixels: 12.4 M (total pixels: 12.76 M) 

Lens 

FOV 94° 20 mm (35 mm format equivalent) £12.8, focus at oo 

ISO Range 

100-3200 (video) 100-1600 (photo) 

25 
Shutter Speed 

8s -1/8000s 

Image Max Size 

4000 X 3000 

Still Photography Modes 

Single Shot 

Burst Shooting: 3/5/7 shots 

Auto Exposure Bracketing (AEB): 3/5 

Bracketed Frames at 0.7EV Bias 

Time-lapse 

Video Recording Modes 

Phantom 3 Professional 

UHD: 4096x2160p 24/25, 3840x2160p 24/25/30 

FHD: 1920x1080p 24/25/30/48/50/60 

HD: 1280x720p 24/25/30/48/50/60 

Phantom 2 Vision Plus 

FHD: 1920x1080p 24/25/30/48/50/60 

HD: 1280x720p 24/25/30/48/50/60 

Supported SD Card Types 

Micro SD 

Max capacity: 64 GB. Class 10 or UHS-1 rating required 

Max Bitrate Of Video Storage 

60 Mbps 

Supported File Formats 

FAT32/exFAT 

Photo: JPEG, DNG 

Video: MP4, MOV (MPEG-4 AVC/H.264) 

Operating Temperature 

ooc to 40°C 

Gimbal 

Controllable Range 

Pitch -90° to +30° 

Stabilization 

3-axis (pitch, roll, yaw) 

Vision Positioning 

Max Velocity 

Less than 8 m/s (when 2m above ground) 

Altitude Range 

30 cm-300 em 

Operating Range 

30 cm-300 em 

Operating Environment 

Surface with clear pattern and adequate lighting (Lux > 15) 

Remote Controller 

Operating Frequency 

2.400 GHz-2.483 GHz 

Max Distance 

2000m (outdoors and unobstructed) 

Video Output Port 

USB 

Operating Temperaturel.l 

26 
APPENDIXB 

Phantom 2 Vision Plus and Phantom 3 Pre-Flight Inspection Check List 

Pre-Flight Check List 

o Visual inspection for defects 

o Batteries fully charged and checked- Transmitter, UAS, iPad, iPhone, 

approved/compatible device 

o Props tightened and locked 

o SD card in camera 

o Lens cap removed (As necessary) 

o Antennae up and parallel 

o Transmitter turned on (press once, release, then press and hold for 3 seconds) 

o Ensure Transmitter is in P Mode 

o UAS turned on (press once, release, then press and hold for 3 seconds) 

o Flick the transformation switch on transmitter up and down 4 times quickly to convert 

from travel mode to flight mode or use the app 

o DJI Pilot app quit and restarted, no other running apps on iPad 

o Tap bar at top of app (Safe to Fly GPS) for full status 

o Maps are cached (move the map around, zoom in an out) 

o Minimum return height adjusted (check for tallest object and set accordingly) 

o UAS placed in safe launch and recover position 

o Home point reprogrammed via app 

o Area clear of people I obstructions 

Flight Check List 

o Hover close for 20 seconds. Look I Listen for defects 

0 

0 

0 

0 

0 

Confirm expected stick operation 

Monitor battery power 

Monitor signal strength 

Keep line-of-sight with U AS 

Ensure area/zone of intended flight path is clear of other aerial traffic. 

Ensure area/zone of intended flight path is clear of any electrical/power lines 

Ensure atmospheric conditions are optimal for safe operation ofUAVIUAS 

Select a safe zone to "ditch" the UAVIUAS in the event an emergency landing is required 

27 
APPENDIXC 

PHANTOM Flying Flowchart V1.0 (Simplified Version) 

Manual ca;efu,l~·· to ge: t'le operation detai.s. Its corres;:;::.noi'lg F'r'TNia~e \iersion ~:s \l3.D. 

Sl'.•itct, on 1he trans.mitler~ and 

1hen P~"'1er c.n the PHANTOM. 

._...~.M .... 

lOG {)n& 

_ 3~an!:.P~"' _or: 

I f}'{el:cr:-~· rr .. :::.:; ~·s 

II LED; E!!lnk Re~or~ingl lli~~~:Js~~ ~ Dk. . 1". Dr... o• !"' Green Quicl;ly I.. lo<' Re.::ord ihe - J ___ ..,:.. __ _ 

fOJVIard 

direc.tion. 

......... 

Second Level 

•• .. ••••• Protection Alert 

&Height Descent 

Po\ve.~ off ihe PHANTOM. and 

ihen Sl.'i!ic!l off ihe lransmitter 

FailSafe LED: Blink: Yellow ...-------.•1 Quickly OO&:~e?~aooo 

Senser Error To::• Big LED:Red+ 

G!"E€n+ Y ;!!low 

Compass Error Too Bl9!.-------. 

~-----------~~L~E~D~:R~e~d~+~Y~e~iow~~::::':'0:·:::·:!~:3 

lf Red LED appears in the last four --------+1 green !la:hes, the auropilo' system 

cannot work 

LED : Mode +GPS Sateili1e 

Number·t6Green. 

'r:•,:c":ant J PHfi..\"7•::>'v~ 's 

T!Ol~".:'d a:f:er t::C.'/Jer.:rn :;rj 

t>:fore: the ~Ke:;:;~; .Et2rt-up, 

:h:1t i:: norrra~-, 

Method of Start Motor 

-.~, .• ·~ .•. · ..~~,·-4··~ .. J I I 

- - ...;·--~~0-

:ne "''.<o·n•~;o;;ue ·~n~: ~r:1cs-d Fai~ S;;Je 

Green Part means normal prooedur~s: 

___ ...,. means regular situalion. 

- - .,. n1eans selectable or g:ossi~:i,e :sfiuaticn. 

?ink T ~}:1: tell.s 1he de1ails. 

Red Part means possible. abnormai siiuaticn. 

Part is possible in norma! or atfiormal situation, 

require you 10 confirm by 1he Te~~ fur details. 

Blue Part is 1he condition of the normal siiuatict1. 

Purple Part is 1he conditJc.n of ttle abnormal siluatioo. 
APPENDIXD 

Monthly Maintenance Log 

UAV# Dale Began Date Completed Maintenance Conducted Maintenance Done By: print & sign name 

SOFTWARE UPDATES 

AIRFRAME 

PROPELLERS 

ENGINES 

LANDING GEAR 

VIBRATION 

(DAMPENING) 

CAMERA (GIMBAL) 

OTHER 

29