October 25, 2015

To: Docket Management Facility 

U.S. Department of Transportation

Federal Aviation Administration

1200 New Jersey Avenue, SE

West Building Ground Floor Room W12-140

Washington, DC 20590

From: Richard R. Diana

67 Northwest Path

P.O. Box 551

Sagaponack, New York11962

H: (631) 537-6254 M: (631) 903-4266

dap.uav@gmail.com

FAA Private Pilot ASEL, Instrument Airplane Certificate Number 2820444

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 

of the Federal Aviation Regulations from: 14 CFR 61.113(a) & (b); 91.7 (a); 91.9 

(b)(2); 91.103; 91.119 (c); 91.121; 91.151 (a); 91.405 (a); 91.203 (a) & (b); 

91.405 (a); 91.407 (a) (1); 91.109 (a) (1) & (2); 91.417 (a) & (b).

This exemption would permit myself, Richard R. Diana, dba DAP~UAV (Diana Aerial 

Perspectives) to operate an Unmanned Aircraft System (DJI Phantom 3 Professional) 

pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) for 

the purposes of conducting commercial aerial photography and/or video to be used in 

real estate both residential and commercial, marketing, construction sites, civil 

landscapes, events, cinematography, architecture, land surveying, engineering and 

other related professions. As well as search and rescue operations if requested. The 

commercial uses for this quickly progressing up and coming technology are unlimited.

Aerial photography and videography for real estate and events are proven strategies to 

enhance marketing efforts and increase business success. The industry is not new. 

However, until recently it was conducted through the use of costly manned aircraft, a 

prohibitive business activity in many respects for small companies. By granting this 

exemption request I would be able to provide these services at a much more affordable 

cost with increased inherent safety to all.

Further, the small UAS will pose no threat to the public given its small size and lack of 

combustible fuel when compared to larger manned aircraft. Additionally, the 

operation of my UAS will minimize any harm to the environment.

My DJI Phantom 3 Professional will be registered in accordance with 49 U.S.C. 

44103, Registration of Aircraft, as well as 14 C.F.R. 14 Part 47, Aircraft Registration, 

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

Marking.
As described fully below, the requested exemption would permit the operation of a 

UAS under controlled conditions in the NAS that would be limited, controlled,

predetermined and will provide increased safety enhancements to the already safe 

operations in the industry presently using conventional aircraft.

As found in Exemption No. 11138 (Trudeau), the FAA recently approved similar use of 

a DJI Phantom 2 Model. I will operate the DJI Phantom 3 Professional Model which is 

a UAS with a 3 axis gimble mounted 4K HD camera and a transportable ground 

station. The Phantom 3 is a quadcopter with a maximum gross weight of 3.0 lbs. It is 

equipped with four electric motor driven rotors powered by a battery. Maximum 

airspeed of 16m/s. It utilizes the GPS system and the GLONASS system onboard 

integrated with a radio data link system which maintains an automatic flight log to

include altitude, vertical and horizontal speed, distance from the operator as well as 

tracks the flight path overlaying a map. This "black box" utility also records flight 

control movements. These records can be downloaded. Flight hours and duration are 

also maintained.

UAS Operations Parameters

I will abide by the following operating procedures under this exemption ensuring an 

exceptional level of safety. 

Will consider a self-medical/physical assessment prior to every flight ensuring 

adequate sleep has taken place and without any illness. Ensure I am well rested and 

feeling well.

Weather conditions including visibility, wind speeds, and wind direction will be 

considered and logged. Date, time, mileage and location of project with project 

description and settings will be logged.

Preflight inspection will be conducted prior to any flight including the transportable 

ground station. If any discrepancies are discovered the flight will be canceled until all 

discrepancies are remedied and test flights are conducted to ensure safe flight. These 

discrepancies, if any, will be logged.

As per the DJI Owner's manual, prior to any flight, the compass must be calibrated 

and the GPS signal is confirmed with (required 6) no less than 8 or more satellites. 

Typical flights use 12-18 satellites ensuring accurate flight control. 

All flights will be conducted within visual line of sight (VLOS) of the pilot operator.

Maximum flight time will be limited to 25 minutes. Flights will be terminated at 20% 

battery power reserve.

Flights will be operated at an altitude of less than 500 ft. AGL

All flights will be daytime VFR.

UAS will not be operated less than 500 ft. below or less than 2,000 ft. horizontally 

from any clouds or when visibility is less than 3 miles.
UAS will not be flown at an indicated airspeed of exceeding 50 knots.

The UAS will not be operated from any moving vehicle.

Will obtain permission from owner/operator of any vessels, vehicles and structures 

when operations are conducted closer than 500 ft. to any such vessels, vehicles or 

structures. 

Will only operate in a safe environment that is strictly controlled and away from power 

lines, elevated lights, antenna towers, airports and densely populated areas.

Will always obtain all necessary permissions prior to any operation.

Have procedures and evasive emergency maneuvers in place to abort the flight in the 

event of any safety breeches, emergencies or unintended obstacles.

If remote control radio transmission link is lost, the Phantom 3 Professional will use 

GPS to hover in place for 3 seconds. If communication is not regained after 3 seconds 

the UAS will switch to the “Failsafe” function and fly at a predetermined altitude and 

return to the recorded “Home Point" and land automatically. This function is also 

available to the operator at any time during any flight. Also of note, if the battery 

power becomes too low the Phantom 3 Professional will hover in place and then land 

slowly and automatically before battery exhaustion.

Will follow all of the manufactures safety procedures and protocols, flight procedures, 

maintenance procedures, overhaul, replacement, and life limit requirements. Any 

changes or repairs will be logged. 

Will keep up to date of any and all Manufacture Safety Bulletins, Firmware updates or 

any other updates and will follow accordingly. These will also be logged.

No electronic messaging, texting or cell phone use will be permitted during flight.

The UAS will remain clear and yield the right of way to all manned aviation activities 

at all times. 

In my planned area of operations there are two local uncontrolled airports within a 30

mile radius. The closest Class B airspace is over 60 miles away at its outer/upper 

limits. The airspace I intend to use the most in my area of operations will be Class G 

and on occasion Class E (ATC communication and COA required) may come into play. 

I always utilize and monitor the local CTAF for both local airports. App/Dep, and 

Clearance/Del frequencies for the area using an iCom A24 Nav/Comm Aviation radio. 

I also have a David Clark headset with push to talk capabilities should that need ever 

become necessary or required. I use this addition safety feature on all flights 

regardless of how distant or how low altitude I may be operating at from any airport. I 

monitor any and all air traffic wherever I may be operating on every flight.
As PIC, I will accumulate and log in a manner consistent with 14 C.F.R. 61.51 (b), 25 

hours of total time as a UAS pilot including 10 hours logged as a UAS pilot of a multi 

rotor UAS, (with a minimum of 5 hours of those hours operating the same make and 

model UAS to be used for operations under this exemption). In addition to the hour 

requirements, as PIC, I will conduct 3 take off and landings in the preceding 90 days 

for currency proposes. 

As a certificated Private Pilot ASEL, Instrument Airplane, Certificate Number 2820444, 

I intend to follow the Notice of Proposed Rule Making for the new Part 107 being 

considered by the FAA Administrator. I will obtain the soon to come UAS Airman 

rating and complete the aeronautical knowledge test as soon as made available by the 

FAA once Part 107 in finalized and published. I will complete and pass a recurrent 

aeronautical knowledge test every 24 months to maintain currency as required.

The Operating Documents will be accessible during all UAS operations and made 

available to law enforcement or the Administrator upon request. Any revisions to the 

Operating Documents will be presented to the Administrator upon request.

Any incident, accident, mishap, or flight operation that transgresses the lateral or 

vertical boundaries of the operational area as defined by the applicable COA will be 

reported to the FAA’s UAS Integration Office (AFS-80) within 24 hours. Accidents will 

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

contained on the NTSB website: www.ntsb,gov. 

Summary

Granting this petition will further the public interest by allowing myself, Richard 

Diana, to safely, efficiently, and economically perform aerial photography and video of 

real estate, construction sites, events, civil landscapes, cinematography, architecture, 

land surveying, engineering and other related professions. As well as search and 

rescue operations if ever requested over certain areas of the United States.

Commercial use of the Phantom 3 Professional 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. 

Additionally, use of the DJI Phantom 3 Professional UAS will decrease congestion of 

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

UAS in this manner will also increase the safety of life and property in the air and on 

the ground. Particularly when compared to the use of conventional aircraft for similar 

purposes. Notably, the benefits of my proposed operation of the DJI Phantom 3 

Professional UAS will be realized without implicating any privacy issues. 

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, I, Richard R. Diana, dba 

DAP~UAV, request for exemption may be granted pursuant to the authority of the 

FMRA Section 333 and 14 C.F.R. Part 11, as set forth above.
FMRA Section 333 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 the national 

security of the United States.

As discussed in detail above, I will operate my UAS safely in the NAS, without creating 

any risk or hazard to users of the NAS, or the public, or otherwise pose a threat to the 

national security. 

Conclusion

As set forth herein, I, Richard Diana, dba DAP~UAV, seeks an exemption pursuant to 

14 C.F.R. 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012, 

which will permit safe operation of my DJI Phantom 3 Professional UAS commercially, 

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

photography and video 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 interest of the public, 

by allowing myself, Richard Diana to safely, efficiently, and economically operate my 

DJI Phantom 3 Professional UAS commercially within the NAS. 

If you have any further questions or require additional information, please contact me 

at dap.uav@gmail.com , Home phone (631) 537-6254 or Mobile (631) 903-4266.

Thank you sincerely,

Richard R. Diana

Owner/Operator

DAP~UAV

Diana Aerial Perspectives