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UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

Regulatory Docket No. _______________

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

J. PETROCELLI CONTRACTING

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS

61.23(a) and (c), 61.101(e)(4) and (e)(5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 91.121, 

91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (a)(2), AND 91.417(a) and (b) 

CONCERNING COMMERCIAL OPERATION OF THE

DJI PHANTOM 3 PROFESSIONAL UNMANNED AIRCRAFT SYSTEM

PURSUANT TO SECTION 333 OF

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

Submitted on 1 October 2015

Lawrence Lopez

LR2 Aviation Technical Consultants, Inc.

11 Resiak Court

Holbrook, New York 11741

Tel: (631) 838-0828

Larlop68@gmail.com

Consultant for Petitioner
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TABLE OF CONTENTS

Page

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

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

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

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

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

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH J. PETROCELLI 

CONTRACTING SEEKS EXEMPTION.................................................................6

THE EXTENT OF RELIEF J. PETROCELLI CONTRACTING SEEKS AND 

THE REASON J. PETROCELLI CONTRACTING SEEKS THE RELIEF........10

THE REASONS WHY GRANTING J. PETROCELLI CONTRACTING’S 

REQUEST WOULD BE IN THE PUBLIC INTEREST ......................................14

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT

ADVERSELY AFFECT SAFETY..........................................................................15

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER.................21

ANY ADDITIONAL INFORMATION AVAILABLE TO SUPPORT 

J. PETROCELLI CONTRACTING’S REQUEST.....................................21

CONCLUSION...................................................................................................................22
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GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

C.F.R. Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

GCS Ground Control Station

GPS Global Positioning System

NAS National Airspace System

NOTAM Notice to Airman

OEM Original Equipment Manufacturer

PIC Pilot In Command

RTH Return To Home

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

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft Systems

UAV Unmanned Aerial Vehicle

VFR Visual Flight Rules

VLOS Visual Line of Sight

VMC Visual Meteorological Conditions

VO Visual Observer

VTOL Vertical Takeoff and Landing
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SUMMARY

J. PETROCELLI CONTRACTING seeks exemption from the requirements of 14 C.F.R §§ 61.23(a) 

and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 

91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to operate an Unmanned Aircraft System 

pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption 

will permit J. PETROCELLI CONTRACTING to operate an Unmanned Aircraft System (UAS) for 

the commercial purpose of conducting aerial videography and photography of real estate and landscape 

over certain areas of the United States.

BACKGROUND

Unmanned Aircraft System: DJI Phantom 3 Professional

J. PETROCELLI CONTRACTING seeks an exemption to operate the DJI Phantom 3 Professional for 

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

(VTOL) Unmanned Aircraft (UA) with a remote Ground Control Station (GCS) capable of connecting 

to a mobile device. The DJI Phantom 3 Professional is a quad-copter configuration equipped with four 

main rotors; driven by Lithium Polymer battery-powered electric motors; maximum gross weight of 

approximately 2.82 pounds; diagonal length of 23.23 inches (w/props), and a maximum speed of 

approximately 36 knots. The DJI Phantom 3 will be operated by J. PETROCELLI CONTRACTING

and 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.

BASIS FOR PETITION

Petitioner, J. PETROCELLI CONTRACTING, 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 Professional UAS in the National Airspace System (NAS), 

and for an exemption from the requirements of 14 C.F.R §§ 61.23(a) and (c), 61.101(e)(4) and (5), 

61.113(a), 61.315(a), 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) 

and (2), and 91.417(a) and (b). 

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

unmanned aircraft and its operation, J. PETROCELLI CONTRACTING’s operation of the DJI 

Phantom 3 Professional 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, J. PETROCELLI CONTRACTING 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.

J. PETROCELLI CONTRACTING submits that the requested relief is proper since an equivalent

level of safety will be ensured. All maintenance of the DJI Phantom 3 Professional UAS performed by 

J. PETROCELLI CONTRACTING will be in accordance with the methods, techniques, and practices 

prescribed in the operating documents supplied by the Original Equipment Manufacturer (OEM). 

Additionally, only the OEM or qualified OEM maintenance personnel will perform factory-level 

inspections and maintenance per OEM documents and standards. J. PETROCELLI CONTRACTING 

will document and maintain all maintenance records for the DJI Phantom 3 Professional UAS.
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Relief from certain requirements of Sections 61.23(a) and (c), entitled Medical certificates: 

Requirement and duration, 61.101(e)(4) and (e)(5), entitled Recreational pilot privileges and 

limitations; 61.113(a), entitled Private pilot privileges and limitations: Pilot in command; and 

61.315(a), entitled What are the privileges and limits of my sport pilot certificate, is requested by J. 

PETROCELLI CONTRACTING to the extent necessary to allow the proposed UAS flight operations 

to be conducted by a Pilot in Command (PIC) holding a sport pilot certificate, recreational pilot 

certificate, or private pilot certificate, as well as an FAA-issued medical certificate or U.S. issued 

driver’s license, and who has demonstrated, by meeting minimum flight-hour and currency 

requirements, that the PIC is able to safely operate the DJI Phantom 3 Professional UAS in a manner 

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

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

J. PETROCELLI CONTRACTING seeks relief from Section 91.7(a), entitled Civil aircraft 

airworthiness, as the DJI Phantom 3 Professional UAS does not require an airworthiness certificate in 

accordance with 14 C.F.R. Part 21, Subpart H. As such, J. PETROCELLI CONTRACTING submits it 

will ensure the DJI Phantom 3 Professional UAS is in an airworthy condition, prior to every flight, by 

determining that the UAS being used is in compliance with its operating documents (e.g. DJI Phantom 

3 Professional UAS User Manual, Safety Guidelines, and Maintenance Manual), and the aircraft is in a 

condition for safe flight.

J. PETROCELLI CONTRACTING seeks relief from Section 91.119(c), entitled Minimum safe altitudes: 

(c) Over other than congested areas, because the DJI Phantom 3 Professional UAS will be flown at an 

altitude at or below 400 feet AGL, and to the extent that the DJI Phantom 3 Professional UAS may be 

operated closer than 500 feet from persons, vessels, vehicles, and structures under certain conditions. 

J. PETROCELLI CONTRACTING also seeks an exemption from the requirements of Section 91.121, 

entitled Altimeter Settings, because the altitude reporting equipment of the DJI Phantom 3 Professional

UAS is set to zero feet above ground level (AGL), rather than local barometric pressure or field altitude, 

before each flight. The altitude information of the DJI Phantom 3 Professional UAV is provided to the 

PIC via a barometric pressure sensor, Global Positioning System (GPS) equipment, a Visual Positioning 

System using ultrasonic and image data, and a radio communications telemetry data link, which downlinks 

from the UAV to the GCS for active monitoring of the flight path. A level of safety equivalent to Section 

91.121 will be ensured, as the altitude of the DJI Phantom 3 Professional UAV will be reported to air 

traffic control (ATC) in feet AGL, and J. PETROCELLI CONTRACTING will operate the DJI Phantom 

3 Professional UAV within visual line of sight, at or below 400 feet AGL.

J. PETROCELLI CONTRACTING, seeks an exemption from the requirements of Section 

91.151(a)(1), entitled Fuel requirements for flight in VFR conditions. J. PETROCELLI 

CONTRACTING submits safety will not be affected by operation of the DJI Phantom 3 Professional 

UAV during daylight hours in visual meteorological conditions (VMC) under visual flight rules 

(VFR), with enough battery power for the DJI Phantom 3 Professional UAV to fly for a total duration 

of 18 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after 

that for at least five (5) minutes.

In accordance with 14 C.F.R. § 11.81, J. PETROCELLI CONTRACTING 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 is:

James Petrocelli

J. PETROCELLI CONTRACTING

100 Comac Street

Ronkonkoma, New York 11770

The point of contact for this Petition and specific contact information is as follows:

Lawrence Lopez

LR2 Aviation Technical Consultants, Inc.

11 Resiak Court

Holbrook, New York 11741

Tel: (631) 838-0828

Larlop68@gmail.com

Consultant for Petitioner

B. The specific sections of 14 C.F.R. from which J. PETROCELLI CONTRACTING seeks

exemption.

1. J. PETROCELLI CONTRACTING Seeks Exemption From The Requirements Of Section 

61.23(a) And (c).

Section 61.23, entitled Medical Certificates: Requirement and duration subsection (a) and (c) 

prescribes the following, in relevant part:

(a) Operations requiring a medical certificate. Except as provided in paragraphs (b) and (c) of this 

section, a person—

(1) Must hold a first-class medical certificate:

(i) When exercising the pilot-in-command privileges of an airline transport pilot certificate;

(ii) When exercising the second-in-command privileges of an airline transport pilot certificate in a flag 

or supplemental operation inpart 121 of this chapter that requires three or more pilots; or

(iii) When serving as a required pilot flightcrew member in an operation conducted underpart 121 of 

this chapter if the pilot has reached his or her 60th birthday.

(2) Must hold at least a second class medical certificate when exercising:

(i) Second-in-command privileges of an airline transport pilot certificate inpart 121 of this chapter

(other than operations specified in paragraph (a)(1)(ii) of this section); or

(ii) Privileges of a commercial pilot certificate; or

(3) Must hold at least a third-class medical certificate—

(i) When exercising the privileges of a private pilot certificate;

(ii) When exercising the privileges of a recreational pilot certificate;

(iii) When exercising the privileges of a student pilot certificate;

(iv) When exercising the privileges of a flight instructor certificate and acting as the pilot in command;
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(v) When exercising the privileges of a flight instructor certificate and serving as a required pilot flight 

crewmember;

(vi) When taking a practical test in an aircraft for a recreational pilot, private pilot, commercial pilot, or 

airline transport pilot certificate, or for a flight instructor certificate; or

(vii) When performing the duties as an Examiner in an aircraft when administering a practical test or 

proficiency check for an airman certificate, rating, or authorization.

(c) Operations requiring either a medical certificate or U.S. driver's license.

(1) A person must hold and possess either a medical certificate issued under part 67 of this chapter or a 

U.S. driver's license when—

(i) Exercising the privileges of a student pilot certificate while seeking sport pilot privileges in a lightsport aircraft other than a glider or balloon;

(ii) Exercising the privileges of a sport pilot certificate in a light-sport aircraft other than a glider or 

balloon;

(iii) Exercising the privileges of a flight instructor certificate with a sport pilot rating while acting as 

pilot in command or serving as a required flight crewmember of a light-sport aircraft other than a 

glider or balloon; or

(iv) Serving as an Examiner and administering a practical test for the issuance of a sport pilot 

certificate in a light-sport aircraft other than a glider or balloon.

(2) A person using a U.S. driver's license to meet the requirements of this paragraph must—

(i) Comply with each restriction and limitation imposed by that person's U.S. driver's license and any 

judicial oradministrative order applying to the operation of a motor vehicle;

(ii) Have been found eligible for the issuance of at least a third-class airman medical certificate at the 

time of his or her most recent application (if the person has applied for a medical certificate);

(iii) Not have had his or her most recently issued medical certificate (if the person has held a medical 

certificate) suspended or revoked or most recent Authorization for a Special Issuance of a Medical 

Certificate withdrawn; and

(iv) Not know or have reason to know of any medical condition that would make that person unable to 

operate a light-sport aircraft in a safe manner.

2. J. PETROCELLI CONTRACTING Seeks Exemption From The Requirements Of Section 

61.101(e)(4) And (5).

Section 61.101, entitled Recreational pilot privileges and limitations subsection (e)(4) and (5)

prescribes the following, in relevant part:

(e) Except as provided in paragraphs (d) and (i) of this section, a recreational pilot may not act as pilot 

in command of an aircraft—

(4) For compensation or hire;

(5) In furtherance of a business;

3. J. PETROCELLI CONTRACTING Seeks Exemption From The Requirements Of Section 

61.113(a).

Section 61.113, entitled Private pilot privileges and limitations: Pilot in command, subsection (a)

prescribes the following, in relevant part:
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(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.

4. J. PETROCELLI CONTRACTING Seeks Exemption From The Requirements Of Section 

61.315(a).

Section 61.315(a), entitled What are the privileges and limits of my sport pilot certificate, subsection 

(a) prescribes the following, in relevant part:

(a) If you hold a sport pilot certificate you may act as pilot in command of a light-sport aircraft, except 

as specified in paragraph (c) of this section.

5. J. PETROCELLI CONTRACTING 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.

6. J. PETROCELLI CONTRACTING Seeks Exemption From The Requirements Of Section 

91.119(c).

Section 91.119, entitled Minimum safe altitudes: General, subsection (c), states the following:

Except when necessary for takeoff or landing, no person may operate an aircraft below the following 

altitudes:

(c) Over other than congested areas. An altitude of 500 feet above the surface, except over open water 

or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any 

person, vessel, vehicle, or structure.

7. J. PETROCELLI CONTRACTING 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.

8. J. PETROCELLI CONTRACTING Seeks Exemption From The Requirements Of Section 

91.151(a)(1).

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

(a)(1), states the following, in relevant part:

(a) No person may begin a flight in an airplane 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-

(1) During the day, to fly after that for at least 30 minutes;
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9. J. PETROCELLI CONTRACTING 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.

10. J. PETROCELLI CONTRACTING 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.

11. J. PETROCELLI CONTRACTING 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.

12. J. PETROCELLI CONTRACTING 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.
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(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 §43.11 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 J. PETROCELLI CONTRACTING Seeks And The Reason 

J. PETROCELLI CONTRACTING Seeks The Relief.

1. Extent Of Relief J. PETROCELLI CONTRACTING Seeks And The Reason J. PETROCELLI 

CONTRACTING Seeks Relief From Section 61.23(a) And (c).

Relief from Sections 61.23(a) and (c) entitled Medical certificates: Requirement and duration, is 

requested to the extent necessary to allow an adequately certificated PIC holding an FAA-issued 

medical certificate or U.S. issued driver’s license, to conduct the proposed UAS flight operations for 

compensation or hire. 

This relief is requested since the limitations set forth in Section 61.23(a) state that the holder of a 

recreational pilot, private pilot, commercial pilot, or airline transport pilot certificate, or flight 

instructor certificate must also hold the appropriate FAA-issued medical certificate to exercise the 

privileges of the pilot certificate. The relief is further requested since the limitations set forth in Section 

61.23(c) state that the holder of a sport pilot certificate must also hold a U.S. issued driver’s license 

when exercising the privileges of the certificate in a light sport aircraft. 

As set forth more fully below, J. PETROCELLI CONTRACTING submits that an equivalent level of 

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

UAS unless that PIC has met certain flight-hour and currency requirements, demonstrating the PIC is 

able to safely operate the DJI Phantom 3 Professional UAS in a manner consistent with the operations 

specifications as set forth herein, including evasive and emergency maneuvers, as well as maintaining 

appropriate distances from people, vessels, vehicles, and structures. Additionally, J. PETROCELLI 

CONTRACTING will require that a PIC operating the DJI Phantom 3 Professional UAS pursuant to 

this Petition hold at least a U.S. issued driver’s license, the minimum requirement to act as PIC of a 

light sport aircraft.
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2. Extent of Relief J. PETROCELLI CONTRACTING Seeks And The Reason J. PETROCELLI 

CONTRACTING Seeks Relief From Sections 61.101(e)(4) and (e)(5), 61.113(a), And 61.315(a). 

Relief from Sections 61.101(e)(4) & (e)(5), entitled Recreational pilot privileges and limitations; 

Section 61.113(a), entitled Private pilot privileges and limitations: Pilot in command; and Section 

61.315(a), entitled What are the privileges and limits of my sport pilot certificate, is requested to the 

extent necessary to allow a PIC holding a sport pilot, recreational pilot, or private pilot certificate, as 

well as an airman medical certificate or U.S. issued driver’s license, and who has met certain flighthour and currency requirements, to conduct the proposed UAS flight operations for compensation or 

hire, subject to the conditions and limitations below. 

This relief is requested since the limitations set forth in Sections 61.101(e)(4) & (e)(5) state that no 

person who holds a recreational pilot certificate may act as pilot in command of an aircraft for 

compensation or hire or in furtherance of a business. Relief is requested from 61.113(a) since the 

limitations set forth in that section state that no person who holds a private pilot certificate may act as 

pilot in command of an aircraft that is carrying passengers or property for compensation or hire; nor 

may that person, for compensation or hire, act as pilot in command of an aircraft. Relief is requested 

from 61.315(a) since the limitations set forth in that section only allow a person who holds a sport pilot 

certificate to act as pilot in command of a light-sport aircraft.

As set forth more fully below, J. PETROCELLI CONTRACTING submits an equivalent level of 

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

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

is able to safely operate the DJI Phantom 3 Professional UAS in a manner consistent with the 

operations specifications as set forth herein, including evasive and emergency maneuvers, as well as 

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

Further, J. PETROCELLI CONTRACTING submits the additional airmanship experience of a 

commercially certified pilot would not correlate to the airmanship skills necessary for J. 

PETROCELLI CONTRACTING’s specific proposed operations.

3. Extent of Relief J. PETROCELLI CONTRACTING Seeks And The Reason J. PETROCELLI 

CONTRACTING 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 

J. PETROCELLI CONTRACTING to determine that the DJI Phantom 3 Professional UAS is in an 

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

documents (e.g. DJI Phantom 3 Professional UAS User Manual, Safety Guidelines, and Maintenance 

Manual).

J. PETROCELLI CONTRACTING seeks the requested relief because the DJI Phantom 3 Professional 

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

Therefore, J. PETROCELLI CONTRACTING will ensure that the DJI Phantom 3 Professional UAS is 

in an airworthy condition based upon their compliance with the relevant operating documents prior to every 

flight, and further, determine the aircraft is in a condition for safe flight, as stated in the conditions and 

limitations below.
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4. Extent of Relief J. PETROCELLI CONTRACTING Seeks And The Reason J. PETROCELLI 

CONTRACTING Seeks Relief From Section 91.119(c). 

Relief from Section 91.119(c), entitled Minimum safe altitudes: (c) Over other than congested areas, is 

required because all proposed operations of the DJI Phantom 3 Professional UAS will take place at an 

altitude at or below 400 feet AGL. This relief is requested since the limitations set forth in Section 

91.119(c) state that no person may operate an aircraft below 500 feet above the surface. As set forth 

more fully below, J. PETROCELLI CONTRACTING submits that a level of safety equivalent to 

Section 91.119(c) will be maintained because operations will be conducted in areas with controlled 

access and under the safety provisions contained within this petition and the DJI Phantom 3 

Professional UAS operating documents. Additionally, relief from Section 91.119(c) is requested to the 

extent necessary to allow operations to be conducted closer than 500 feet to persons, vessels, vehicles, 

or structures, under certain conditions. This relief is requested since the limitations set forth in Section 

91.119(c) prohibit operating an aircraft closer than 500 feet to a person, vessel, vehicle, or structure. 

As set forth more fully below, J. PETROCELLI CONTRACTING submits an equivalent level of 

safety will be maintained because operations closer than 500 feet to a person, vessel, vehicle, or 

structure will first require that the operator receive permission from any nonparticipating persons or the 

person who owns/controls the property. In addition, barriers or structures will be in place to 

sufficiently protect nonparticipating persons from debris in the event of an accident and all 

nonparticipating persons will be required to remain under such protections for the duration of the 

operation.

5. Extent Of Relief J. PETROCELLI CONTRACTING Seeks And The Reason J. PETROCELLI 

CONTRACTING 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 Professional UAS, because the DJI Phantom 3 Professional UAV’s altitude 

reporting equipment may be set on the ground to zero feet AGL, rather than local barometric pressure 

or field altitude, before each flight. The DJI Phantom 3 Professional UAS utilizes a barometric 

pressure sensor, GPS equipment, a Visual Positioning System using ultrasonic and imaging data, and a 

radio communications telemetry data link to downlink altitude information from the UAV to the PIC at 

the GCS or Remote Controller. 

Considering the limited altitude of the proposed operations, relief from 14 C.F.R. § 91.121 is sought to 

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

fully set forth herein, a level of safety equivalent to Section 91.121 will be ensured as the altitude of 

the DJI Phantom 3 Professional UAV will be reported to air traffic control (ATC) in feet above ground 

level (AGL), and J. PETROCELLI CONTRACTING will operate the DJI Phantom 3 Professional 

UAV within visual line of sight, at or below 400 feet AGL.

6. Extent Of Relief J. PETROCELLI CONTRACTING Seeks And The Reason J. PETROCELLI 

CONTRACTING Seeks Relief From Section 91.151(a)(1). 
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Relief from Section 91.151(a)(1) entitled Fuel requirements for flight in VFR conditions, is requested 

to the extent required to allow flights of the battery powered DJI Phantom 3 Professional UAV during 

daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR) for the DJI 

Phantom 3 Professional UAV to fly for a total duration of eighteen (18) minutes to the first point of 

intended landing and, assuming normal cruising speed, to fly after that for at least five (5) minutes. J. 

PETROCELLI CONTRACTING seeks the requested relief because without an exemption from 

Section 91.151(a)(1), the flight time duration of the battery powered DJI Phantom 3 Professional UAV 

will severely constrain the practicality of any aerial acquisition and research flight operations that J. 

PETROCELLI CONTRACTING proposes to conduct pursuant to this Petition. 

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

the DJI Phantom 3 Professional UAS operating documents, and J. PETROCELLI CONTRACTING’s 

proposed operating limitations, ensure J. PETROCELLI CONTRACTING will safely operate the 

battery powered DJI Phantom 3 Professional UAV during daylight hours in visual meteorological 

conditions (VMC) under visual flight rules (VFR), with enough battery power for the DJI Phantom 3 

Professional UAV to fly for a total duration of eighteen (18) minutes to the first point of intended 

landing and, assuming normal cruising speed, to fly after that for at least five (5) minutes.

7. Extent Of Relief J. PETROCELLI CONTRACTING Seeks And The Reason J. PETROCELLI 

CONTRACTING Seeks Relief From Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) and (a)(2), And 

91.417(a) and (b). 

Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) and (b) only apply to 

aircraft with an airworthiness certificate, J. PETROCELLI CONTRACTING requests relief from these 

Sections because the DJI Phantom 3 Professional UAS does not require an airworthiness certificate. As 

set forth more fully below, the DJI Phantom 3 Professional meets the conditions of Section 333 of the 

FMRA for operation without an airworthiness certificate.

All maintenance, alterations, and preventive maintenance on the DJI Phantom 3 Professional UAS 

performed by J. PETROCELLI CONTRACTING will be in accordance with the methods, techniques, 

and practices prescribed in the operating documents (e.g. DJI Phantom 3 Professional Manual, Safety 

Guidelines, and Maintenance Manual). Furthermore, only the Original Equipment Manufacturer 

(OEM) or qualified OEM maintainers will perform higher level inspections and maintenance per the 

operating documents and OEM standards. J. PETROCELLI CONTRACTING will document and 

maintain all maintenance records for the DJI Phantom 3 Professional UAS.
14

D. The Reasons Why Granting . J. PETROCELLI CONTRACTING’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 J. PETROCELLI 

CONTRACTING to safely, efficiently, and economically perform aerial videography and photography 

of real estate and landscape over certain areas of the United States. Additionally, use of the DJI 

Phantom 3 Professional UAS will decrease congestion of the NAS, reduce pollution, and provide 

significant benefits to the economy. Notably, the benefits of J. PETROCELLI CONTRACTING’s 

proposed operation of the DJI Phantom 3 Professional UAS will be realized without implicating any 

privacy issues.

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

The DJI Phantom 3 Professional UAS is battery powered and operates as a safe, efficient, and 

economical alternative to conventional, 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 Professional 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 Professional UAS does 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 3 

Professional UAS.

Conducting aerial acquisitions with the DJI Phantom 3 Professional UAS, instead of manned aircraft, 

will greatly benefit the public by drastically reducing the levels of air and noise pollution generated 

during conventional aerial videography and still photography flight operations. Utilizing rechargeable, 

battery powered, electric motors, the DJI Phantom 3 Professional UAS produces no air pollution and is 

the most viable environmentally conscious alternative to the cabin class, six cylinder, internal 

combustion engine aircraft typically utilized for aerial videography and photography. These

conventional aerial platforms burn approximately 20-30 gallons per hour of leaded aviation fuel. The

DJI Phantom 3 Professional UAS, while reducing the carbon footprint of aerial acquisitions, also 

eliminates noise pollution, as the UAS are propelled/powered by battery powered electric motors, 

rather than an internal combustion engine. Performing aerial acquisitions using the DJI Phantom 3 

Professional UAS significantly reduces the substantial risk to life and property in the air and on the 

ground, usually associated with traditional manned aircraft flight operations. The DJI Phantom 3 

Professional UAV eliminates the necessity for flight crew, passengers, and fuel. Moreover, DJI 

Phantom 3 Professional UAV, weighing approximately 2.8 pounds, mitigates the physical potential for 

collateral damage to life and property on the ground and in the air, as compared to conventional, 

manned aircraft (weighing approximately 5,500 pounds with a wingspan of approximately 40 feet, a 

length of 32 feet, and a fuel capacity of 150 gallons) conducting similar operations.
15

3. Performing Aerial Videography and Photography Operations With The DJI

Phantom 3 Professional UAS Will Benefit The Economy.

In addition to being safe and efficient, the DJI Phantom 3 Professional UAS is also an economical 

alternative to using manned aircraft to conduct similar aerial operations. Operating the DJI Phantom 3 

Professional UAS will allow United States-based businesses to remain competitive and contribute to 

the growth of the U.S. economy. Domestic businesses must adopt new and alternative technology in

order to remain competitive. For example, consider the rising cost of aviation fuel and the 

Environmental Protection Agency (EPA) regulatory actions (phasing out leaded aviation fuels). 

Operating the battery powered DJI Phantom 3 Professional UAS fosters business growth across 

multiple industries that may have otherwise been inhibited by previously limited technology and/or 

exorbitant operating costs. The DJI Phantom 3 Professional UAS 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. Companies such as J. PETROCELLI 

CONTRACTING, while operating the DJI Phantom 3 Professional UAS, can remain competitive and 

profitable, providing job growth and greater job stability to employees and contractors. More 

opportunities presented by technologies such as the DJI Phantom 3 Professional UAS ultimately 

contribute to the growth of the United States economy. Improved financial performance of U.S. 

companies, through commercial use of the DJI 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.

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 J. PETROCELLI CONTRACTING Seeks Exemption.

1. Reasons Why The DJI Phantom 3 Professional UAS Meets 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 DJI

Phantom 3 Professional UAS and its operation, J. PETROCELLI CONTRACTING’s operation of the 

DJI Phantom 3 Professional UAS meets the conditions of FMRA Section 333 and does 

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—
16

(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, J. PETROCELLI CONTRACTING submits that the DJI Phantom 3

Professional UAS can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: 

(a) the characteristics of the DJI Phantom 3 Professional UAS; (b) the pilot certification requirement; 

and (c) the specific operating limitations.

a. The Specifications Of The DJI Phantom 3 Professional UAS Demonstrate Its 

Safe Characteristics.

The DJI Phantom 3 Professional 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 The DJI Phantom 3 Professional UAS.

The technical specifications of the DJI Phantom 3 Professional UAS is set forth by the DJI Phantom 3 

Professional UAS User Manual, attached hereto as Appendix A.

ii. The DJI Phantom 3 Professional UAS Autonomous Flight And Navigation 

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

The DJI Phantom 3 Professional UAS may be operated in both manual and fully autonomous flight 

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

UAS is provided on pages 11, 26, and the Appendix (Intelligent Flight Mode) of the DJI Phantom 3 

User Manual, attached hereto as Appendix A.

iii. The DJI Phantom 3 Professional is Designed For Automatic Return To 

Home Point In The Event Of Loss Of The Control Link Or Navigation.

When the Control Link is lost, the DJI Phantom 3 Professional will remain stationary, in flight, for 3 

seconds or more. If, after 3 seconds, the DJI Phantom 3 Professional UAS does not re-establish control 

link data from the GCS, the UAS will assume that the Control Link is lost and the UAV will return to 

the home position via “Failsafe RTH” (Return-to-Home mode) via GPS-established Home Point, and 

will descend to the takeoff position and shutdown.

A complete description of the Failsafe Functions of the DJI Phantom 3 UAS is set forth on
17

page 14 of the DJI Phantom 3 Professional User Manual, attached hereto as Appendix A.

iv. The DJI Phantom 3 Professional GCS And Its Operation.

A complete description of the operation and specifications of the DJI Phantom 3 Professional

Remote Controller (or GCS) is provided on pages 23 through 29 of the DJI Phantom 3 Professional 

User Manual. The DJI Phantom 3 Professional Manual is attached hereto as Appendix A.

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

Sight Of A Certificated Pilot in Command With A Visual Observer.

J. PETROCELLI CONTRACTING will designate an FAA certificated pilot in command (PIC) to 

operate the DJI Phantom 3 Professional UAS. Additionally, all operations will utilize a visual observer

(VO) during flight operating time.

c. Flights Of DJI Phantom 3 Professional UAS Will Be Conducted Pursuant To Specific 

Operating Limitations.

In seeking this exemption, J. PETROCELLI CONTRACTING proposes to commercially operate the

DJI Phantom 3 Professional UAS for the special purpose of conducting aerial videography and 

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

limitations:

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

Professional UAS when weighing less than 55 pounds maximum gross weight. 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 videography and photography.

3. The UAV may not be flown at an indicated airspeed exceeding 87 knots (100 mph).

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

(AGL). All altitudes reported to ATC must be in feet AGL.

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

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

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

license. 

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

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

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

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

not permitted during flight operations. The PIC must be designated before the flight and 

cannot transfer his or her designation for the duration of the flight. The PIC must also 

ensure that the VO can perform the duties required of the VO. 
18

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

accordance with the conditions and limitations stated in this grant of exemption, are 

hereinafter referred to as the operating documents. The operating documents must be 

accessible during UAS operations and made available to the Administrator upon request. If 

a discrepancy exists between the conditions and limitations in this exemption and the 

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

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

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

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

and revised documents to the Administrator or any law enforcement official upon request. 

The operator must also present updated and revised documents if it petitions for extension 

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

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

operator must petition for an amendment to its grant of exemption. The FAA’s UAS 

Integration Office (AFS-80) may be contacted if questions arise regarding updates or 

revisions to the operating documents. 

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation or 

flight characteristics, e.g. replacement of a flight critical component, must undergo a 

functional flight test prior to conducting further operations under this exemption. Functional 

test flights may only be conducted by a PIC with a VO and must remain at least 500 feet 

from other people. The functional test flight must be conducted in such a manner so as to 

not pose an undue hazard to persons or property. 

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

condition for safe operation. 

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

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

discrepancies, e.g. inoperable components, items, or equipment. If the inspection reveals a 

condition that affects the safe operation of the UAS, the aircraft is prohibited from 

operating until the necessary maintenance has been performed and the UAS is found to be 

in a condition for safe flight. 

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

inspection, and life limit requirements for the aircraft and aircraft components. 

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

bulletins. 

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

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

airman medical certificate or a valid U.S. driver’s license issued by a state, the District of 

Columbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must 

also meet the flight review requirements specified in 14 CFR § 61.56 in an aircraft in which 

the PIC is rated on his or her pilot certificate.
19

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

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

exemption, including evasive and emergency maneuvers and maintaining appropriate distances 

from persons, vessels, vehicles and structures. PIC qualification flight hours and currency must 

be logged in a manner consistent with 14 CFR § 61.51(b). Flights for the purposes of training 

the operator’s PICs and VOs (training, proficiency, and experience-building) and determining 

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

operated under this exemption are permitted under the terms of this exemption. However, 

training operations may only be conducted during dedicated training sessions. During training, 

proficiency, and experience-building flights, all persons not essential for flight operations are 

considered nonparticipants in accordance with 14 CFR § 91.119. 

15. 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). Flights under 

special visual flight rules (SVFR) are not authorized. 

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

on a current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the 

center of the airport symbol as denoted on the current FAA-published aeronautical chart, unless 

a letter of agreement with that airport’s management is obtained or otherwise permitted by a 

COA issued to the exemption holder. The letter of agreement with the airport management must 

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

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

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

18. If the UA loses communications or loses its GPS signal, the UAV must return to a predetermined location within the private or controlled-access property. 

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

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

conditions) there is enough power for the UAV to conduct the intended operation and to operate 

after that for at least five minutes or within the reserve power recommended by the 

manufacturer if greater. 

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

shall be conducted in accordance with an ATO-issued COA. The exemption holder may apply 

for a new or amended COA if it intends to conduct operations that cannot be conducted under 

the terms of the attached COA. 

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

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

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

23. Documents used by the operator to ensure the safe operation and flight of the UAS and any 

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

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

made available to the Administrator or any law enforcement official upon request. 
20

24. The UAV must remain clear and give way to all manned aviation operations and activities at all

times. 

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

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

persons, vessels, vehicles, and structures unless: 

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

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

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

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

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

nonparticipating persons; and, 

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

for operating closer to those objects and the PIC has made a safety assessment of 

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

an undue hazard. 

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

nonparticipating persons under this exemption. 

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

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

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

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

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

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

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

www.ntsb.gov. 

If this exemption permits closed-set motion picture and television filming and production, the 

following additional conditions and limitations apply.

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

documented in this grant of exemption. 

30. At least 3 days before aerial filming, the operator of the UAS affected by this exemption must 

submit a written Plan of Activities to the local Flight Standards District Office (FSDO) with 

jurisdiction over the area of proposed filming. The 3-day notification may be waived with the 

concurrence of the FSDO. The plan of activities must include at least the following: 

a. Dates and times for all flights; 

b. Name and phone number of the operator for the UAS aerial filming conducted under this 
21

grant of exemption;

c. Name & phone number of the person responsible for the on-scene operation of theUAS; 

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

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

f. A statement that the operator has obtained permission from property owners and/or local 

officials to conduct the filming production event; the list of those who gave permission 

must be made available to the inspector upon request; 

g. Signature of exemption holder or representative; and 

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

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

accomplish the operation. 

31. Flight operation may be conducted closer than 500 feet from participating persons consenting to 

be involved and necessary for the filming production, as specified in the exemption holder’s 

MPTOM.

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

J. PETROCELLI CONTRACTING Seeks Exemption: 

J. PETROCELLI CONTRACTING. seeks exemption from the requirements of 14 C.F.R. Sections 

61.23(a) and (c), 61.101(e)(4) and (e)(5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 91.121, 

91.151(a), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (a)(2), And 91.417(a) and (b). 

A Brief Description Of The Nature Of The Exemption J. PETROCELLI CONTRACTING

Seeks: 

This exemption will permit J. PETROCELLI CONTRACTING to commercially operate an 

Unmanned Aircraft System (UAS) for the purpose of conducting videography and photography

within the National Airspace System (NAS). 

G. Any Additional Information To Support J. PETROCELLI CONTRACTING’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, J. PETROCELLI CONTRACTING’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, J. PETROCELLI CONTRACTING will operate the DJI Phantom 3 Professional

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. 
22

CONCLUSION

As set forth herein, J. PETROCELLI CONTRACTING. 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 Professional UAS commercially, without an airworthiness certificate, for 

the limited purpose of conducting aerial videography and photography within the National Airspace System 

(NAS). 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 J. PETROCELLI CONTRACTING to safely, efficiently, and economically operate the DJI 

Phantom 3 Professional UAS commercially within the NAS. 

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

Reform Act of 2012, Section 333, J. PETROCELLI CONTRACTING respectfully requests that the 

Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections 61.23(a) and

(c), 61.101(e)(4) and (e)(5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 91.121, 91.151(a), 91.405(a), 

91.407(a)(1), 91.409(a)(1) and (a)(2), and 91.417(a) and (b), and permit J. PETROCELLI 

CONTRACTING to operate the DJI 3Professional UAS commercially for the purpose of conducting 

aerial videography and photography within the NAS.

Dated: 1 October 2015 Respectfully submitted,

LR2 Aviation Technical Consultants, Inc.

/s/ Lawrence Lopez

_____________________________

Lawrence Lopez

11 Resiak Court

Holbrook, New York 11741

Tel: (631) 838-0828

Larlop68@gmail.com

Consultant for Petitioner
23

Appendix

A - DJI Phantom 3 Professional Manual 

(See electronic copy: http://download.djiinnovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual_v1.4_en_0915.pdf