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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: 

WAUKEE AERIAL IMAGING

 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 THE DJI PHANTOM 3 UNMANNED 

AIRCRAFT SYSTEM PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION 

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

SUBMITTED ON NOVEMBER 12, 2015 

 

CAMERON A. STOTZ

1625 SNYDER STREET

WAUKEE, IA 50263

(760) 575-4226
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TABLE OF CONTENTS

Page 

GLOSSARY OFABBREVIATIONS. 3 ...................................................................................

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

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

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

BASIS FOR PETITION. 5 ........................................................................................................

NAME AND ADDRESS OF PETITIONER 7 .............................................................

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH WAUKEE AERIAL 

IMAGING SEEKS EXEMPTION. 8 ............................................................................

THE EXTENT OF RELIEF WAUKEE AERIAL IMAGING SEEKS ANDTHE

REASON WAUKEE AERIAL IMAGING SEEKS THERELIEF.............. 11 .........

THE REASONS WHY GRANTING WAUKEE AERIAL IMAGING’S REQUEST 

WOULD BE IN THE PUBLIC INTEREST ......... 15 ................................................

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT 

ADVERSELY AFFECT SAFETY 19 ...........................................................................

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERALREGISTER. 34 ......

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE 

TO SUPPORT WAUKEE AERIAL IMAGING’SREQUEST... 34 ............................

CONCLUSION ......................................................................................................................35 

APPENDICES........................................................................................37 
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GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level 

AOI Area of Interest 

ATC Air Traffic Control

ATO Air Traffic Organization 

AV Aerial Vehicle

CFR Code of Federal Regulations 

COA Certificate of Authorization 

FAA Federal Aviation Administration

FAR Federal Aviation Regulation 

GCS Ground Control Station 

GPS Global Positioning System 

LOL Loss of Link

NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot In Command 

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

SO Safety Observer 

SOP Standard OperatingProcedures 

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site 

VMC Visual Meteorological Conditions 

VTOL Vertical Takeoff and Landing 
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SUMMARY

Waukee Aerial Imaging seeks exemption from the requirements of 14 C.F.R §§ 

61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), 

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

the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit 

Waukee Aerial Imaging to operate an Unmanned Aircraft System (UAS) for the 

commercial purpose of conducting aerial video and photography of construction sites, real

estate, and landscape over certain areas of the United States. 

INTRODUCTION AND INTERESTS OF THE PETITIONER

Waukee Aerial Imaging provides its clients with expertise and knowledge in 

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

Waukee Aerial Imaging is experienced in all aspects of aerial video and photography. The 

objective of Waukee Aerial Imaging’s aerial video and photography operations isto 

provide low cost, high quality imaging for a variety of commercial and residential 

customers. 

BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 3 Professional

Waukee Aerial Imaging seeks an exemption to operate DJI systemsfor

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

takeoff and landing (VTOL) Unmanned Aircraft (UA) with a GroundControl Station 

(GCS) utilizing electronic tablet or smart phone systems. The DJI Phantom 3 Professional 

has a maximum gross weight of approximately 2 pounds 11 ounces, while having a length 

of 16 inches width of 16 inches, height of 8 inches, and a maximum speedof 
6

approximately 30 knots. The DJI Phantom 3 Professional UAS are equipped with four

main rotors; driven by Lithium Polymer battery powered electric motors. 

The DJI Phantom 3 Professional UAS that will be operatedby Waukee Aerial 

Imaging will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft, 

as well as 14 C.F.R Part 47, Aircraft Registration, and markedin accordance with 14 

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

BASIS FOR PETITION

Petitioner, Waukee Aerial Imaging, 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 fromthe requirements of 14

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

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

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

with the unmanned aircraft and its operation, Waukee Aerial Imaging’s operation of DJI 

Phantom 3 Professional UAS meets the conditions of FMRA Section333 and therefore,

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

H. 
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Accordingly, Waukee Aerial Imaging 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. 

Waukee Aerial Imaging submits that the requested relief is proper since an 

equivalent level of safety will be ensured. Waukee Aerial Imaging will useexperienced

personnel or technicians to perform maintenance, alterations, or preventive maintenance on

the UAS using the methods, techniques, and practices prescribed in the operating 

documents (i.e., the Waukee Aerial Imaging Aerial Operations Manual, Monthly

Maintenance Log, and DJI Phantom 3 Professional Instruction Manual). 

Furthermore, Waukee Aerial Imaging will document and maintain all maintenance records 

for the DJI Phantom 3 Professional UAS. 

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

privileges and limitations: Pilot in command, is requested by Waukee Aerial Imaging to 

the extent necessary to allow a Pilot in Command (PIC) holding a private pilot or higher

level certificate, as well as an airman medical certificate, and who has demonstrated, by 

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

operate the DJI Phantom 3 Professional UAS in a manner consistentwith this exemption, 

including evasive and emergency maneuvers and maintainingappropriate distances from

people, vessels, vehicles and structures. 

Waukee Aerial Imaging seeks relief from Section 91.7(a), entitled Civilaircraft 

airworthiness, because the DJI Phantom 3 Professional UAS do notrequire an

airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, Waukee 

Aerial Imaging submits that it will ensure that the DJI Phantom 3 Professional UAS is in an

airworthy condition, prior to every flight, by determining that the UAS is in compliance 
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with the operating documents (i.e., the Waukee Aerial Imaging Aerial Operations Manual, 

Monthly Maintenance Log, and DJI Phantom 3 Professional Instruction Manual), and that 

the aircraft is in a condition for safe flight. 

Waukee Aerial Imaging also seeks an exemption from the requirements of Section 

91.121, entitled Altimeter Settings, as the DJI Phantom 3 Professional UAS will not have a 

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

Professional UAS will be provided to the PIC via Global Positioning System (GPS) 

equipment and radio communications telemetry data link, which downlinks from the UAS 

to the GCS for active monitoring of the flight path. This altitude information, combined 

with Waukee Aerial Imaging’s operation of the DJI Phantom 3 Professional UAS within 

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

Section91.121. 

Additionally, Waukee Aerial Imaging seeks an exemption from the requirements 

of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions. Waukee 

Aerial Imaging submits that safety will not be affected by operation of the DJI Phantom3 

Professional 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 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. 
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In accordance with 14 C.F.R. § 11.81, Waukee Aerial Imaging provides the 

following information in support of its petition for exemption: 

A. Name And Address Of The Petitioner

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

Cameron A. Stotz

Waukee Aerial Imaging 

1625 Snyder Street Waukee, IA 50263

Tel: (760) 575-4226

Email: cameron@stotz.us

B. The Specific Sections Of 14 C.F.R. From Which Waukee Aerial Imaging seeks 

Exemption

1. Waukee Aerial Imaging 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. Waukee Aerial Imaging seeks Exemption From The Requirements Of 

Section 91.7(a).

Section 91.7, entitled Civil aircraft airworthiness, subsection (a), statesthe

following: 

(a) No person may operate a civil aircraft unless it is in an airworthy condition. 
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3. Waukee Aerial Imaging 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 isset, 

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 anappropriate

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 availablebefore

departure. 

4. Waukee Aerial Imaging seeks Exemption From The Requirements Of 

Section 91.151(b).

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

(b), states the following: 

(b) No person may begin a flight in a rotorcraft under VFR conditions unless

(considering wind and forecast weather conditions) there is enough fuel to fly 

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

fly after that for at least 20 minutes.

5. Waukee Aerial Imaging 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[.] 
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6. Waukee Aerial Imaging seeks Exemption From The RequirementsOf 

Section 91.407(a)(1)

Section 91.407, entitled Operation after maintenance, preventive maintenance,

rebuilding, or alteration, subsection (a)(1), states thefollowing: 

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

maintenance, rebuilding, or alteration unless-- 

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

43.7 of this chapter[.] 

7. Waukee Aerial Imaging 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 andhas

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. Waukee Aerial Imaging 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-- 

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(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 whichthe

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 foreach

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 beretained 

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

(3) A list of defects furnished to a registered owner or operator under § 43.11 of 

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

approved for return to service. 

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C.The Extent Of Relief Waukee Aerial Imaging seeks And The Reason Waukee 

Aerial Imaging seeks The Relief.

1. Extent Of Relief Waukee Aerial Imaging seeks And The ReasonWaukee 

Aerial Imaging 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 conductthe 

proposed UAS flight operations for compensation or hire. 

This relief is requested since the limitations set forth in Section 61.113(a) and (b)

state that a private pilot may, for compensation or hire, act as PIC of an aircraft in 

connection with any business or employment if: (1) The flight is only incidental tothat 

business or employment; and (2) The aircraft does not carry passengers or property for 

compensation or hire. 

As set forth more fully below, Waukee Aerial Imaging 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 certainflight-hour and currency 

requirements, demonstrating that the PIC is able to safely operate either the DJI Phantom 3 

Professional UAS in a manner consistent with theoperations specifications as described in

this exemption, including evasive and emergency maneuvers, as well as maintaining 

appropriate distances from people, vessels, vehicles and structures. 

Further, Waukee Aerial Imaging submits that all flights of the DJI Phantom 3 

Professional UAS, conducted by the PIC pursuant to the grant ofthis Petition: (1) will be

incidental to Waukee Aerial Imaging’s business; and (2) will not carry passengers or 

property for compensation or hire.

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2. Extent Of Relief Waukee Aerial Imaging seeks And The ReasonWaukee 

Aerial Imaging 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 Waukee Aerial Imaging to determine that the DJI Phantom3 

Professional UAS are in airworthy condition prior to every flight by ensuring that the UAS

is in compliance with the operating documents (i.e., the Waukee Aerial Imaging 

Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Professional 

Instruction Manual). 

Waukee Aerial Imaging 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, Waukee Aerial Imaging will ensure that the DJI 

Phantom 3 Professional UAS is in airworthy condition based uponits compliance with the 

operating documents (i.e., the Waukee Aerial Imaging Operations Manual, Monthly

Maintenance Log, and DJI Phantom 3 Professional 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 Waukee Aerial Imaging Seeks And The ReasonWaukee 

Aerial Imaging 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, which utilizes a barometric 

pressure sensor, GPS equipment, and a radio communications telemetry data link to 

downlink altitude information from the UAS to the PIC at the ground control station 

(GCS). Since the FAA requires that any altitude information concerning UAS operations 

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be reported to air traffic control (ATC) in feet above ground level (AGL), Waukee Aerial 

Imaging seeks the requested relief because the DJI Phantom 3 Professional UAS altimeter 

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

field altitude, before each flight. 

Considering the limited altitude of the proposed operations, relief from 14 CFR 

91.121 is sought to the extent necessary to comply with the applicable conditions and 

limitations stated below. As more fully set forth herein, an equivalent level of safety will 

be maintained since the DJI Phantom 3 Professional UAS is equipped with a barometric

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

pressure setting will be established prior to each flight, and provides the PIC with altitude 

information of the UAS on the display of theGCS. 

4. Extent Of Relief Waukee Aerial Imaging Seeks And The ReasonWaukee 

Aerial Imaging Seeks Relief From Section 91.151(b).

Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR

conditions, is requested to the extent required to allow flights of the battery powered DJI 

Phantom 3 Professional UAS during daylight hours in visual meteorological conditions 

(VMC), under visual flight rules (VFR), 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. Waukee Aerial Imaging seeks the requested relief because withoutan 

exemption from Section 91.151(b), the flight time duration of the battery powered DJI 

Phantom 3 Professional UAS will severely constrain the practicality of any aerial video or 

still photo flight operations that Waukee Aerial Imaging proposes to conduct pursuant to 

this Petition. 

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

Professional UAS, the DJI Phantom 3 Professional operating documents, and Waukee 

Aerial Imaging’s proposed operating limitations, ensure that Waukee Aerial Imaging will 

safely operate the battery powered DJI Phantom 3 Professional 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 Waukee Aerial Imaging Seeks And The ReasonWaukee 

Aerial Imaging Seeks Relief From Sections 91.405(a), 91.407(a)(1), 

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

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

only apply to aircraft with an airworthiness certificate, Waukee Aerial Imaging requests

relief from these Sections because the DJI Phantom 3 Professional UAS does not require 

airworthiness certificates. As set forth more fully below, the DJI Phantom 3 Professional 

UAS meets the conditions of FMRA Section 333 for operation without an airworthiness

certificate. Accordingly, Waukee Aerial Imaging will use trained technicians to perform 

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

techniques, and practices prescribed in the UAS operatingdocuments (i.e., the Waukee 

Aerial Imaging Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 

Professional Instruction Manual).Furthermore, Waukee Aerial Imaging will document and

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

D.The Reasons Why Granting Waukee Aerial Imaging’s Request Would Be In The 

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

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Granting the present Petition will further the public interest by allowing Waukee 

Aerial Imaging to safely, efficiently, and economically perform aerial video and

photography of construction sites, 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 Waukee Aerial Imaging’s proposed operation of theDJI 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 are battery powered and serve as a safe, 

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

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

acquisitions, an exemption allowing the use of a DJI Phantom 3 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 theNAS,

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 UASs.

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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 traditional aerial video and still photography flight 

operations. By using battery power and electric motors, the DJI Phantom 3 Professional 

UAS produces no air pollution, and is themost viable environmentally conscious 

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

typically utilized for aerial video andphotography, while burning approximately 20-30 

gallons per hour of leaded aviation fuel. The DJI Phantom 3 Professional UAS, while 

reducing the carbon footprint ofaerial acquisitions, also eliminates noise pollution, as the 

UAS are propelled by battery powered electric motors, rather than an internal combustion

engine. 

By using the DJI Phantom 3 Professional UAS 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 memberslocated onboard the 

aircraft, the DJI Phantom 3 Professional UAS (weighing approximately 2 pounds 11 

ounces, at the maximum gross weight 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 afuel capacity of 180 gallons). 

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3. Performing Aerial Video and Photography Operations With The DJI

Phantom 3 Professional UASs 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. As 

such, operation of the DJI Phantom 3 Professional UAS will allow United States based 

companies, like Waukee Aerial Imaging, to remain competitive and contribute to growth 

of the U.S. economy. Specifically, with the rising cost of aviation fuel and the 

Environmental Protection Agency (“EPA”) regulatory actions phasing out leaded aviation 

fuels, U.S. owned and operated companies must adopt new and alternative technology in 

order to remain competitive. Operating the battery powered DJI Phantom 3 Professional 

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 3 Professional UAS, companiessuch as Waukee 

Aerial Imaging, can remain competitive and profitable, and therefore, provide greater job 

stability to employees and contractors, which will ultimately contribute to growth of the 

U.S. economy. Improved financial performance of U.S. companies, through commercial 

use of the DJI Phantom 3 Professional UAS, provides astable workforce that increases 

consumer spending; improves local, state, and federal tax revenues; and allows companies 

to invest in research and development in order toremain competitive both in the United 

States andabroad. 

4. There Are No Privacy Issues.

Similar to the manned aerial acquisition flight operations that have been conducted for

decades, Waukee Aerial Imaging’s proposed operation of the DJI Phantom 3 Professional

UAS will not implicate any privacy issues. Specifically, the DJI Phantom 3 Professional 

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UAS will be operated only in compliance with operating documents (i.e., the Waukee 

Aerial Imaging Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 

Professional InstructionManual) 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 Waukee Aerial Imaging Seeks Exemption.

1. Reasons Why The DJI Phantom 3 Professional 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, Waukee Aerial Imaging’s operation ofthe 

DJI Phantom 3 Professional UAS meets the conditions of FMRA Section 333, and will not 

require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. 

Section 333 provides authority for a UAS to operate without airworthiness 

certification and sets forth requirements for considering whether a UAS will create a 

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

Specifically, FMRA Section 333 states the following, in part: 

(a) In General.--Notwithstanding any other requirement of this subtitle, and not 

later than 180 days after the date of enactment of this Act, the Secretaryof

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.

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(b) Assessment of Unmanned Aircraft Systems.--In making the determinationunder 

subsection (a), the Secretary shall determine, at a minimum--

(1) which types of unmanned aircraft systems, if any, as a result of their 

size, weight, speed, operational capability, proximity to airports and 

populated areas, and operation within visual line of sight do not create 

a hazard to users of the national airspace system or the public or pose a 

threat to national security; and

(2) ) whether a certificate of waiver, certificate of authorization, or 

airworthiness certification under section 44704 of title 49, United States 

Code, is required for the operation of unmanned aircraft systems 

identified under paragraph (1).

(c) Requirements for Safe Operation.--If the Secretary determines underthis 

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, Waukee Aerial Imaging submits that the DJI Phantom3 

Professional UAS can operate safely in the NAS pursuant to FMRASection 333, as 

demonstrated by: (a) the characteristics of the DJI Phantom 3 Professional UASs; (b) the 

pilot certification requirement; and (c) the specific operating limitations. 

a. The Specifications Of The DJI Phantom 3 Professional UASs 

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 

UASs.

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

the DJI Phantom 3 Professional Specifications and Data Sheet, attached hereto as Exhibit 

A. 

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21

ii. The DJI Phantom 3 Professional UASsAutonomous Flight And 

Navigation Modes Enable The UASs 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 flightand navigational modes of 

the DJI Phantom 3 Professional UAS is provided at pages 25-35 of the DJI Phantom 3 

Professional User Manual, attached hereto as Exhibit B. 

iii. The DJI Phantom 3 Professional UAS Is Designed For Automatic 

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

Control Link Or Navigation.

When the Control Link is lost, the DJI Phantom 3 Professional UAS will remain

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

Professional UAS does 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 of the DJI Phantom 3 

Professional UAS are set forth at pages 27 through 29 of the User Manual, attached

hereto as Exhibit B.

iv. The DJI Phantom 3 Professional GCS AndIts Operation.

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

Professional GCS and flight control software is provided at pages 32 through 43 of the DJI 

Phantom 3 Professional User Manual. DJI Phantom 3 Professional User Manuals are

attached hereto as Exhibits B.

b. Flight Operations Of DJI Phantom 3 Professional UASs Are Limited 

To The Line Of Sight Of A Certificated Pilot in Command With A 

Safety Observer.

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Waukee Aerial Imaging will only utilize certificated pilots who possess a current 

and valid airman medical certificate or a valid U.S. driver’s license issued by a state to act 

as a pilot in command (PIC) of the DJI Phantom 3 Professional UAS. Additionally, a safety 

observer will assist all pilots during flight time. 

c. Flights Of DJI Phantom 3 Professional UASs Will Be Conducted 

Pursuant To Specific Operating Limitations.

In seeking this exemption, Waukee Aerial Imaging proposes to commercially 

operate DJI Phantom 3 Professional UAS for the special purposeof conducting aerial 

video and photography over certain areas of United States, pursuant to the following 

specific operating limitations: 

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

aircraft described in the operating documents, rotorcraft UAS weighingless than 

55 pounds maximum gross weight: DJI Phantom 3 Professional 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 UAS must be operated at an altitude of no more than 400 feet above

ground level (AGL), as indicated by the procedures specified in the operating 

documents unless a special request is made and approved by ATC. All altitudes 

reported to ATC must be in feet AGL. 

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

times. This requires the PIC to be able to use human vision unaided by any 

device other than corrective lenses, as specified on the PIC’s FAA-issued airman 

medical certificate. 

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6. The use of first person view (FPV) by the PIC or safety observer (SO) isnot 

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 forthe 

duration of the flight. The PIC must ensure that the SO can perform the 

functions prescribed in the operatingdocuments. 

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 operatordetermines

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. 

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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 recordkeeping

requirements, in accordance with the operating documents.Maintenance,

inspection, alterations, and status of replacement/overhaul component parts 

must be noted in the aircraft records, including total time in service, description 

of work accomplished, and the signature of the authorized person returning the 

UAS to service. 

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

Safety Bulletins. 

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

corrective action taken against discrepancies discovered between inspections. 

17. The 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. 

18. The operator may not permit any PIC to operate unless the PIC meets the 

operator’s qualification criteria and demonstrates the ability to safely operate

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

exemption, including evasive and emergency maneuvers and maintaining

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

qualification flight hours must be logged in a manner consistent with 14 C.F.R. 

§ 61.51(b). Flights for the purposes of training the operator’s PICs are

permitted under the terms of the exemption. However, training operations may 

only be conducted during dedicated training sessions. During training,

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

operations are considered nonparticipants, and the PIC must operate the UAS 

with appropriate distance from nonparticipants in accordance with 14 C.F.R. § 

91.119. 

19. UAS operations may not be conducted during night, as defined in 14 C.F.R. § 

19.1.All operations must be conducted under visual meteorological conditions 

(VMC). If flight at night is required, a special request will be made at the FAA 

office closest to proposed area of operations. Flights under special visual flight 

rules (SVFR) are not authorized. 

20. The UAS may not operate within 5 nautical miles of an airport reference point

as denoted on a current FAA-published aeronautical chart unless a letter of

agreement with that airport’s management is obtained, and the operation is 

conducted in accordance with a NOTAM as required by the operator’s COA. 

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

the Administrator upon request. 

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25

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

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

PIC. 

22. If the UAS loses communications or loses its GPS signal, it must return to a

pre-determined location within the planned operating area and land or be

recovered in accordance with the operating documents. 

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

emergencies in accordance with the operating documents. 

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

forecast weather conditions) there is enough power to fly at normal cruising 

speed to the intended landing point and land the UAS with 25% battery

power remaining. 

25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate 

of Waiver or Authorization (COA) prior to conducting any operations under the

grant of exemption. This COA will also require the operator to request a Notice 

to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 

hours prior to the operation. All operations shall be conducted in accordance

with airspace requirements in the ATO issued COA including class of airspace,

altitude level and potential transponder requirements. 

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

serial number, registered in accordance with 14 C.F.R. part 47, andhave

identification (N- Number) markings in accordance with 14 C.F.R. part 45, 

Subpart C. Markings must be as large as practicable. 

27. Before conducting operations, the radio frequency spectrum used for operation 

and control of the UAS must comply with the Federal Communications 

Commission (FCC) or other appropriate government oversight agency 

requirements. 

28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be 

available to the PIC at the Ground Control Station of the UAS any time the

UAS is operating. These documents must be made available to the 

Administrator or any law enforcement official upon request. 

29. The UAS must remain clear and yield the right of way to all manned 

aviation operations and activities at all times. 

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

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

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

vessels, vehicles, and structures unless: 

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a. Barriers or structures are present that sufficiently protect nonparticipating 

persons from the UAS 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 UAS, flight operations must 

cease immediately and/or; 

b. The aircraft is operated near vessels, vehicles or structures where the

owner/controller of such vessels, vehicles or structures has granted 

permission and the PIC has made a safety assessment of the risk of

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

an undue hazard, and; 

c. Operations nearer to the PIC, SO, operator trainees or essential persons

do not present an undue hazard to those persons per §91.119(a). 

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

with permission from the land owner/controller or authorized representative. 

Permission from land owner/controller or authorized representative will be

obtained for each flight to be conducted. 

33. Any incident, accident, or flight operation that transgresses the lateral or 

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

must be reported to the FAA's UAS Integration Office (AFS-80) within24 

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.

Waukee Aerial Imaging submits that the equivalent level of safety establishedby 

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

DJI Phantom 3 Professional 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 3 Professional UAS in a manner consistent with the exemption, including evasive 

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

vehicles and structures. 

Considering Waukee Aerial Imaging’s proposed area of operations, and the 

operating limitations set forth-above; the parallel nature of private pilot aeronautical 

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27

knowledge requirements to those of commercial pilot requirements (See Exemption No. 

11062); and the airmanship skills necessary to safely operate the DJI Phantom 3 

Professional UAS, Waukee Aerial Imaging submits that the additionalmanned airmanship 

experience of a commercially certificated pilot would not correlate to the airmanship 

skills necessary for Waukee Aerial Imaging’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). 

Waukee Aerial Imaging will not allow any PIC to operate the DJI Phantom3 

Professional UAS unless that PIC has demonstrated, by meeting minimum flight-hour 

requirements or the DJI Phantom 3 Professional UAS trainingand currency requirements, 

that the PIC is able to safely operate the DJI Phantom 3 ProfessionalUAS in a manner 

consistent with this exemption, including evasive and emergency maneuvers and 

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

Specifically, the PIC must have accumulated and logged, in a manner consistent 

with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a 

minimum of 5 hours of those hours as a UAS pilot operating the same make and model of

UAS to be used for operations under the exemption). In addition to the hour requirements, 

the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency 

purposes). 

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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 Waukee Aerial Imaging’s proposed operations.The 

Administrator has held that prior documented flight experience that was obtained in 

compliance with applicable regulations would ensure safe operations, stating as follows: 

In Exemption No. 11062, the FAA required that prior to conducting operations for 

the purpose of motion picture filming (or similar operations), the PIC must have 

accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of

total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS 

pilot with a multi-rotor UAS. Prior to operations under Exemption No. 11062, the 

PIC must also have accumulated and logged a minimum of 5 hours as a UAS pilot 

operating the same make and model of UAS to be used for operations under the 

exemption. For clarification, the FAA considers these minimum hour requirements

to be inclusive rather than additive; i.e. 5 hours make and model time may be 

included in the 10 hours of multi-rotor time and the 10 hours may be included in 

the total 25 hours of UAS rotorcraft time. In addition to the hour requirements, the

PIC must accomplish 3 takeoffs and landings in the preceding 90 days(for 

currency purposes). The FAA finds that at a minimum, the flight-hour requirements 

in Exemption No. 11062 are appropriate to practice and build proficiency in the 

skills necessary to safely conduct the petitioner’s proposed operations. The FAA 

also finds that prior documented flight experience that was obtained in compliance 

with applicable regulations would satisfy this requirement. Training, proficiency, 

and experience-building flights can also be conducted under the grant of exemption 

to accomplish the required flight time. During training, proficiency, and 

experience-building flights the PIC is required to operate the UAS with appropriate 

distances in accordance with 14 C.F.R 91.119. 

Exemption No. 11138 at page 15. 

Accordingly, Waukee Aerial Imaging will ensure safe operations by not allowing

any PIC to operate the DJI Phantom 3 Professional UAS unless that PIChas demonstrated, 

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

operate the DJI Phantom 3 Professional UAS in amanner consistent with the exemption, 

including evasive and emergency maneuvers and maintaining appropriate distances from

people, vessels, vehicles and structures. 

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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, Waukee Aerial Imaging will ensure that the DJI Phantom 3 

Professional UAS is in an airworthy condition based upon the UAS compliance with its 

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

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

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

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

11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). 

4. Reasons Why An Exemption From The Requirements Of Section 91.121 

Would Not Adversely Affect Safety.

The equivalent level of safety established by Section 91.121 will bemaintained

because the altitude information of the DJI Phantom 3 Professional UASwill be provided 

to the PIC via GPS equipment and a radio communications telemetry data link, which

downlinks from the UAS to the GCS for active monitoring of the flight path and altitude. 

This altitude information, combined with Waukee Aerial Imaging’s operation of the DJI

Phantom 3 Professional UAS within visual line of sight, at or below 500 feet AGL, will 

ensure a level of safety equivalent to Section 91.121. The altitude information will be 

generated by GPS equipment installed onboard the aircraft. Priorto each flight, a zero 

altitude initiation point is automatically established by the UAS at ground level. 

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

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

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

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

5. Reasons Why An Exemption From The Requirements Of Section 91.151(b) 

Would Not Adversely Affect Safety.

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

14 C.F.R. Section 91.151(b) as a result of (1) the technical specifications of theDJI 

Phantom 3 Professional UAS; (2) the limitations on the proposed flight operations; and (3)

the location of the proposed flight operations. Accordingly, Waukee Aerial Imaging will 

ensure that it will safely operate the battery powered DJI Phantom3 Professional UAS 

during daylight hours in VFR conditions, withenough 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. 

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

Professional UAS; the limitations on the proposed flight operations; and the location of the 

proposed operations, will ensure an equivalent level of safety established by 14 C.F.R. 

Section 91.151(b). Furthermore, safety will be ensured as the DJI Phantom3 Professional 

UAS provide audible and visual warnings to the PIC atthe GCS when the UAS 

experiences low battery voltage, the first warning occurring at approximately 33% 

remaining battery power, and again at approximately 10% remaining battery power. At the 

critically low battery level, the DJI Phantom 3 Professional UAS 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 characteristicsand

operating limitations of the UAS are considered. Relief has been granted for manned 

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aircraft to operate at less than the minimums prescribed in Section 91.151, including

Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted relief 

from Section 91.151 specific to UAS, in circumstances similar, in all material respects, to 

those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063, 

11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 

11157, 11158, 11159, 11160,11161). 

6. Reasons Why An Exemption From The Requirements Of Sections 

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would 

Not Adversely Affect Safety.

In seeking this exemption, Waukee Aerial Imaging submits that the equivalent 

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

established by Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) &(b)

will be met because Waukee Aerial Imaging will use trained technicians to perform

maintenance, alterations, or preventive maintenance on the UAS using themethods, 

techniques, and practices prescribed in the operating documents (i.e., theWaukee Aerial 

Imaging Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Professional 

Instruction Manual). Furthermore, Waukee Aerial Imaging will document and maintain all 

maintenance records for the DJI Phantom 3 Professional UAS. 

Since the DJI Phantom 3 Professional UAS will be inspected as prescribed by the 

operating documents, Waukee Aerial Imaging will maintain the equivalent level of safety 

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

Phantom 3 Professional User Manuals ar attached hereto as Exhibit C and D.
32

Likewise, the exemption sought will not adversely affect safety because Waukee 

Aerial Imaging will use trained technicians to perform maintenance, alterations or

preventive maintenance on the UAS using the methods, techniques, and practices 

prescribed by the operating documents. 

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

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

DJI Phantom 3 Professional UAS will be performed by trainedtechnicians. Maintenance 

will be documented and maintained utilizing the monthly maintenancelog. 

Significantly, previous exemptions granted by the FAA concerningSections

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is

not adversely affected when the technical characteristics and operating limitations of the

UAS are considered. 

In consideration of Waukee Aerial Imaging’s proposed operating limitations, the 

operating documents, and the technical aspects of the DJI Phantom 3 Professional UAS, 

Waukee Aerial Imaging submits that safety will not be adversely affected by granting 

exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 

91.417(a) and (b). The FAA has previously granted relief specific to UAS in circumstances 

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

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

11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). 

7. The FAA May Prescribe Any Other Conditions For SafeOperation.

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 

(FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, Waukee Aerial Imaging 

requests that the FAA prescribe special conditions for the intended operation of the DJI 
33

Phantom 3 Professional UAS, which contain such safety standards thatthe Administrator

finds necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 

21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a),

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions will 

permit safe operation of the UAS for the limited purpose of conducting aerial video and 

photography over certain areas of the United Statesfor compensation or hire. FMRA

Section 333 sets forth the requirements for considering whether a UAS will create a hazard

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

further, provides the authority for such UAS to operate without airworthiness certification

in accordance with any requirements that must be established for the safe operation of the 

UAS in the NAS.

Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. 

§ 21.16, for operation of the DJI Phantom 3 Professional UAS, since the airworthiness

regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate safety standards, 

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

Conditions, states thefollowing:

If the FAA finds that the airworthiness regulations of this subchapter do not contain 

adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller

because of a novel or unusual design feature of the aircraft, aircraft engine or 

propeller, he prescribes special conditions and amendments thereto for the product. 

The special conditions are issued in accordance with Part 11 of this chapter and 

contain such safety standards for the aircraft, aircraft engine or propeller as the 

FAA finds necessary to establish a level of safety equivalent to that established in 

the regulations.

See 14 C.F.R. § 21.16. 
34

Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA

may prescribe special conditions for Leading Edge’s intended operation of the DJI 

Phantom 3 Professional UASs, which contain such safety standards thatthe Administrator

finds necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 

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

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

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

From Which Waukee Aerial Imaging Seeks Exemption:

Waukee Aerial Imaging seeks exemption from the requirements of 14 C.F.R Sections

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

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

A Brief Description Of The Nature Of The Exemption Waukee Aerial Imaging 

Seeks:

This exemption will permit Waukee Aerial Imaging to commercially operate an 

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

photography over certain areas of the United States.

G. Any Additional Information, Views, Or Arguments Available ToSupport 

Waukee Aerial Imaging’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, Waukee Aerial Imaging’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. 
35

As discussed in detail above, Waukee Aerial Imaging 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. 

CONCLUSION

As set forth herein, Waukee Aerial Imaging 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 purposeof conducting 

aerial video and photography over certain areas of the United States. By granting this 

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

Modernization and Reform Act of 2012, while also advancing the interests of the public, by 

allowing Waukee Aerial Imaging 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, Waukee Aerial Imaging respectfully 

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

of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 

91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit Waukee Aerial Imaging to operate 

the DJI Phantom 3 Professional UAS commercially for the purpose ofconducting aerial 

video and photography over certain areas of the United States. 
36

Dated: June 22, 2015

 Respectfully submitted, 

 

 Waukee Aerial Imaging

 /s/ Cameron A. Stotz 

Cameron A. Stotz

Waukee Aerial Imaging 

1625 Snyder St.

Waukee, IA 50263

(760) 575-4226

cameron@stotz.us

Appendices: 

A – DJI Phantom 3 Professional Specifications Data

B – DJI Phantom 3 Professional OEM Manual
37

APPENDIX – A 

DJI PHANTOM 3 PROFESSIONAL 

TECHNICALSPECIFICATIONS

Waukee Aerial Imaging only utilizes a safe and reliable UAS. DJI is an industry leaderin 

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) 

1. DJI Phantom 3 Professional 

1.1. Aircraft 

1.1.1. Supported Battery – DJI 5200mAH LiPo Battery 

1.1.2. Weight (Battery & Propellers Included) – 2lbs 11.810oz (1242g) 

1.1.3. Hover Accuracy (Ready to Fly) – Vertical: .8m; Horizontal: 2.5m 

1.1.4. Max Yaw Angular Velocity - 2000/s 

1.1.5. Max Tilt Angel - 350

1.1.6. Max Ascent Speed – 6m/s 

1.1.7. Max Descent Speed – 2m/s 

1.1.8. Max Flight Speed – 15m/s (NOT RECOMMENDED) 

1.2. Gimbal 

1.2.1. Working Current – Static: 750mA; Dynamic: 900mA 

1.2.2. Control Accuracy - ±0.030

1.2.3. Controllable Range – Pitch: -900 - 00

1.2.4. Maximum Angular Speed – Pitch: 900/s 

1.3. Camera 

1.3.1. Operating Temperature Range - 320F - 1040F (00C - 400C) 

1.3.2. Sensor Size – 1/2.3” 

1.3.3. Effective Pixels – 14M 

1.3.4. Resolution – 4384x3288 

5. HD Video Recording – 1080p30 & 720p 

6. Recording Field of View - 1100/850
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4. Transmitter 

4.1. Operating Frequency – 5.728GHz – 5.85GHz 

4.2. Communication Distance (unobstructed) – FCC Compliance: 800m 

4.3. Receiver Sensitivity (1%PER) - -93dBm 

4.4. Transmitter Power – FCC Compliance: 100mW 

4.5. Working Voltage – 120mA@3.7V

4.6. Operating Frequency – 2412-2462MHz

4.7. Communication Distance (unobstructed) – 500-700m

4.8. Transmitter Power – 20dBm

4.9. Power Consumption – 2W
39

APPENDIX – B

DJI PHANTOM 3 PROFESSIONAL 

TECHNICAL SPECIFICATIONS 

http://download.dji-innovations.com/downloads/phantom_3/en/

Phantom_3_Professional_User_Manual_v1.0_en.pdf