U.S. Department of Transportation (DOT)

1200 New Jersey Avenue, SE., Room W12-140 

West Building Ground Floor 

Washington, DC 20590-0001

PETITION FOR EXEMPTION

Brian J. Lieberman

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF TITLE 14 OF THE CODE OF 

FEDERAL REGULATIONS SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 

91.407(a)(1), 91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL 

OPERATION OF DJI PHANTOM 3 PROFESSIONAL AND DJI PHANTOM FC-40 UNMANNED 

AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM 

ACT OF 2012 (PUBLIC LAW 112-95)

Submitted on July 12th, 2015

Brian J. Lieberman

4250 79th Street

Vero Beach, FL 32967

Mobile: (772) 321-5726 

SUMMARY

Brian J. Lieberman 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 Brian J. Lieberman to operate an 

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

photography of Real Property, and landscapes over certain areas of the United States. Search & 

Rescue efforts and Disaster Survey as I have an extensive background as law enforcement 

officer in the State of Florida where I recently retired (March, 2015) as a Police Captain.
BACKGROUND

Unmanned Aircraft Systems: The DJI Phantom 3

Brian J. Lieberman seeks an exemption to operate one of 2 different DJI UAS systems for 

marketing or for compensation or hire within the NAS. The DJI Phantom 3 Professional and DJI 

Phantom FC-40 are vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground 

Control Station (GCS) utilizing electronic tablet or smart phone systems. The DJI Phantom 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 speed of 

approximately 29 knots. The DJI Phantom FC-40 has a maximum gross weight of 6 pounds 7.5 

ounces, a length of 17.3 inches, width of 17.7 inches, height of 11.8 inches, and a maximum 

speed of approximately 42 knots. The DJI Phantom 3 Professional and DJI Phantom FC-40 UAs 

are equipped with four main rotors; driven by Lithium Polymer battery powered electric 

motors.

BASIS FOR PETITION

Petitioner, Brian J. Lieberman, 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, and DJI Phantom FC-40 UASs in the 

National Airspace System (NAS), and for an exemption from the 6 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, Brian J. Lieberman’s operation of DJI Phantom 3 

Professional and DJI Phantom FC-40 UASs 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, Brian J. Lieberman 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.

Brian J. Lieberman submits that the requested relief is proper since an equivalent level of safety 

will be ensured. Brian J. Lieberman will use experienced personnel or technicians to perform 

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

techniques, and practices prescribed in the operating documents (DJI Phantom 3 Professional 

and DJI Phantom FC-40 Instruction Manuals). Furthermore, Brian J. Lieberman will document
and maintain all maintenance records for the DJI Phantom 3 Professional and DJI Phantom FC40 UASs.

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

and limitations: Pilot in command, is requested by Brian J. Lieberman 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 

and DJI Phantom FC-40 UASs in a manner consistent with this exemption, including evasive and 

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

and structures.

Brian J. Lieberman seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, 

because the DJI Phantom 3 Professional and DJI Phantom FC-40 UASs do not require an 

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

Lieberman submits that he will ensure that the DJI Phantom 3 Professional and DJI Phantom FC40 UASs are in an airworthy condition, prior to every flight, by determining that the UASs are in 

compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 

Professional and DJI Phantom FC-40 Instruction Manual), and that the aircraft are in a condition 

for safe flight.

Brian J. Lieberman also seeks an exemption from the requirements of Section 91.121, entitled 

Altimeter Settings, as the DJI Phantom 3 Professional and DJI Phantom FC-40UAs will not have a 

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

Professional and DJI Phantom FC-40 UAs will be provided to the PIC via Global Positioning 

System (GPS) equipment and radio communications telemetry data link, which downlinks from 

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

with Brian J. Lieberman’s operation of the DJI Phantom 3 and DJI Phantom FC-40 UASs within 

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

91.121.

Additionally, Brian J. Lieberman seeks an exemption from the requirements of Section 

91.151(b), entitled Fuel requirements for flight in VFR conditions. Brian J. Lieberman submits 

that safety will not be affected by operation of the DJI Phantom 3 Professional and DJI Phantom 

FC-40UAs during daylight hours in visual meteorological conditions (VMC) under visual flight 8 

rules (VFR), with enough battery power to fly for a total duration of approximately 15 minutes 

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

at least 5 minutes.
In accordance with 14 C.F.R. § 11.81, Brian J. Lieberman 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:

Brian J. Lieberman

4250 79th Street

Vero Beach, FL 32967

(772) 321-5726

Email: Lebo@SellingTheSaltLife.com

B. The Specific Sections of 14 C.F.R. From which Brian J. Lieberman Seeks Exemption.

1. Brian J. Lieberman 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. Brian J. Lieberman Seeks Exemption From The Requirements Of Section 91.7(a). Section 91.7, 

entitled Civil aircraft airworthiness, subsection (a), states the following: 9(a) No person may 

operate a civil aircraft unless it is in an airworthy condition.

3. Brian J. Lieberman 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.

4. Brian J. Lieberman 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. Brian J. Lieberman Seeks Exemption From The Requirement Of Section 91.405(a). 

Section 91.405, entitled Maintenance required, subsection (a), states the following: Each owner 

or operator of an aircraft—

(a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall 

between required inspections, except as provided in paragraph (c) of this section, have 

discrepancies repaired as prescribed in part 43 of this chapter[.]

6. Brian J. Lieberman Seeks Exemption From The Requirements Of Section 91.407(a)(1) 

Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, or 

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

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

maintenance, rebuilding, or alteration unless--

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

43.7 of this chapter [.] 

7. Brian J. Lieberman Seeks Exemption From The Requirements Of Sections 91.409(a)(1) and 

91.409(a)(2). Section 91.409, entitled Inspections, subsection (a), states the following:
(a) Except as provided in paragraph (c) of this section, no person may operate an aircraft 

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

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

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

or

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

with part 21 of this chapter.

8. Brian J. Lieberman Seeks Exemption From The Requirements Of Sections 91.417(a) And 

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

following:

(a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered 

owner or operator shall keep the following records for the periods specified in 

paragraph (b) of this section:

(1) Records of the maintenance, preventive maintenance, and alteration and 

records of the 100-hour, annual, progressive, and other required or approved 

inspections, as appropriate, for each aircraft (including the airframe) and each 

engine, propeller, rotor, and appliance of an aircraft. The records must include—

(i) A description (or reference to data acceptable to the Administrator) of 

the work performed; and

(ii) The date of completion of the work performed; and

(iii) The signature, and certificate number of the person approving the 

aircraft for return to service.

(2) Records containing the following information:

(i) The total time in service of the airframe, each engine, each propeller, 

and each rotor.

(ii) The current status of life-limited parts of each airframe, engine, 

propeller, rotor, and appliance.

(iii) The time since last overhaul of all items installed on the aircraft which 

are required to be overhauled on a specified time basis.
(iv) The current inspection status of the aircraft, including the time since 

the last inspection required by the inspection program under which the 

aircraft and its appliances are maintained.

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

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

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

involves recurring action, the time and date when the next action is 

required.

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

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

propellers, and appliances.

(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 Brian J. Lieberman Seeks And The Reason Brian J. Lieberman Seeks The 

Relief.

1. Extent Of Relief Brian J. Lieberman Seeks And The Reason Brian J. Lieberman Seeks Relief 

From Section 61.113(a) And (b).

Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations: Pilot in 

command, is requested to the extent necessary to allow a PIC holding a private pilot or higher 

level certificate, as well as a current and valid airman medical certificate, and who has met 

certain flight-hour and currency requirements, to conduct the proposed UAS flight operations 

for compensation or hire.

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

private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any 

business or employment if: (1) The flight is only incidental to that business or employment; and 
(2) The aircraft does not carry passengers or property for compensation or hire. As set forth 

more fully below, Brian J. Lieberman submits that an equivalent level of safety will be 

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

DJI Phantom FC-40 UAS unless that PIC has met certain flight-hour and currency requirements, 

demonstrating that the PIC is able to safely operate either the

DJI Phantom 3 Professional or DJI Phantom FC-40 UAS in a manner consistent with the 

operations specifications as described in this exemption, including evasive and emergency 

maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and 

structures.

Further, Brian J. Lieberman submits that all flights of the DJI Phantom 3 Professional and DJI 

Phantom FC-40 UASs, conducted by the PIC pursuant to the grant of this Petition: (1) will be 

incidental to Brian J. Lieberman’s business; and (2) will not carry passengers or property for 

compensation or hire.

2. Extent Of Relief Brian J. Lieberman Seeks And The Reason Brian J. Lieberman 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 Brian J. Lieberman to determine that the DJI Phantom 3 Professional and DJI 

Phantom FC-40 UASs are in airworthy condition prior to every flight by ensuring that the UAS is 

in compliance with the operating documents (i.e., the Aerial Operations Manual, Monthly 

Maintenance Log, and DJI Phantom 3 and DJI Phantom FC-40 Instruction Manual).

Brian J. Lieberman seeks the requested relief because the DJI Phantom 3 Professional and DJI 

Phantom FC-40 UASs do not require an airworthiness certificate in accordance with 14 C.F.R. 

Part 21, Subpart H. Therefore, Brian J. Lieberman will ensure that the DJI Phantom 3 

Professional and DJI Phantom FC-40 UASs are in airworthy condition based upon its compliance 

with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Professional 

and DJI Phantom FC-40 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 Brian J. Lieberman Seeks And The Reason Brian J. Lieberman 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 and DJI Phantom FC-40 UASs, which utilize a 

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

downlink altitude information from the UA to the PIC at the ground control station (GCS). Since 

the FAA requires that any altitude information concerning UAS operations be reported to air 
traffic control (ATC) in feet above ground level (AGL), Brian J. Lieberman seeks the requested 

relief because the DJI Phantom 3 Professional and DJI Phantom FC-40 UA’s altimeter may be set 

on the ground to zero feet AGL, rather than the local barometric pressure or field altitude, 

before each flight.

Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is sought 

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

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

Phantom 3 Professional and DJI Phantom FC-40 UAs are equipped with a barometric pressure 

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

will be established prior to each flight, and provides the PIC with altitude information of the UA 

on the heads-up display of the GCS. 

4. Extent Of Relief Brian J. Lieberman Seeks And The Reason Brian J. Lieberman 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 and DJI Phantom FC-40 UAs during daylight hours in visual meteorological 

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

point of intended landing and, assuming normal cruising speed, to fly after that for at least 5 

minutes. Brian J. Lieberman seeks the requested relief because without an exemption from 

Section 91.151(b), the flight time duration of the battery powered DJI Phantom 3 and DJI 

Phantom FC-40 UAs will severely constrain the practicality of any aerial video or still photo 

flight operations that Brian J. Lieberman proposes to conduct pursuant to this Petition.

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

and DJI Phantom Fc-40 UASs, the DJI Phantom 3 Professional and DJI Phantom FC-40 operating 

documents, and Brian J. Lieberman’s proposed operating limitations, ensure that Brian J. 

Lieberman will safely operate the battery powered DJI Phantom 3 and DJI Phantom FC-40 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 15 minutes to the first point of 

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

5. Extent Of Relief Brian J. Lieberman Seeks And The Reason Brian J. Lieberman 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, Brian J. Lieberman requests relief from these Sections 

because the DJI Phantom 3 Professional and DJI Phantom FC-40 UASs do not require 

airworthiness certificates. As set forth more fully below, the DJI Phantom 3 Professional and DJI 
Phantom FC-40 UASs meet the conditions of FMRA Section 333 for operation without an 

airworthiness certificate. Accordingly, Brian J. Lieberman will use trained technicians to perform 

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

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

Maintenance Log, and DJI Phantom 3 Professional and DJI Phantom FC-40 Instruction Manuals). 

Furthermore, Brian J. Lieberman will document and maintain all maintenance records for the 

DJI Phantom 3 Professional and DJI Phantom FC-40 UASs.

D. The Reasons Why Granting Brian J. Lieberman’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 Brian J. Lieberman to 

safely, efficiently, and economically perform aerial video and photography of Real Estate, 

Vacant Land, and Subdivisions over certain areas of the United States. In addition, Search and 

Rescue deployment as well as Disaster Survey.

Additionally, use of the DJI Phantom 3 Professional and DJI Phantom FC-40 UASs will decrease 

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

Notably, the benefits of Brian J. Lieberman’s proposed operation of the DJI Phantom 3 

Professional and DJI Phantom FC-40 UASs will be realized without implicating any privacy 

issues.

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

The DJI Phantom 3 Professional and DJI Phantom FC-40 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 or DJI Phantom FC40 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. 

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

and DJI Phantom FC-40 UASs.

Conducting aerial acquisitions with the DJI Phantom 3 Professional and DJI Phantom FC-40 

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

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

with traditional manned aircraft flight operations. Aside from the lack of flight crew members 

located onboard the aircraft, the DJI Phantom 3 Professional and DJI Phantom FC-40 UAs 

(weighing approximately 2 pounds 11 ounces and 6 pounds 7.5 ounces respectively, at their 

maximum gross weights with lengths of 16 inches and 17.3 inches respectively, with widths of 
16 inches and 17.7 inches respectively, 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 4,450 

pounds with a wingspan of approximately 37 feet, a length of 42 feet, and a fuel capacity of 110 

gallons, (Specifications of a Bell Jet Ranger 206)).

3. Performing Aerial Video and Photography Operations With The DJI Phantom 3 Professional 

and DJI Phantom FC-40 UASs Will Benefit The Economy.

In addition to being safe and efficient, the DJI Phantom 3 Professional and DJI Phantom FC-40 

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

operations. As such, operation of the DJI Phantom 3 Professional and DJI Phantom FC-40 UASs 

will allow United States citizens, like Brian J. Lieberman, to remain competitive and contribute 

to growth of the U.S. economy. Specifically, with the housing sector, operating the battery 

powered DJI Phantom 3 Professional and DJI Phantom FC-40 UASs is one such technology that 

not only allows citizens such as Brian J. Lieberman to remain competitive and profitable, and 

therefore, provide greater exposure and marketing of said real property, which will ultimately 

contribute to growth of the U.S. economy housing sector.

4. There Are No Privacy Issues.

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

decades, Brian J. Lieberman’s proposed operation of the DJI Phantom 3 Professional and DJI 

Phantom FC-40 UASs will not implicate any privacy issues. Specifically, the DJI Phantom 3 

Professional and DJI Phantom FC-40 UASs will be operated only in compliance with operating 

documents (i.e., DJI Phantom 3 Professional and DJI Phantom FC-40 Instruction Manual) which 

requires property owner involvement 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 Brian J. Lieberman Seeks Exemption.

1. Reasons Why The DJI Phantom 3 Professional and DJI Phantom FC-40 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, Brian J. Lieberman’s operation of the DJI Phantom 3 

Professional and DJI Phantom FC-40 UASs meet the conditions of FMRA Section 333, and will 

not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.
Section 333 provides authority for a UAS to operate without airworthiness certification and sets 

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

the public, or otherwise pose a threat to national security. Specifically, FMRA Section 333 states 

the following, in part: 

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

than 180 days after the date of enactment of this Act, the Secretary of Transportation 

shall determine if certain unmanned aircraft systems may operate safely in the national 

airspace system before completion of the plan and rulemaking required by section 332 

of this Act or the guidance required by section 334 of this Act.

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

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

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

weight, speed, operational capability, proximity to airports and populated areas, 

and operation within visual line of sight do not create a hazard to users of the 

national airspace system or the public or pose a threat to national security; and

(2) Whether a certificate of waiver, certificate of authorization, or airworthiness 

certification under section 44704 of title 49, United States Code, is required for 

the operation of unmanned aircraft systems identified under paragraph (1).

(c) Requirements for Safe Operation.--If the Secretary determines under this section that 

certain unmanned aircraft systems may operate safely in the national airspace system, the 

Secretary shall establish requirements for the safe operation of such aircraft systems in the 

national airspace system.

In seeking this exemption, Brian J. Lieberman submits that the DJI Phantom 3 Professional and 

DJI Phantom FC-40 UASs can operate safely in the NAS pursuant to FMRA Section 333, as 

demonstrated by: 

(a) the characteristics of the DJI Phantom 3 Professional and DJI Phantom FC-40 UASs; 

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

a. The Specifications Of The DJI Phantom 3 Professional and DJI Phantom FC40UASs Demonstrate Its Safe Characteristics.

The DJI Phantom 3 Professional and DJI Phantom FC-40 UASs do not create a 

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

security considering its size, weight, speed, and operational capability.
i. Technical Specifications Of The DJI Phantom 3 Professional and DJI Phantom 

FC-40 UASs.

The technical specifications of the DJI Phantom 3 Professional and DJI Phantom 

FC-40UASs are set forth by the DJI Phantom 3 and DJI Phantom FC40Specifications and Data Sheet, attached hereto and within Attachments A and 

B.

ii. The DJI Phantom 3 Professional and DJI Phantom FC-40 UASs Autonomous 

Flight And Navigation Modes Enable The UASs To Remain Within A Defined 

Operational Area. The DJI Phantom 3 Professional and DJI Phantom FC-40 UASs 

may be operated in both manual and fully autonomous flight modes. A complete 

description of the flight and navigational modes of the DJI Phantom 3 

Professional and DJI Phantom FC-40 UASs is provided in the DJI Phantom 3 

Professional and the DJI Phantom FC-40 User Manuals, attached hereto and 

within Attachments A and B.

iii. The DJI Phantom 3 Professional and DJI Phantom FC-40 UASs Are Designed 

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

Control Link Or Navigation. When the Control Link is lost, the DJI Phantom 3 

Professional and DJI Phantom FC-40 UAs will remain stationary, in flight, for 3

seconds or more. If, after 3 seconds, the DJI Phantom 3 Professional and DJI 

Phantom FC-40 UAs do not reacquire control link data from the GCS, the UAs will 

assume that the Control Link is lost and the UAs will return to the home position 

(i.e., failsafe mode) via GPS, and will descend to the takeoff position and 

shutdown. A complete description of the Failsafe Functions of the DJI Phantom 3 

Professional UAS and the DJI Phantom FC-40 User Manuals respectively, 

attached hereto and within Attachements A and B.

iv. The DJI Phantom 3 Professional and DJI Phantom FC-40Safety Zones. A recent 

firmware update provides Safety Zones whereby restrictions are self-imposed by 

the software in the UAS. The restricted areas are divided into Category A, and 

Category B. Category A is around larger airports like LAX and Heathrow. Within 

1.5 miles of this zone, the UA will not take off. Between 1.5 miles and 5 miles, 

the maximum altitude is 35 feet. If flying within 320 feet this safety zone, a 

warning message will appear on the DJI Vision app. Category B safety zone is 

around smaller airports. Within .6 miles of this zone, the UA will not take off. If 

flying within .6 miles this safety zone, a warning message will appear on the DJI 

Vision app., A complete description of the “Flight Restriction of Restricted Areas” 

of the DJI Phantom 3 Professional and DJI Phantom FC-40GCS and flight control 
software is provided the DJI Phantom 3 Professional User Manual and the DJI 

Phantom FC-40User Manuals respectively. The DJI Phantom 3 Professional and 

DJI Phantom FC-40User Manuals are attached hereto and within Attachments A 

and B.

b. Flight Operations Of DJI Phantom 3 Professional and DJI Phantom FC-40 UASs Are 

Limited To The Line Of Sight Of A Certificated Pilot in Command With A Safety Observer. 

Brian J. Lieberman will only utilize certificated pilots who possess a current and valid 

airman medical certificate to act as a pilot in command (PIC) of the DJI Phantom 3 

Professional and DJI Phantom FC-40 UASs. Additionally, a safety observer will assist all 

pilots during flight time. c. Flights Of DJI Phantom 3 and DJI Phantom FC-40 UASs Will Be 

Conducted Pursuant To Specific Operating Limitations.

In seeking this exemption, Brian J. Lieberman proposes to commercially operate DJI Phantom 3 

Professional and DJI Phantom FC-40 UASs for the special purpose of conducting aerial video and 

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

limitations:

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

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

gross weight: DJI Phantom 3 Professional and DJI Phantom FC-40 Unmanned Aircraft Systems. 

Proposed operations of any other aircraft will require a new petition or a petition to amend this 

grant.

2. UAS operations under this exemption will be limited to conducting operations for the 

purpose of aerial video and photography.

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

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

as indicated by the procedures specified in the operating documents unless a special request is 

made and approved by ATC. All altitudes reported to ATC must be in 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.

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

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

requirement as long as the PIC always maintains VLOS capability. The SO and PIC must be able 
to communicate verbally at all times. Electronic messaging or texting is not permitted during 

flight operations. The PIC must be designated before the flight and cannot transfer his or her 

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

functions prescribed in the operating documents.

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

other air traffic and other ground based obstacles/obstructions and is not permitted to operate 

the camera or other instruments.

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

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

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

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

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

follow the procedures as outlined in its operating documents. The operator may update or 

revise its operating documents. It is the operator’s responsibility to track such revisions and 

present updated and revised documents to the Administrator upon request. The operator must 

also present updated and revised documents if it petitions for extension or amendment to the 

grant of exemption. If the operator determines that any update or revision would affect the 

basis upon which the FAA granted the exemption, then the operator must petition for 

amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS-80) may be 

contacted if questions arise regarding updates or revisions to the operating documents.

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

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

aircraft is prohibited from operating until the necessary maintenance has been performed and 

the UAS is found to be in a condition for safe flight. The Ground Control Station must be 

included in the preflight inspection. All maintenance and alterations must be properly 

documented in the aircraft records.

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

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

test flight. The PIC who conducts the functional test flight must make an entry in the aircraft 

records.

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

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

documents.

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

overhaul, replacement, inspection, and life limit requirements.
14. The operator must carry out its maintenance, inspections, and record keeping 

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

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

records, including total time in service, description of work accomplished, and the signature of 

the authorized person returning the UAS to service.

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

Bulletins.

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

taken against discrepancies discovered between inspections.

17. The PIC must possess at least a private pilot certificate and at least a current third- class 

medical certificate or valid 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 UA with appropriate distance from nonparticipants in accordance with 14 C.F.R. § 

91.119.

19. UAS operations may not be conducted during night, as defined in 14 C.F.R. § 1.1. All 

operations must be conducted under visual meteorological conditions (VMC). If flight at night is 

required, a special request will be made at the FAA office closest to proposed area of 

operations. Flights under special visual flight rules (SVFR) are not authorized.

20. The UA may not operate within 5 nautical miles of an airport reference point as denoted on 

a current FAA-published aeronautical chart unless a letter of agreement with that airport’s 

management is obtained, and the operation is conducted in accordance with a NOTAM as 

required by the operator’s COA. The letter of agreement with the airport management must be 

made available to the Administrator upon request.

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

from a cloud or when visibility is less than 3 statute miles from the PIC.
22. If the UA loses communications or loses its GPS signal, it must return to a 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 UA with 25% battery power remaining.

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

Authorization (COA) prior to conducting any operations under the grant of exemption. This COA 

will also require the operator to request a Notice to Airman (NOTAM) not more than 72 hours 

in advance, but not less than 48 hours prior to the operation. All operations shall be conducted 

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

altitude level and potential transponder requirements.

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

registered in accordance with 14 C.F.R. part 47, and have identification (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 UA must comply with the Federal Communications Commission (FCC) or other 

appropriate government oversight agency requirements.

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

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

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

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

activities at all times. 

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

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

(persons

other than the PIC, SO, operator trainees or essential persons), vessels, vehicles, and structures 

unless:

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

from the UA and/or debris in the event of an accident. The operator must ensure that 
nonparticipating persons remain under such protection. If a situation arises where 

nonparticipating persons leave such protection and are within 500 feet of the UA, flight 

operations must cease immediately and/or;

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

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

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

determined that it does not present an undue hazard, and;

c. Operations nearer to the PIC, SO, operator trainees or essential persons do not 

present an undue hazard to those persons per § 91.119(a).

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

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

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

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

boundaries of the operational area as defined by the applicable COA must be reported to the 

FAA's UAS Integration Office (AFS-80) within 24 hours. Accidents must be reported to the 

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

www.ntsb.gov.

2. Reasons Why An Exemption From The Requirements Of Section 61.113(a) And (b) Would 

Not Adversely Affect Safety.

Brian J. Lieberman submits that the equivalent level of safety established by Section 61.113(a) 

and (b) will be maintained because no PIC will be allowed to operate the DJI Phantom 3 

Professional and DJI Phantom FC-40 UASs 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 or DJI Phantom FC-40 UAS in a manner consistent with the exemption, 

including evasive and emergency maneuvers and maintaining appropriate distances from 

people, vessels, vehicles and structures.

Considering Brian J. Lieberman’s proposed area of operations, and the operating limitations set 

forth above; the parallel nature of private pilot aeronautical knowledge requirements to those 

of commercial pilot requirements (See Exemption No. 11062); and the airmanship skills 

necessary to safely operate the DJI Phantom 3 Professional or DJI Phantom FC-40 UAS, Brian J. 

Lieberman submits that the additional manned airmanship experience of a commercially 

certificated pilot would not correlate to the airmanship skills necessary for Brian J. Lieberman’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).

Brian J. Lieberman will not allow any PIC to operate the DJI Phantom 3 Professional or DJI 

Phantom FC-40 UAS unless that PIC has demonstrated, by meeting minimum flight-hour 

requirements or the DJI Phantom 3 Professional or DJI Phantom FC-40 UAS training and 

currency requirements, that the PIC is able to safely operate the DJI Phantom 3 or DJI Phantom 

FC-40 UAS in a manner consistent with this exemption, including evasive and emergency 

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

structures.

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

61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5 hours of those 

hours as a UAS pilot operating the same make and model of UAS to be used for operations

under the exemption). In addition to the hour requirements, the PIC must accomplish 3 

takeoffs and landings in the preceding 90 days (for currency purposes). 

As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that was 

obtained in compliance with applicable regulations will ensure an equivalent level of safety 

during Brian J. Lieberman’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 experiencebuilding flights can also be conducted under the grant of exemption to accomplish the required 

flight time. During training, proficiency, and experience-building flights the PIC is required to 

operate the UA with appropriate distances in accordance with 14 C.F.R 91.119. 

Exemption No. 11138 at page 15. 

Accordingly, Brian J. Lieberman will ensure safe operations by not allowing any PIC to operate 

the DJI Phantom 3 Professional or DJI Phantom FC-40 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 or DJI Phantom FC-40 UAS in a manner consistent with the 

exemption, including evasive and emergency maneuvers and maintaining appropriate distances 

from people, vessels, vehicles and structures.

3. Reasons Why An Exemption From The Requirements Of Section 91.7(a) Would Not 

Adversely Affect Safety.

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

every flight, Brian J. Lieberman will ensure that the DJI Phantom 3 Professional or DJI Phantom 

FC-40 UAS is in an airworthy condition based upon the UAS’s compliance with its operating 

documents and as stated in the conditions and limitations herein. Additionally, the FAA has 

previously granted relief from Section 91.7(a) specific to UAS, in circumstances similar, in all 

material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 

11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 

11159, 11160, 11161).

4. Reasons Why an Exemption From The Requirements Of Section 91.121 Would Not 

Adversely Affect Safety. 

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

altitude information of the DJI Phantom 3 Professional and DJI Phantom FC-40 UAs will be 

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

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

altitude information, combined with Brian J. Lieberman’s operation of the DJI Phantom 3 

Professional and DJI Phantom FC-40 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. Prior to each flight, a zero altitude 

initiation point is automatically established by the UASs at ground level. The FAA has previously 

granted relief from Section 91.121 specific to UAS, in circumstances similar, in all material 

respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 
11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 

11161).

5. Reasons Why an Exemption From The Requirements Of Section 91.151(b) Would Not 

Adversely Affect Safety.

A grant of this exemption would ensure an equivalent level of safety established by 14 C.F.R. 

Section 91.151(b) as a result of (1) the technical specifications of the DJI Phantom 3 

Professional and Phantom FC-40 UASs; (2) the limitations on the proposed flight operations; 

and (3) the location of the proposed flight operations. Accordingly, Brian J. Lieberman will 

ensure that it will safely operate the battery powered DJI Phantom 3 Professional and DJI 

Phantom FC-40 UAs during daylight hours in VFR conditions, with enough battery power to fly 

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

cruising speed, to fly after that for at least 5 minutes.

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

and DJI Phantom FC-40 UASs; the limitations on the proposed flight operations; and the 

location of the proposed operations, will ensure an equivalent level of safety established by 14 

C.F.R. Section 91.151(b). Furthermore, safety will be ensured as the DJI Phantom 3 Professional 

and DJI Phantom FC-40 UASs provide audible and visual warnings to the PIC at the GCS when 

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

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

critically low battery level, the DJI Phantom 3 Professional and DJI Phantom FC-40 UASs will 

descend and land automatically.

Significantly, previous exemptions granted by the FAA concerning Section 91.151 establish that 

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

the UAS are considered. Relief has been granted for manned aircraft to operate at less than the 

minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. 

Moreover, the FAA has previously granted relief from Section 91.151 specific to UAS, in 

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

8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 

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

6. Reasons Why An Exemption From The Requirements Of Sections 91.405(a), 91.407(a)(1), 

91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would Not Adversely Affect Safety.

In seeking this exemption, Brian J. Lieberman 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 Brian J. 

Lieberman will use trained technicians to perform maintenance, alterations, or preventive 
maintenance on the UASs using the methods, techniques, and practices prescribed in the 

operating documents (i.e., the Aerial Operations Manual, Monthly Maintenance Log, and DJI 

Phantom 3 Professional and DJI Phantom FC-40 Instruction Manual). Furthermore, Brian J. 

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

Professional and DJI Phantom FC-40 UASs. 

Since the DJI Phantom 3 Professional and DJI Phantom FC-40UASs will be inspected as 

prescribed by the operating documents, Brian J. Lieberman 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 and DJI Phantom FC-40 User Manuals are attached hereto and within 

Attachments A and B. Likewise, the exemption sought will not adversely affect safety because

Brian J. Lieberman 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 and DJI Phantom FC-40 UASs will be performed 

by trained technicians. Maintenance will be documented and maintained utilizing the monthly 

maintenance log.

Significantly, previous exemptions granted by the FAA concerning Sections 91.405(a), 

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not adversely 

affected when the technical characteristics and operating limitations of the UAS are considered. 

In consideration of Brian J. Lieberman’s proposed operating limitations, the operating 

documents, and the technical aspects of the DJI Phantom 3 Professional and DJI Phantom FC-40 

UASs, Brian J. Lieberman submits that safety will not be adversely affected by granting 

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

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

similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 

11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 

11157, 11158, 11159, 11160, 11161).

7. The FAA May Prescribe Any Other Conditions For Safe Operation.

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

14 C.F.R. § 21.16 entitled Special Conditions, Brian J. Lieberman requests that the FAA prescribe 

special conditions for the intended operation of the DJI Phantom 3 Professional and DJI 

Phantom FC-40 UASs, which contain such safety standards that the Administrator finds 

necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, 

Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 

91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions will permit safe operation of 
the UAs for the limited purpose of conducting aerial video and photography over certain areas 

of the United States for compensation or hire. FMRA Section 333 sets forth the requirements 

for considering whether a UAS will create a hazard to users of the NAS or the public, or 

otherwise pose a threat to national security; and further, provides the 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 and DJI Phantom FC-40UASs, since the airworthiness regulations of 14 C.F.R. Part 

21 do not contain adequate or appropriate safety standards, due to the novel or unusual design 

features of the aircraft. Section 21.16, entitled Special Conditions, states the following:

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

or appropriate safety standards for an aircraft, aircraft engine, or propeller because of a novel 

or unusual design feature of the aircraft, aircraft engine or propeller, he prescribes special 

conditions and amendments thereto for the product. The special conditions are issued in 

accordance with Part 11 of this chapter and contain such safety standards for the aircraft, 

aircraft engine or propeller as the FAA finds necessary to establish a level of safety equivalent 

to that established in the regulations. See 14 C.F.R. § 21.16. Therefore, in accordance with 

FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special conditions for Brian J. 

Lieberman’s intended operation of the DJI Phantom 3 Professional and DJI Phantom FC-40 

UASs, which contain such safety standards that the Administrator finds necessary to establish a 

level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R 

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

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

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

Brian J. Lieberman Seeks Exemption:

Brian J. Lieberman 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 Brian J. Lieberman Seeks:

This exemption will permit Brian J. Lieberman to commercially operate an Unmanned 

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

certain areas of the United States. Perform Search & Rescue, and disaster surveys.

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

Lieberman’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, Brian J. Lieberman’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, Brian J. Lieberman will operate the DJI Phantom 3 Professional and 

DJI Phantom FC-40 UASs safely in the NAS, without creating a hazard to users of the NAS, or the 

public, or otherwise pose a threat to national security.

CONCLUSION

As set forth herein, Brian J. Lieberman 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 and DJI Phantom FC-40 UASs commercially, 

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

photography over certain areas of the United States. By granting this Petition, the FAA 

Administrator will be fulfilling the Congressional mandate of the FAA Modernization and 

Reform Act of 2012, while also advancing the interests of the public, by allowing Brian J. 

Lieberman to safely, efficiently, and economically operate the DJI Phantom 3 and DJI Phantom 

FC-40 UASs commercially within the NAS.

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

and Reform Act of 2012, Section 333, Brian J. Lieberman 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 Brian J. Lieberman to operate the DJI Phantom 3 Professional and 

DJI Phantom FC-40 UASs commercially for the purpose of conducting aerial video and 

photography over certain areas of the United States. 

Respectfully submitted,

Brian J. Lieberman

4250 79th Street

Vero Beach, FL 32967

Mobile: (772) 321-5726

Email: Lebo@SellingTheSaltLife.com
Attachments:

A-DJI Phantom 3 Professional Manufacturer’s Operation Manual and Specifications Data Sheet

B–DJI Phantom FC-40 Manufacturer’s Operation and User Manual and Specifications Data Sheet