USIA VIDEO 333 Exemption Petition 1 of 58

FROM: 

Bob Fagan

USIA Video

7 Millbrook Terrace, New Paltz, New York 12561

Tel: 845 389-5400

Email: usiavideo@gmail.com

TO: 

DOCKET OPERATIONS

ROOM W12-140 OF THE WEST BUILDING GROUND FLOOR

1200 NEW JERSEY AVENUE, SE. WASHINGTON, DC, 20590 

Regulatory Docket No. 

PETITION FOR EXEMPTION OF: 

USIA VIDEO

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS 

OF TITLE 14 OF THE CODE OF FEDERAL REGULATIONS PART 21, 

SUBPART H AND SECTIONS §§ 61.113(a) & (b), 91.109, 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 UNMANNED AIRCRAFT SYSTEMS
 USIA VIDEO 333 Exemption Petition 2 of 58

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012

(PUBLIC LAW 112-95) 

Submitted on September 21, 2015
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TABLE OF CONTENTS 

GLOSSARY OF ABBREVIATIONS...........................................4 

SUMMARY..................................................................................5 

INTRODUCTION AND INTERESTS OF PETITIONER..........6 

BASIS FOR PETITION...............................................................8 

NAME AND ADDRESS OF PETITIONER........................11 

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH USIA Video 

SEEKS EXEMPTION...................................................................12 

THE EXTENT OF RELIEF USIA VIDEO SEEKS AND THE REASON 

USIA VIDEO SEEKS THE RELIEF.............................................18 

THE REASONS WHY GRANTING USIA VIDEO REQUEST

WOULD BE IN THE PUBLIC INTEREST .................................23 

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT 

ADVERSELY AFFECT SAFETY.................................................27 

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL 

REGISTER.....................................................................................45 

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS 

CONCLUSION...............................................................................47
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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 Section 333 

SO Safety Observer

SOP Standard Operating Procedures

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 

USIA Video (Robert Fagan) seeks exemption from the requirements of 14 

C.F.R §§ 61.113(a) & (b), 91.109, 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 

USIA Video to operate an Unmanned Aircraft System (UAS) for the 

commercial purpose of conducting aerial video and photography of college 

buildings, business buildings, residential real estate homes, area landscapes to 

highlight the Hudson Valley and aerial special events.
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INTRODUCTION AND INTERESTS OF THE PETITIONER 

USIA Video is a production company based in New York specializing in 

corporate and educational promotional videography, photography, music 

video production, special event production and training videos. The 

principals of USIA Video have been in the video and photography production 

business for over twenty years; and include Fortune 500 companies and large 

higher learning educational institutions. USIA Video’s objective is to conduct 

aerial photography and videography in order to provide high quality digital 

imaging and video content to its clients, in particular to corporate and 

educational entities utilizing DJI Phantom 3 Professional UAS. More 

specifically, USIA Video aerial video and photography operations will serve 

in the following areas: 

• Aerial photography/videography of college buildings, business buildings, 

residential real estate homes, area landscapes to highlight the Hudson Valley 

and aerial special events.

• Increase public knowledge of UAS and promote safe UAS operations. 

The proposed aerial filming will be conducted over private property with 

controlled access in the NAS and with the knowledge and permit of the 

private property’s owner. 

Unmanned Aircraft Systems: Phantom 3 Professional UAS 

USIA Video seeks an exemption to operate DJI systems DRONES for 

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

vertical takeoff and landing (VTOL) Unmanned Aircrafts (UAS) with a 
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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 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 operated by USIA Video 

(trained professional), 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 marked in accordance with 14 C.F.R. Part 45, Identification and 

Registration Marking. 
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BASIS FOR PETITION 

Petitioner, USIA Video, pursuant to the provisions of the Federal Aviation 

Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act 

of 2012 

(FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems, 

hereby 

petitions the Administrator to commercially operate the DJI Phantom 3 

Professional UAS 

in the National Airspace System (NAS), and for an exemption from the 

requirements of 14 C.F.R §§ 61.113(a) & (b), 91.109, 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, USIA Video 

operation of DJI Phantom 3 Professional UAS meets the conditions of FMRA 

Section 333 and therefore, will not require an airworthiness certificate in 

accordance with 14 C.F.R. Part 21, Subpart H. Accordingly, USIA Video 

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. USIA Video submits that the requested relief is 

proper since an equivalent level of safety will be ensured. USIA Video will 
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use experienced personnel or technicians to perform maintenance, alterations, 

or preventive maintenance on the UAS’s using the methods, techniques, and 

practices prescribed in the operating documents (i.e., Monthly Maintenance 

Log, DJI Phantom 3 Professional Instruction Manual). Furthermore, USIA 

Video 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 USIA 

Video to the extent necessary to allow a Pilot in Command (PIC) holding a 

Supplemental Pilot 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 consistent with this 

exemption, including evasive and emergency maneuvers and maintaining 

appropriate distances from people, vessels, vehicles and structures. 

USIA Video seeks relief from Section 91.7(a), entitled Civil aircraft 

airworthiness, because the DJI Phantom 3 Professional UAS does not require 

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

As such, USIA Video submits that it will ensure that the DJI Phantom 3 

Professional UAS are in an airworthy condition, prior to every flight, by 

determining that the UAS’s are in compliance with the operating documents 

(i.e., Monthly Maintenance Log, DJI Phantom 3 Professional Instruction 

Manual), and that the aircraft are in a condition for safe flight. USIA Video 

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 
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typical barometric altimeter onboard. However, altitude information of the 

DJI Phantom 3 Professional UA 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 USIA Video’s 

operation of the DJI Phantom 3 Professional UAS within visual line of sight, 

at or below 200 feet AGL, will ensure a level of safety equivalent to Section 

91.121. 

Additionally, USIA Video seeks an exemption from the requirements of

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

USIA Video submits that safety will not be affected by operation of the DJI 

Phantom 3 Professional UA 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. 

In accordance with 14 C.F.R. § 11.81, USIA Video provides the following 

information in support of its petition for exemption: 
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A. Name And Address Of The Petitioner. 

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

Robert Fagan

USIA Video

7 Millbrook Terrace, 

New Paltz, New York 12561 

Tel: 845 389 5400 

Email: usiavideo@gmail.com
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B. The Specific Sections Of 14 C.F.R. From Which USIA Video Seeks 

Exemption.

1. USIA Video 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. USIA Video Seeks Exemption From The Requirements Of Section 

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

states the following: 

(a) No person may operate a civil aircraft unless it is in an airworthy 

condition. 
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3. USIA Video 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. USIA Video 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. 
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5. USIA Video 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. USIA Video 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. USIA Video 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 -- 
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(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. USIA Video 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:
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(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. 
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(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 USIA Video Seeks And The Reason USIA Video Seeks 

The Relief. 

1. Extent Of Relief USIA Video Seeks And The Reason USIA Video 

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 Supplemental Pilot 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, USIA Video submits that an equivalent 

level of safety will be maintained because no PIC will be allowed to 

operate the Phantom 3 Professional UA unless that PIC has met 

certain flight-hour and currency requirements, demonstrating that the 

PIC is able to safely operate the DJI Phantom 3 Professional UAS in a 

manner consistent with the operations specifications as described in 

this exemption, including evasive and emergency maneuvers, as well 

as maintaining appropriate distances from people, vessels, vehicles 

and structures. Further, USIA Video submits that all flights of the DJI 

Phantom 3 Professional UAS, conducted by the PIC pursuant to the 
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grant of this Petition: (1) will be incidental to USIA Video business; 

and (2) will not carry passengers or property for compensation or hire. 

USIA Video believes that though UAS are not traditional aircrafts, a 

PIC operating the UA must have knowledge of Airman rules, basic 

Airspace and comply with all the rules proposed by the FAA. However, 

considering the fact that a UA is more of a model recreational 

unmanned aircraft, generally weighing less than a few kilos, the PIC 

may be except from obtaining a Private Pilot Certificate, a Sports 

Certificate, a Recreational Certificate considering these certificates 

require flight hours of several thousand tons weighing aircrafts. The 

operation of UAS by USIA Video is strictly for entertainment / 

informational purposes, thus the operators of the UAS have a career 

and / or freelance employment as a Camera Operator and 

Cinematographer and will be not be entertaining a career as a pilot. 

Lastly, USIA Video PICs will operate the UAS no higher than 200 feet, 

consequently causing no danger to any other aircraft in the NAS. 

However, USIA Video Proposes PIC Certification as a Supplemental 

pilot and a minimum requirement of successfully completed private 

pilot ground school. Additionally, supplemental pilots without a current 

FAA private pilot certificate must have successfully passed the private 

pilot, commercial pilot, or airline transport pilot knowledge test within 

the past 24 calendar months.

2. Extent Of Relief USIA Video Seeks And The Reason USIA Video Seeks 

Relief From Section 91.7(a). 
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Relief from Section 91.7(a) entitled Civil aircraft airworthiness, is 

requested to the extent required to allow USIA Video to determine that the 

Phantom 3 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 USIA Video Aerial Operations Manual, Monthly 

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

Video seeks the requested relief because the Phantom 3 Professional UAS 

does not require an airworthiness certificate in accordance with 14 C.F.R. 

Part 21, Subpart H. Therefore, USIA Video will ensure that the UAS are in 

airworthy condition based upon its compliance with the operating 

documents (i.e., 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 USIA Video Seeks And The Reason UAV Aerial

Video 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 

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), 

USIA Video seeks the requested relief because the Phantom 3 

Professional UA’s altimeter may be set on the ground to zero feet AGL, 
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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 UA on the heads-up display of the 

GCS. 

4. Extent Of Relief USIA Video Seeks And The Reason USIA Video 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. USIA Video seeks the requested relief because without an 

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

powered Phantom 3 UA will severely constrain the practicality of any 

aerial video or still photo flight operations that USIA Video proposes to 

conduct pursuant to this Petition.

Significantly, as set forth below, the technical specifications of the 

Phantom 3 Professional UAS operating documents, and USIA Video 
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proposed operating limitations, ensure that USIA Video 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 USIA Video Seeks And The Reason USIA Video Seeks 

Relief From Section 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, 

USIA Video requests relief from these Sections because the DJI Phantom 

3 Professional UAS do not require airworthiness certificates. As set forth 

more fully below, the DJI Phantom 3 Professional UAS meet the 

conditions of FMRA Section 333 for operation without an airworthiness 

certificate. Accordingly, USIA Video will use trained technicians to 

perform maintenance, alterations, or preventive maintenance on the UAS 

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

operating documents (i.e., the USIA Video Aerial Operations Manual, 

Monthly Maintenance Log, and DJI Phantom 3 Professional Instruction 

Manual). Furthermore, USIA Video will document and maintain all 

maintenance records for the DJI Phantom 3 UAS. 
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D. The Reasons Why Granting USIA Video 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 

USIA Video to safely, efficiently, and economically perform aerial video and 

photography of private buildings and landscapes 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 USIA Video’s proposed operation of 

the DJI Phantom 3 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 UA is 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 the 

NAS, congestion around airports caused by arriving and departing aircraft 

will be reduced. The DJI Phantom 3 Professional UA 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 
 USIA VIDEO 333 Exemption Petition 24 of 58

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 UAS.

Conducting aerial acquisitions with the DJI Phantom 3 Professional UAS, 

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

reducing the levels of air and noise pollution generated during traditional 

aerial video and still photography flight operations. By using battery 

power and electric motors, the DJI Phantom 3 Professional UAS produce 

no air pollution, and is the most viable environmentally conscious 

alternative to the cabin class, six cylinder internal combustion engine 

aircraft that are typically utilized for aerial video and photography, while 

burning approximately 20-30 gallons per hour of leaded aviation fuel. The 

DJI Phantom 3 Professional UA, while reducing the carbon footprint of 

aerial acquisitions, also eliminates noise pollution, as the UAS are 

propelled by battery powered electric motors, rather than an internal 

combustion engine. By using the DJI Phantom 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 members located onboard 

the aircraft, the DJI Phantom 3 UAS (weighing approximately 1280 grams 

(2.8 pounds) and 590mm (21 inches) diagonal length, 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 
 USIA VIDEO 333 Exemption Petition 25 of 58

typically conduct similar operations (weighing approximately 6,000 

pounds with a wingspan of approximately 42 feet, a length of 34 feet, and 

a fuel capacity of 180 gallons). 

3. Performing Aerial Video and Photography Operations With The DJI 

Phantom 3 UAS Will Benefit The Economy.

In addition to being safe and efficient, the DJI Phantom 3 Professional 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 USIA Video, 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 UAS 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, companies such as USIA Video, 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 

a stable workforce that increases consumer spending; improves local, 

state, and federal tax revenues; and allows companies to invest in research 
 USIA VIDEO 333 Exemption Petition 26 of 58

and development in order to remain competitive both in the United States 

and abroad. 

4. There Are No Privacy Issues.

Similar to the manned aerial acquisition flight operations that have been 

conducted for decades, USIA Video proposed operation of the DJI 

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

DJI Phantom 3 Professional UAS will be operated only in compliance 

with operating documents (i.e., the USIA Video Aerial Operations Manual, 

Monthly Maintenance Log, and DJI Phantom 3 Professional Instruction 

Manual) which requires property owner involvement as well as local law 

enforcement notification, and in accordance with the Federal Aviation 

Regulations, including the minimum altitude requirements of 14 C.F.R. § 

91.119. 
 USIA VIDEO 333 Exemption Petition 27 of 58

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 USIA Video 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, USIA Video 

operation of the DJI Phantom 3 Professional UAS 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 rule-making 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 
 USIA VIDEO 333 Exemption Petition 28 of 58

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, USIA Video submits that the DJI Phantom 3 

Professional UAS can operate safely in the NAS pursuant to 

FMRASection333,as demonstrated by: (a) the characteristics of the DJI 

Phantom 3 Professional UAS; 

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

limitations. 

a. The Specifications Of The Phantom 3 Professional UAS Demonstrate 

Its Safe Characteristics.
 USIA VIDEO 333 Exemption Petition 29 of 58

The DJI Phantom 3 Professional UAS does not create a hazard to users of the 

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

its size, weight, speed, and operational capability. 

i. Technical Specifications Of The DJI Phantom 3 Professional UAS.

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

by the Phantom 3 Professional Specifications and Data Sheet, attached 

hereto as Exhibit A. 

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

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

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

autonomous flight modes. A complete description of the flight and 

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

the DJI User Manual, attached hereto as Exhibit B & D

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 UA will remains stationary, in 

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

Professional UA does not reacquire control link data from the GCS, the UA 

will assume that the Control Link is lost and the UA 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 (Phantom 3) Professional User 

Manual, attached hereto as B & D. INSET
 USIA VIDEO 333 Exemption Petition 30 of 58

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

A complete description of the operation and specifications of the DJI 

Phantom 3 GCS and flight control software is provided at pages 32 through 

43 of the (DJI Phantom 3) Professional User Manual. User Manual is 

attached hereto as Exhibit B & D. 

b. Flight Operations Of DJI Phantom 3 Professional UAS Are Limited To 

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

Observer.

USIA Video will only utilize certificated pilots who possess a current and 

valid airman medical certificate to act as a pilot in command (PIC) of the 

Phantom 3 Professional UAS. Additionally, a safety observer will assist all 

pilots during flight time. 

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

To Specific Operating Limitations.

In seeking this exemption, proposes to commercially operate the DJI 

Phantom 3 Professional UAS 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 Unmanned Aircraft System. Proposed operations of any other 

aircraft will require a new petition or a petition to amend this grant. 
 USIA VIDEO 333 Exemption Petition 31 of 58

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

operations for the purpose of aerial video and photography for homeowners, 

Realtors, home builders, contractors, home inspectors for use in real estate 

marketing and real estate inspections. Additionally, aerial video and 

photography may be conducted on occasional basis for film and television 

sets, special events and landscape photography, conducting power line 

inspection, aerial mapping, surveying as deemed necessary. 

3. The UAS may not be flown at an indicated airspeed exceeding 29 knots 

(15 m/s). 

4. The UAS must be operated at an altitude of no more than 200 (500 per the 

User Manual) 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.
 USIA VIDEO 333 Exemption Petition 32 of 58

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. 
 USIA VIDEO 333 Exemption Petition 33 of 58

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. 
 USIA VIDEO 333 Exemption Petition 34 of 58

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 of the 

corrective action taken against discrepancies discovered between inspections. 

17. The PIC must possess at least a Supplemental Pilot certificate and at least 

a current third-class medical certificate. Supplemental pilots must have, at a 

minimum, successfully completed private pilot ground school. Additionally, 

supplemental pilots without a current FAA private pilot certificate must have 

successfully passed the private pilot, commercial pilot, or airline transport 

pilot knowledge test within the past 24 calendar months. 

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. 
 USIA VIDEO 333 Exemption Petition 35 of 58

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 predetermined 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. 
 USIA VIDEO 333 Exemption Petition 36 of 58

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

aviation operations and activities at all times. 
 USIA VIDEO 333 Exemption Petition 37 of 58

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 
 USIA VIDEO 333 Exemption Petition 38 of 58

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.

USIA Video 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 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 USIA Video 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 UAS, USIA Video submits that the additional 

manned airmanship experience of a commercially certificated pilot would not 

correlate to the airmanship skills necessary for USIA Video 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, 
 USIA VIDEO 333 Exemption Petition 39 of 58

11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 

11158, 11159, 11160, 11161). 

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, USIA Video will ensure that the 

Phantom 3 Professional 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 UA 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 USIA Video’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. Prior to 
 USIA VIDEO 333 Exemption Petition 40 of 58

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 by14 C.F.R. Section 91.151(b) as a result of (1) the technical 

specifications of the DJI Phantom 3 Professional UAS; (2) the limitations on 

the proposed flight operations; and (3) the location of the proposed flight 

operations. Accordingly, USIA Video will ensure that it will safely operate 

the battery powered DJI Phantom 3 Professional UA during daylight hours in 

VFR conditions, 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.

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 Phantom 3 Professional UAS 

provide audible and visual warnings to the PIC at the GCS when the UAS 
 USIA VIDEO 333 Exemption Petition 41 of 58

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 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 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, USIA Video 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 USIA Video will use trained 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 USIA Video Aerial Operations Manual, Monthly 
 USIA VIDEO 333 Exemption Petition 42 of 58

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

Furthermore, USIA Video will document and maintain all maintenance 

records for the Phantom 3 Professional UAS.

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

the operating documents, USIA Video 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 UAS Maintenance LOG is attached hereto as 

Exhibit C.

Likewise, the exemption sought will not adversely affect safety because 

USIA Video 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 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 USIA Video proposed operating limitations, the

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

Professional UAS, USIA Video 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 
 USIA VIDEO 333 Exemption Petition 43 of 58

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, USIA 

Video requests that the FAA prescribe special conditions for the intended 

operation of the DJI Phantom 3 Professional UAS, 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. 
 USIA VIDEO 333 Exemption Petition 44 of 58

§ 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 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 USIA Video’s intended operation 

of the DJI Phantom 3 UAS, 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). 
 USIA VIDEO 333 Exemption Petition 45 of 58

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

The Rules From Which USIA Video Seeks Exemption:

USIA Video 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 USIA Video Seeks: 

This exemption will permit USIA Video 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 To 

Support USIA Video 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, USIA 

Video 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, USIA Video 

will operate the DJI Phantom 2 Vision +, Phantom 3 Professional UAS safely 
 USIA VIDEO 333 Exemption Petition 46 of 58

in the NAS, without creating a hazard to users of the NAS, or the public, or 

otherwise pose a threat to national security. 
 USIA VIDEO 333 Exemption Petition 47 of 58

CONCLUSION 

As set forth herein, USIA Video seeks an exemption pursuant to 14 C.F.R. 

§ 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 

(FMRA), which will permit safe operation of the DJI Phantom 3 Professional 

UAS commercially, without an airworthiness certificate, for the limited 

purpose of conducting aerial 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 

UAV USIA Video 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, USIA Video 

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 USIA Video to operate the DJI Phantom 3 

Professional UAS commercially for the purpose of conducting aerial video 

and photography of in order to provide high quality digital imaging and video 

content to its clients, in particular to corporate and educational entities 

utilizing DJI Phantom 3 Professional UAS.

Dated: September 21, 2015 

Respectfully submitted by, Robert Fagan 
 USIA VIDEO 333 Exemption Petition 48 of 58

Robert Fagan, USIA Video

7 Millbrook Terrace, New Paltz, New York 

Tel: 845-389-5400 

Email: usiavideo@gmail.com

Appendixes:

A – Specifications Data Sheet

B – DJI Phantom 3 Manufacturer’s User Manual

C – Monthly Maintenance Log 

APPENDIX – A 

 TECHNICAL SPECIFICATIONS 

USIA Video only utilizes safe and reliable UASs. DJI is an industry leader in 

small UAS production. DJI UASs are loaded with ground breaking software 

enabling the user to set parameters which will not allow flight into controlled 

airspace. Parameters can also be set to limit flight to no higher than a 

predetermined and set altitude as well as limit flight to a predetermined and 

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

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

1.1 
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1.1.1 Aircraft 

 . 1.1.1.1 Supported Battery – DJI 5200mAH LiPo Battery 

 . 1.1.1.2 Weight (Battery & Propellers Included) – 2lbs 11.810oz 

(1242g) 

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

2.5m 

 . 1.1.1.4 Max Yaw Angular Velocity - 200 0/s 

 . 1.1.1.5 Max Tilt Angel - 35 0 

 . 1.1.1.6 Max Ascent Speed – 6m/s 

 . 1.1.1.7 Max Descent Speed – 2m/s 

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

1.1.2 Gimbal 
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1.1.2.1 Working Current – Static: 750mA; Dynamic: 900mA 

 . 1.1.2.2 Control Accuracy - ±0.03 0 

 . 1.1.2.3 Controllable Range – Pitch: -90 0 - 00 

 . 1.1.2.4 Maximum Angular Speed – Pitch: 90 0/s 

1.1.3 Camera 

 . 1.1.3.1 Operating Temperature Range - 32 0F - 1040F (00C - 400C) 

 . 1.1.3.2 Sensor Size – 1/2.3” 

1.1.3.3 Effective Pixels – 14M 

1.1.3.4 Resolution – 4384x3288

4.1.3.5 HD Video Recording – 1080p30 & 720p 

4.1.3.6 Recording Field of View - 1100/850 1.1.4 Transmitter 

1.1.4.1 Operating Frequency – 5.728GHz – 5.85GHz

1.1.4.2 Communication Distance (unobstructed) – FCC Compliance: 800m 
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1.1.4.3 Receiver Sensitivity (1%PER) - -93dBm

1.1.4.4 Transmitter Power – FCC Compliance: 100mW 

1.1.4.5 Working Voltage – 120mA@3.7V 

1.1.5 Range Extender

1.1.5.1 Operating Frequency – 2412-2462MHz

1.1.5.2 Communication Distance (unobstructed) – 500-700m 1.1.5.3 

Transmitter Power – 20dBm

1.1.5.4 Power Consumption – 2W 

APPENDIX-B

 DJI Phantom 3 Advanced Manufacturer's User Manual 2015.04

(uploaded in a separate attachment, a 54-page document) 
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APPENDIX – C

DJI PHANTOM 3 TECHNICAL SPECIFICATIONS 

AIRCRAFT 

Weight (Including Battery And Propellers) Diagonal Size (Including 

Propellers)

Max Ascent Speed

Max Descent Speed 

Hover Accuracy 

 • Vertical: +/- 10cm 

 • Horizontal: +/- 1m 

Max Speed

Max Altitude Above Sea Level Operating Temperature

Gps Mode 

GIMBAL 

Controllable Range Stabilization 

1280 g 590 mm 5 m/s

3 m/s 
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16 m/s (ATTI mode, no wind) 6000 m

0°C to 40°C 

GPS/GLONASS 

Pitch -90° to +30° 3-axis (pitch, roll, yaw) 

REMOTE CONTROLLER 

Operating Frequency Max Distance

Video Output Port Operating Temperature Battery 

Mobile Device Holder Receiver Sensitivity (1%Per) Transmitter Power 

(Eirp) 

 • FCC: 20 dBm 

 • CE: 16 dBm 

Working Voltage 

BATTERY CHARGER 

Voltage

Rated Power Phantom 3 Professional 
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2.400 GHz-2.483 GHz

2000m (outdoors and unobstructed) 

USB 

0°C- 40°C

6000 mAh LiPo 2S 

For tablet or phone -101 dBm ±2 dBm 

1.2 A @7.4 V 

17.4 V 100 W 

INTELLIGENT FLIGHT BATTERY 

Capacity Voltage Battery Type Energy 

Net Weight

Max Flight Time Operating Temperature Max Charging Power 

4480 mAh 15.2 V 

LiPo 4S 68 Wh 
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365 g

Approximately 23 minutes -10°C to 40°C

100 W 
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APPENDIX – E MONTHLY MAINTENANCE LOG 

month: 

year: 

UAS # 

Date Issue Discovered 

Date Issue Addressed 

Issue Description & Maintenance Conducted 

Maintenance Performed By: Print & Sign 

Software Updates 

Airframe 
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Engines 

Propellers 

Camera Gimbal 
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Landing Gear 

Vibration Dampening 

Other: 

Robert Fagan, USIA Video

7 Millbrook Terrace, New Paltz, New York Tel: 845-389-5400 Email: 

usiavideo@gmail.com