September	16,	2015

U.S.	Department	of	Transportation

Docket	Management	System

1200	New	Jersey	Ave.,	SE

Washing	ton,	DC	20590

Re:	Request	for	Exemption	under	Section	333

Operator’s	name	and	address:

Wes	Poole

National	Center	for	State	Courts

300	Newport	Ave

Williamsburg,	VA	23185

wpoole@ncsc.org

SUMMARY AND	OPERATIONS	

The	National	Center	for	State	Courts	hereafter	referred	to	NCSC	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	 (DJI	Phantom	3) pursuant	to	Section	333	of	the	

FAA	 Modernization	 and	 Reform	 Act	 of	 2012	 (FMRA).	 This	 exemption	 will	 permit	 NCSC	 to	 operate	 an	

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

the	 development	 and	 creation	 of	 interactive	 online	 courses	 for	 court	 administrators,	 judges,	 law	

enforcement	and	other	judicial	personnel	around	the	United	States.		

NCSC	is	the	organization	courts	turn	to	for	authoritative	knowledge	and	information,	because	its	efforts	are	

directed	 by	 collaborative	 work	 with	 the	 Conference	 of	 Chief	 Justices,	 the	 Conference	 of	 State	 Court	

Administrators,	and	other	associations	of	judicial	leaders.		Consequently,	NCSC	is	able	to	return	expertise	to	

the	courts	in	a	variety	of	forms	— from	Web	resources	to	hands-on	assistance	and	education.

Video	content	is	an	essential	component	of	this	education	and is	hosted	in	our	websites,	training	modules,	

marketing	materials	and	 online	 courses.	NCSC	 creates	and	 records	 captivating	 high-definition	 (HD)	videos	

and	live	streams	conferences	and	events	while	educating	remote	audiences.

In	an	effort	 to	 become	 the	 frontrunner	 in	 court	education,	NCSC	 has	 partnered	 with	 local	 law	 schools,	a	

multitude	 of	 Associations,	 U.S.	 Courts	 and	 government	 agencies	 to	 create	 promotional	 and	 educational	

videos	capturing	live	interviews,	association	conferences	and	academic	events.		

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
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FAR Federal	Aviation	Regulation	

GCS Ground	Control	Station	

GPS Global	Positioning	System

LOL Loss	of	Link	

NAS National	Airspace	System

NOTAM Notice	to	Airman

PIC Pilot	In	Command

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

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

The	specific	applicable	regulations	from	which	relief	is	required	(CFRs)

The	Specific	Sections	Of	14	C.F.R.	From	Which	NCSC Seeks	Exemption.	

1.	NCSC 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.	NCSC 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.	

3. NCSC 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	
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(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. NCSC 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. NCSC 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.	NCSC 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.	NCSC 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.	NCSC 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.	
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(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.	

The	Reasons NCSC Seeks	The	Relief.	

1.	The	Reason	NCSC 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,	NCSC	submits	that	an	equivalent	level	of	safety	will	be	maintained	because	no	

PIC	will	be	allowed	to	operate the	DJI	Phantom	3	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	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.
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Further,	NCSC	submits	that	all	flights	of	the	DJI	Phantom	3	UAS,	conducted	by	the	PIC	pursuant	to	the	grant	of

this	 Petition:	 (1)	 will	 be	 incidental	 to	 NCSC’s	 business;	 and	 (2)	 will	 not	 carry	 passengers	 or	 property	 for	

compensation	or	hire.	

2.	The	Reason	NCSC 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	

NCSC	to	determine	that	the	DJI	Phantom	3	UAS	are	in	airworthy	condition	prior	to	every	flight	by	ensuring	that	

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

Maintenance	Log,	and	DJI	Phantom	3	Instruction	Manual).	

NCSC	seeks	the	requested	relief	because	the	DJI	Phantom	3	UAS	do	not	require	an	airworthiness	certificate	in	

accordance	with	14	C.F.R.	Part	21,	Subpart	H.	Therefore,	NCSC	will	ensure	that	the	DJI	Phantom	3	UAS	are	in	

airworthy	condition	based	upon	its	compliance	with	the	operating	documents	(i.e.,	Monthly	Maintenance	Log,	

and	DJI	Phantom	3)	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.	The	Reason	NCSC	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	 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),	 NCSC	 seeks	 the	 requested	 relief	 because	 the	 DJI	

Phantom	 3	 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	 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.	The	Reason	NCSC	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	 UAS	 during	 daylight	 hours	 in	 visual	

meteorological	conditions	(VMC),	under	visual	flight	rules	(VFR),	for	a	total	duration	of	23	minutes. NCSC	seeks	

the	 requested	 relief	 because	 without	 an	 exemption	 from	 Section	 91.151(b),	 the	 flight	 time	 duration	 of	 the	

battery	powered	DJI	Phantom	3	UAS	will	severely	constrain	 the	practicality	of	any	aerial	video	or	still	photo	

flight	operations	that	NCSC	proposes	to	conduct	pursuant	to	this	Petition.	

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

operating	 documents,	 and	NCSC’s	 proposed	 operating	 limitations,	 ensure	 that	NCSC	 will	 safely	 operate	 the	

battery	powered	DJI	Phantom	3	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	23	minutes.

5.	The	Reason	NCSC	Seeks	Relief	From	Sections	91.405(a),	91.407(a)(1),	91.409(a)(1)	&	(a)(2),	And	91.417(a)	

&	(b).	
6

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,	 NCSC	 requests	 relief	 from	 these	 Sections	 because	 the	 DJI	 Phantom	 3	 UAS	 do	 not	

require	airworthiness	certificates.	As	set	forth	more	fully	below,	the	DJI	Phantom	3	UAS	meet	the	conditions	of	

FMRA	 Section	 333	 for	 operation	 without	 an	 airworthiness	 certificate.	 Accordingly,	 NCSC	 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	 NCSC	 Aerial	 Operations	

Manual,	Monthly	Maintenance	Log,	and	DJI	Phantom	3	Instruction	Manual).	Furthermore,	NCSC	will	document	

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

How	the	operator	will	maintain	an	equivalent	level	of	safety or	no	adverse	impact	to	safety

The	DJI	Phantom	3	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	UAS.	

The	technical	specifications	of	the	DJI	Phantom	3	UAS	are	set	forth	by	the	DJI	Phantom	3	User	Manual.

ii.	The	DJI	Phantom	3	UAS	Global	Positioning	Modes	Enable	The	UAS	To	Remain	Within	A	Defined	

Operational	Area.	

The	 DJI	 Phantom	 3	 UAS	 may	 be	 operated	 in	 both	manual	 and	 global	 positioning	 flight	 modes.	 A	 complete	

description	of	the	flight	and	navigational	modes	of	the	DJI	Phantom	3	UAS	is	provided	at	pages	11	of	the	DJI	

Phantom	3	User	Manual.

iii.	The	DJI	Phantom	3	UAS	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	UAS	will	remain	stationary,	in	flight,	for	3	seconds	or	more.	If,	

after	 3	 seconds,	 the	 DJI	 Phantom	 3	 UAS	 does	 not	 reacquire	 control	 link	 data	 from	 the	 GCS,	 the	 UAS	 will	

assume	that	the	Control	Link	is	lost	and	the	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	UAS	are	set	forth	at	pages	12	through	

14	of	the	DJI	Phantom	3	User	Manual.

iv.	The	DJI	Phantom	3	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	23	through	29	of	the	DJI	Phantom	3	User	Manual.			DJI	Phantom	3	User	Manual.

b.	Flight	Operations	Of	DJI	Phantom	3	UAS	Is	Limited	To	The	Line	Of	Sight	Of	A	Certificated	Pilot	in	

Command	With	A	Safety	Observer.	

NCSC video	production	staff	will	be	the	only	persons	to	act	as	a	pilot	in	command	(PIC)	of	the	DJI	Phantom	3	

UAS.	Additionally,	a	safety	observer	will	assist	him	at	all	times	during	flight	time.	

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

In	seeking	this	exemption,	NCSC proposes	to	commercially	operate	DJI	Phantom	3	UAS	for	the	special	purpose	

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

specific	operating	limitations.
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1.	Operations	authorized	by	this	grant	of	exemption	will	be	limited	to	the	 following	aircraft	described	in	the	

operating	 documents,	 rotorcraft	UAS	 weighing	 less	 than	 55	 pounds	maximum	 gross	 weight:	 DJI	 Phantom	 3	

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	FAAissued	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.
8

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	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	 private	 pilot	 certificate	 and	 at	 least	 a	 current	 third- class	 medical	

certificate.	

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	FAApublished	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.	
9

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).	
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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	(AFS80)	 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.	

How	granting	the	exemption	would	be	in	the	public	interest

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

The	DJI	Phantom	3	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	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	UAS	do	not	require	an	airport	to	

takeoff	 or	land.	 Likewise,	a	 reduction	 of	manned	aircraft	 conducting	aerial	video	and	 photography	missions	

would	result	in	fewer	aircraft	that	must	be	handled	by	air	traffic	control	during	the	ground,	takeoff,	departure,	

arrival,	and	landing	phases	of	flight	operations.

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

Conducting	aerial	acquisitions	with	the	DJI	Phantom	3	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	 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	UAS,	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	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	2.8	pounds	at	their	maximum	gross	weight	with	

diagonal	 dimension	 of	 23.2	 inches,	 and	 with	 no	 fuel	 on	 board),	 has	 less	 physical	 potential	 for	 collateral	

damage	 to	 life	 and	 property	 on	 the	 ground,	 and	 in	 the	 air,	 compared	 to	 the	manned	 aircraft	 that	 typically	

conduct	similar	operations	(weighing	approximately	6,000	pounds	with	a	wingspan	of	approximately	42	feet,	a	

length	of	34	feet,	and	a	fuel	capacity	of	180	gallons).	
11

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	 UAS	 are	 also	 an	 economical	 alternative	 to	 using	

manned	aircraft	to	conduct	similar	aerial	operations.	As	such,	operation	of	the	DJI	Phantom	3	UAS	will	allow	

United	 States	 based	 companies,	 like	 NCSC,	 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	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	UAS,	 companies	 such	as	NCSC,	 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	UAS,	provides	a	stable	workforce	that	increases	consumer	spending;	improves	local,	state,	

and	 federal	 tax	 revenues;	 and	 allows	 companies	 to	 invest	 in	 research	 and	 development	 in	 order	 to	 remain	

competitive	both	in	the	United	States	and	abroad.	

4.	There	Are	No	Privacy	Issues.	

Similar	 to	 the	 manned	 aerial	 acquisition	 flight	 operations	 that	 have	 been	 conducted	 for	 decades,	 NCSC’s	

proposed	 operation	 of	 the	 DJI	 Phantom	 3	 UAS	 will	 not	 implicate	 any	 privacy	 issues.	 Specifically,	 the	 DJI	

Phantom	3	UAS	will	be	operated	only	in	compliance	with	operating	documents	 (i.e.,	NCSC	Aerial	Operations	

Manual,	Monthly	Maintenance	 Log,	and	DJI	 Phantom	 3	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.	

The	make	and	model	of	the	aircraft	for	proposed	operations	(aircraft	manuals	are	not	

necessary)

DJI	Phantom	3

Model	W323