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July 30, 2015 

Attn:

U. S. Department of Transportation Docket Operations 

West Building Ground Floor, Room w12-140 

1200 New Jersey Ave, SE Washington DC 20590

RE: JEFF HENNEFELD DBA 11th STORY PRODUCTIONS

REQUESTS AN EXEMPTION FROM THE REQUIREMENTS OF TITLE 14 OF THE CODE 

OF FEDERAL REGULATIONS

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

(a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL OPERATION OF DJI 

PHANTOM 2 AND DJI PHANTOM 3 UNMANNED AIRCRAFT SYSTEMS PURSUANT TO 

SECTION 333 OF

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

Jeff Hennefeld

2 Tudor City Place #5CN

New York, NY 10017

917-992-1687

jwhmusic@mac.com
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TABLE OF CONTENTS

Page 

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

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

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

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

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

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

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH JEFF HENNEFELD DBA 11TH 

STORY PRODUCTIONS SEEKS EXEMPTION.......................................7

THE EXTENT OF RELIEF JEFF HENNEFELD DBA 11TH STORY PRODUCTIONS SEEKS 

AND THE REASON JEFF HENNEFELD DBA 11TH STORY PRODUCTIONS SEEKS THE 

RELIEF..............................................................10

THE REASONS WHY GRANTING JEFF HENNEFELD DBA 11TH STORY 

PRODUCTIONS’ REQUEST WOULD BE IN THE PUBLIC INTEREST ......................12

THE REASONS WHY GRANTING THE EXEMPTION TO JEFF HENNEFELD DBA 11TH 

STORY PRODUCTIONS WOULD NOT ADVERSELY AFFECT SAFETY.....................14

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER...................25

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO 

SUPPORT JEFF HENNEFELD DBA 11TH STORY PRODUCTIONS’ REQUEST..........25

CONCLUSION.....................................................................................................................27

APPENDICES......................................................................................... 27
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GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation 

GCS Ground Control Station

GPS Global Positioning System

LOL Loss of Link 

NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot In Command

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

SO Safety Observer

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System(s)

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing
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SUMMARY

JEFF HENNEFELD dba 11th Story Productions 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 Unmanned Aircraft Systems (DJI Phantom 2 and DJI 

Phantom 3) pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 

(FMRA). This exemption will permit JEFF HENNEFELD dba 11th Story Productions to operate 

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

photography of construction sites, residential and commercial real estate, civil landscapes and 

events over certain areas of the United States. 

INTRODUCTION AND INTERESTS OF THE PETITIONER

JEFF HENNEFELD dba 11th Story Productions has for over ten years provided his clients 

(which include private sector businesses and non-profits, along with local, state and federal 

agencies) with expertise and knowledge in video and multimedia production, marketing, public 

relations and training using advanced technologies and solutions. JEFF HENNEFELD dba 11th 

Story Productions has worked on numerous productions in all types of locations with a perfect 

client and employee safety record. In the past, aerial video and photography were supplied using 

commercial aircraft. The objective of JEFF HENNEFELD dba 11th Story Productions and our 

Unmanned Aircraft Systems’ (DJI Phantom 2 and DJI Phantom 3) aerial operations is to provide 

a more affordable, high-quality production system for a variety of governmental, commercial, 

public, and residential uses, specifically targeting:

• Construction sites before and after

• Appraisals

• Real-estate marketing

• Economic development

• Civic landmarks

• Special event, Sports and News coverage

• Private and governmental training 

Jeff Hennefeld has safely flown small RC electric quadcopters recreationally for approximately 2

years without incident.

BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 2 and DJI Phantom 3, UAS

JEFF HENNEFELD dba 11th Story Productions seeks an exemption to operate DJI Phantom 2 

and DJI Phantom 3 systems for compensation or hire within the NAS. The DJI Phantom 2 and 

DJI Phantom 3 are vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground 

Control Station (GCS) utilizing electronic tablet or smart phone systems. The DJI Phantom 2 and 

DJI Phantom 3 have a maximum gross weight of approximately 2.8 lb. while having a diagonal 

dimension of 23.2”, a maximum speed of approximately 16.4’fps and a maximum flying height
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of 400'. The DJI Phantom 2 and DJI Phantom 3 are equipped with four main rotors; driven by 

Lithium Polymer battery powered electric motors. 

The DJI Phantom 2 and DJI Phantom 3 that will be operated by JEFF HENNEFELD dba 11th 

Story Productions 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.

BASIS FOR PETITION

Petitioner, JEFF HENNEFELD dba 11th Story Productions, 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 2 and DJI Phantom 3, UAS

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

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

unmanned aircraft and its operation, JEFF HENNEFELD dba 11th Story Productions operation 

of DJI Phantom 2 and DJI Phantom 3 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, JEFF HENNEFELD dba 11th Story Productions 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. 

JEFF HENNEFELD dba 11th Story Productions submits that the requested relief is proper since 

an equivalent level of safety will be ensured. JEFF HENNEFELD dba 11th Story Productions

will use experienced personnel or technicians to perform maintenance, alterations, or preventive 

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

operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 2 and DJI Phantom 3

Instruction Manual). Furthermore, JEFF HENNEFELD dba 11th Story Productions will 

document and maintain all maintenance records for the DJI Phantom 2 and DJI Phantom 3 UAS. 

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

and limitations: Pilot in command, is requested by JEFF HENNEFELD dba 11th Story

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

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

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

the DJI Phantom UAS in a manner consistent with this exemption, including evasive and 

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

structures.
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JEFF HENNEFELD dba 11th Story Productions seeks relief from Section 91.7(a), entitled Civil 

aircraft airworthiness, because the DJI Phantom 2 and DJI Phantom 3 UAS do not require an 

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

HENNEFELD dba 11th Story Productions submits that they will ensure that the DJI Phantom 2 

and DJI Phantom 3 UAS is in an airworthy condition, prior to every flight, by determining that 

the UAS are in compliance with the operating documents (i.e., Monthly Maintenance Log, and 

DJI Phantom 2 and DJI Phantom 3 Instruction Manual), and that the aircraft are in a condition 

for safe flight. 

JEFF HENNEFELD dba 11th Story Productions also seeks an exemption from the requirements 

of Section 91.121, entitled Altimeter Settings, as the DJI Phantom 2 and DJI Phantom 3 UAS

will not have a typical barometric altimeter onboard. However, altitude information of the DJI 

Phantom 2 and DJI Phantom 3 UAS will be provided to the PIC via Global Positioning System 

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

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

JEFF HENNEFELD dba 11th Story Productions’ operation of the DJI Phantom 2 and DJI 

Phantom 3 UAS within visual line of sight, at or below 400 feet AGL, will ensure a level of 

safety equivalent to Section 91.121. 

Additionally, JEFF HENNEFELD dba 11th Story Productions seeks an exemption from the 

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

HENNEFELD dba 11th Story Productions submits that safety will not be affected by operation 

of the DJI Phantom 2 and 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 approximately 23 minutes. Battery power indicators are also able to show exactly

how much battery power is left, as well as how much time is needed to return safely back to 

point of take off.

In accordance with 14 C.F.R. § 11.81, JEFF HENNEFELD dba 11th Story Productions provides 

the following information in support of its petition for exemption:

A. Name And Address Of The Petitioner.

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

Jeff Hennefeld

2 Tudor City Place #5CN

New York, NY 10017

917-992-1687

jwhmusic@mac.com
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B. The Specific Sections Of 14 C.F.R. From Which JEFF HENNEFELD dba 11th Story 

Productions Seeks Exemption. 

1. JEFF HENNEFELD dba 11th Story Productions 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. JEFF HENNEFELD dba 11th Story Productions 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. JEFF HENNEFELD dba 11th Story Productions 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. 
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4. JEFF HENNEFELD dba 11th Story Productions 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. JEFF HENNEFELD dba 11th Story Productions 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. JEFF HENNEFELD dba 11th Story Productions 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. JEFF HENNEFELD dba 11th Story Productions 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. 
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8. JEFF HENNEFELD dba 11th Story Productions Seeks Exemption From The 

Requirements Of Sections 91.417(a) And 91.417(b). 

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

following: 

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

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

in paragraph (b) of this section: 

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

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

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

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

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

work performed; and 

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

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

for return to service. 

(2) Records containing the following information: 

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

each rotor. 

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

rotor, and appliance. 

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

are required to be overhauled on a specified time basis. 

(iv) The current inspection status of the aircraft, including the time since the 

last inspection required by the inspection program under which the aircraft 

and its appliances are maintained. 

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

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

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

recurring action, the time and date when the next action is required. 

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

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

propellers, and appliances. 
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(b) The owner or operator shall retain the following records for the periods 

prescribed: 

(1) The records specified in paragraph (a)(1) of this section shall be retained until 

the work is repeated or superseded by other work or for 1 year after the work is 

performed. 

(2) The records specified in paragraph (a)(2) of this section shall be retained and 

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

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

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

approved for return to service. 

C. The Extent Of Relief JEFF HENNEFELD dba 11th Story Productions Seeks And The 

Reason JEFF HENNEFELD dba 11th Story Productions Seeks The Relief. 

1. Extent Of Relief JEFF HENNEFELD dba 11th Story Productions Seeks And The 

Reason JEFF HENNEFELD dba 11th Story Productions 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, JEFF HENNEFELD dba 11th Story Productions submits that an 

equivalent level of safety will be maintained because no PIC will be allowed to operate the DJI 

Phantom 2 and 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 2 and 

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.

Further, JEFF HENNEFELD dba 11th Story Productions submits that all flights of the DJI 

Phantom 2 and DJI Phantom 3 UAS, conducted by the PIC pursuant to the grant of this Petition: 

(1) will be incidental to JEFF HENNEFELD dba 11th Story Productions’ business; and (2) will 

not carry passengers or property for compensation or hire. 
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2. Extent Of Relief JEFF HENNEFELD dba 11th Story Productions Seeks And The 

Reason JEFF HENNEFELD dba 11th Story Productions 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 JEFF HENNEFELD dba 11th Story Productions to determine that the DJI 

Phantom 2 and 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., JEFF HENNEFELD dba 11th 

Story Productions Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 and 

DJI Phantom 3 Instruction Manual). 

JEFF HENNEFELD dba 11th Story Productions seeks the requested relief because the DJI 

Phantom 2 and DJI Phantom 3 UAS do not require an airworthiness certificate in accordance 

with 14 C.F.R. Part 21, Subpart H. Therefore, JEFF HENNEFELD dba 11th Story Productions

will ensure that the DJI Phantom 2 and DJI Phantom 3 UAS are in airworthy condition based 

upon its compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI 

Phantom 2 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. Extent Of Relief JEFF HENNEFELD dba 11th Story Productions Seeks And The 

Reason JEFF HENNEFELD dba 11th Story Productions 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 2 and 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), JEFF HENNEFELD dba 11th Story Productions seeks the 

requested relief because the DJI Phantom 2 and 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 2 and 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. Extent Of Relief JEFF HENNEFELD dba 11th Story Productions Seeks And The 

Reason JEFF HENNEFELD dba 11th Story Productions Seeks Relief From Section 

91.151(b). 
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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 2 and DJI 

Phantom 3 UAS during daylight hours in visual meteorological conditions (VMC), under visual 

flight rules (VFR), for a total duration of 23 minutes. JEFF HENNEFELD dba 11th Story 

Productions seeks the requested relief because without an exemption from Section 91.151(b), the 

flight time duration of the battery powered DJI Phantom 2 and DJI Phantom 3 UAS will severely 

constrain the practicality of any aerial video or still photo flight operations that JEFF 

HENNEFELD dba 11th Story Productions proposes to conduct pursuant to this Petition. 

Significantly, as set forth below, the technical specifications of the DJI Phantom 2 and DJI 

Phantom 3 UAS, the DJI Phantom 2 and DJI Phantom 3 operating documents, and JEFF 

HENNEFELD dba 11th Story Productions’ proposed operating limitations, ensure that JEFF 

HENNEFELD dba 11th Story Productions will safely operate the battery powered DJI Phantom 

2 and 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. Extent Of Relief JEFF HENNEFELD dba 11th Story Productions Seeks And The 

Reason JEFF HENNEFELD dba 11th Story Productions Seeks Relief From Sections 

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

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

aircraft with an airworthiness certificate, JEFF HENNEFELD dba 11th Story Productions

requests relief from these Sections because the DJI Phantom 2 and DJI Phantom 3 UAS do not 

require airworthiness certificates. As set forth more fully below, the DJI Phantom 2 and DJI 

Phantom 3 UAS meet the conditions of FMRA Section 333 for operation without an 

airworthiness certificate. Accordingly, JEFF HENNEFELD dba 11th Story Productions 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 JEFF HENNEFELD dba 11th Story Productions Aerial Operations Manual, Monthly

Maintenance Log, and DJI Phantom 2 and DJI Phantom 3 Instruction Manual). Furthermore, 

JEFF HENNEFELD dba 11th Story Productions will document and maintain all maintenance 

records for the DJI Phantom 2 and DJI Phantom 3 UAS. 

D. The Reasons Why Granting JEFF HENNEFELD dba 11th Story Productions 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 JEFF HENNEFELD dba 

11th Story Productions to safely, efficiently, and economically perform aerial video and 

photography of construction sites, real estate, events and civic landscape over certain areas of the 

United States. 
13

Additionally, use of the DJI Phantom 2 and DJI Phantom 3 UAS will decrease congestion of the 

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

JEFF HENNEFELD dba 11th Story Productions’ proposed operation of the DJI Phantom 2 and 

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 2 and 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 2 and 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 2 and 

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 2 and DJI 

Phantom 3 UAS. 

Conducting aerial acquisitions with the DJI Phantom 2 and 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 2 and 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 2 and 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 2 and 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 2 and 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), have 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 
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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 2 and 

DJI Phantom 3 UAS Will Benefit The Economy. 

In addition to being safe and efficient, the DJI Phantom 2 and 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 2 and DJI Phantom 3 UAS will allow United States based 

companies, like JEFF HENNEFELD dba 11th Story Productions, 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 2 and 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 2 and DJI Phantom 3 UAS, companies such as JEFF 

HENNEFELD dba 11th Story Productions, 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 2 and 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, 

JEFF HENNEFELD dba 11th Story Productions’ proposed operation of the DJI Phantom 2 and 

DJI Phantom 3 UAS will not implicate any privacy issues. Specifically, the DJI Phantom 2 and 

DJI Phantom 3 UAS will be operated only in compliance with operating documents (i.e., JEFF 

HENNEFELD dba 11th Story Productions Aerial Operations Manual, Monthly Maintenance 

Log, and DJI Phantom 2 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. 

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 JEFF HENNEFELD dba 11th Story Productions Seeks 

Exemption. 

1. Reasons Why The DJI Phantom 2 and DJI Phantom 3 UAS Meet The Conditions Of The 

FAA Modernization and Reform Act of 2012 (FMRA) Section 333. 
15

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

unmanned aircraft and its operation, JEFF HENNEFELD dba 11th Story Productions’ operation 

of the DJI Phantom 2 and DJI Phantom 3 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 rulemaking required by 

section 332 of this Act or the guidance required by section 334 of this Act. 

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

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

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

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

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

of the national airspace system or the public or pose a threat to national 

security; and

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

airworthiness certification under section 44704 of title 49, United States 

Code, is required for the operation of unmanned aircraft systems identified 

under paragraph (1). 

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

that certain unmanned aircraft systems may operate safely in the national airspace 

system, the Secretary shall establish requirements for the safe operation of such 

aircraft systems in the national airspace system. 

In seeking this exemption, JEFF HENNEFELD dba 11th Story Productions submits that the DJI 

Phantom 2 and DJI Phantom 3 UAS can operate safely in the NAS pursuant to FMRA Section 

333, as demonstrated by: (a) the characteristics of the DJI Phantom 2 and DJI Phantom 3 UAS; 

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

a. The Specifications Of The DJI Phantom 2 and DJI Phantom 3 UAS Demonstrate Its Safe 

Characteristics.

The DJI Phantom 2 and 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 2 and DJI Phantom 3 UAS. 
16

The technical specifications of the DJI Phantom 2 and DJI Phantom 3 UAS are set forth by the 

DJI Phantom 2 and DJI Phantom 3 User Manual, attached hereto as Appendix A. 

ii. The DJI Phantom 2 and DJI Phantom 3 UAS Global Positioning Modes Enable 

The UAS To Remain Within A Defined Operational Area. 

The DJI Phantom 2 and 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 2 and DJI Phantom 3 UAS is provided at pages 11 of the DJI Phantom 2 and DJI 

Phantom 3 User Manual attached hereto as Appendix A. 

iii. The DJI Phantom 2 and 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 2 and DJI Phantom 3 UAS will remain 

stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 2 and 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 2 and DJI Phantom 3 UAS 

are set forth at pages 12 through 14 of the DJI Phantom 2 and DJI Phantom 3 User Manual, 

attached hereto as Appendix A. 

iv. The DJI Phantom 2 and DJI Phantom 3 GCS And Its Operation.

A complete description of the operation and specifications of the DJI Phantom 2 and DJI 

Phantom 3 GCS and flight control software is provided at pages 23 through 29 of the DJI 

Phantom 2 and DJI Phantom 3 User Manual. DJI Phantom 2 and DJI Phantom 3 User Manual is

attached hereto as Appendix A. 

b. Flight Operations Of DJI Phantom 2 and DJI Phantom 3 UAS Is Limited To The Line 

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

JEFF HENNEFELD dba 11th Story Productions video production staff will be the only persons

to act as a pilot in command (PIC) of the DJI Phantom 2 and DJI Phantom 3 UAS. Additionally, 

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

c. Flights Of DJI Phantom 2 and DJI Phantom 3 UAS Will Be Conducted Pursuant To 

Specific Operating Limitations. 

In seeking this exemption, JEFF HENNEFELD dba 11th Story Productions proposes to 

commercially operate DJI Phantom 2 and 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.

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 
17

pounds maximum gross weight: DJI Phantom 2 and 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 FAA-issued airman medical 

certificate. 

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

permitted. 

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

the VLOS requirement as long as the PIC always maintains VLOS capability. The SO 

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

texting is not permitted during flight operations. The PIC must be designated before 

the flight and cannot transfer his or her designation for the duration of the flight. The 

PIC must ensure that the SO can perform the functions prescribed in the operating 

documents. 

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

avoiding other air traffic and other ground based obstacles/obstructions and is not 

permitted to operate the camera or other instruments. 

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

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

discrepancy exists between the conditions and limitations contained in the grant of 

exemption and the procedures outlined in the operating documents, the conditions and 

limitations contained in the grant of exemption take precedence and must be followed. 

Otherwise, the operator must follow the procedures as outlined in its operating

documents. The operator may update or revise its operating documents. It is the 

operator’s responsibility to track such revisions and present updated and revised 

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

and revised documents if it petitions for extension or amendment to the grant of 

exemption. If the operator determines that any update or revision would affect the 
18

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

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

may be contacted if questions arise regarding updates or revisions to the operating 

documents. 

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

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

the UAS, the aircraft is prohibited from operating until the necessary maintenance has 

been performed and the UAS is found to be in a condition for safe flight. The Ground 

Control Station must be included in the preflight inspection. All maintenance and 

alterations must be properly documented in the aircraft records.

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

operation or flight characteristics, e.g. replacement of a flight critical component, 

must undergo a functional test flight. The PIC who conducts the functional test flight 

must make an entry in the aircraft records. 

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

inoperable components, items, or equipment, not already covered in the relevant 

sections of the operating documents. 

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

maintenance, overhaul, replacement, inspection, and life limit requirements. 

14. The operator must carry out its maintenance, inspections, and record keeping 

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

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

aircraft records, including total time in service, description of work accomplished, 

and the signature of the authorized person returning the UAS to service. 

15. Each 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 thirdclass 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 
19

sessions. During training, proficiency, and experience-building flights, all persons not 

essential for flight operations are considered nonparticipants, and the PIC must 

operate the UA with appropriate distance from nonparticipants in accordance with 14 

C.F.R. § 91.119. 

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

All operations must be conducted under visual meteorological conditions (VMC). If 

flight at night is required, a special request will be made at the FAA office closest to 

proposed area of operations. Flights under special visual flight rules (SVFR) are not 

authorized. 

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

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

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

accordance with a NOTAM as required by the operator’s COA. The letter of 

agreement with the airport management must be made available to the Administrator 

upon request. 

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

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

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

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 (NNumber) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must 

be as large as practicable. 
20

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

and control of the UA must comply with the Federal Communications Commission 

(FCC) or other appropriate government oversight agency requirements. 

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

to the PIC at the Ground Control Station of the UAS any time the UAS is operating. 

These documents must be made available to the Administrator or any law 

enforcement official upon request. 

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

operations and activities at all times. 

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

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

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

vessels, vehicles, and structures unless: 

a. Barriers or structures are present that sufficiently protect nonparticipating 

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

must ensure that nonparticipating persons remain under such protection. If a 

situation arises where nonparticipating persons leave such protection and are 

within 500 feet of the UA, flight operations must cease immediately and/or; 

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

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

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

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

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

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

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

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

from land owner/controller or authorized representative will be obtained for each 

flight to be conducted.

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

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

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

reported to the National Transportation Safety Board (NTSB) per instructions 

contained on the NTSB Web site: www.ntsb.gov. 

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

Would Not Adversely Affect Safety.
21

JEFF HENNEFELD dba 11th Story Productions 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 2 and DJI Phantom 3 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 2 and DJI Phantom 3 UAS in a manner consistent with the exemption, 

including evasive and emergency maneuvers and maintaining appropriate distances from people, 

vessels, vehicles and structures. 

Considering JEFF HENNEFELD dba 11th Story Productions’ 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 2 and DJI Phantom 3

UAS, JEFF HENNEFELD dba 11th Story Productions submits that the additional manned 

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

skills necessary for JEFF HENNEFELD dba 11th Story Productions’ specific proposed flight 

operations. 

The FAA has previously granted relief from Section 61.113(a) and (b) specific to UAS, in 

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

11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 

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

JEFF HENNEFELD dba 11th Story Productions will not allow any PIC to operate the DJI 

Phantom 2 and DJI Phantom 3 UAS unless that PIC has demonstrated, by meeting minimum 

flight-hour requirements or the DJI Phantom 2 and DJI Phantom 3 UAS training and currency 

requirements, that the PIC is able to safely operate the DJI Phantom 2 and DJI Phantom 3 UAS 

in a manner consistent with this exemption, including evasive and emergency maneuvers and 

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

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

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

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

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

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

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

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

during JEFF HENNEFELD dba 11th Story Productions’ proposed operations. The Administrator 

has held that prior documented flight experience that was obtained in compliance with applicable 

regulations would ensure safe operations, stating as follows: 

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

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

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

UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi-rotor 

UAS. Prior to operations under Exemption No. 11062, the PIC must also have 
22

accumulated and logged a minimum of 5 hours as a UAS pilot operating the same make 

and model of UAS to be used for operations under the exemption. For clarification, the 

FAA considers these minimum hour requirements to be inclusive rather than additive; i.e. 

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

10 hours may be included in the total 25 hours of UAS rotorcraft time. In addition to the 

hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 

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

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

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

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

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

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

accomplish the required flight time. During training, proficiency, and experience-building 

flights the PIC is required to operate the UA with appropriate distances in accordance 

with 14 C.F.R 91.119. 

Exemption No. 11138 at page 15. 

Accordingly, JEFF HENNEFELD dba 11th Story Productions will ensure safe operations by not 

allowing any PIC to operate the DJI Phantom 2 and DJI Phantom 3 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 2 and DJI Phantom 3 UAS in a manner consistent with the 

exemption, including evasive and emergency maneuvers and maintaining appropriate distances 

from people, vessels, vehicles and structures. 

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

Adversely Affect Safety. 

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

every flight, JEFF HENNEFELD dba 11th Story Productions will ensure that the DJI Phantom 2 

and DJI Phantom 3 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.
23

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

altitude information of the DJI Phantom 2 and DJI Phantom 3 UAS will be provided to the PIC 

via GPS equipment and a radio communications telemetry data link, which downlinks from the 

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

combined with JEFF HENNEFELD dba 11th Story Productions’ operation of the DJI Phantom 2 

and DJI Phantom 3 UAS within visual line of sight, at or below 500 feet AGL, will ensure a 

level of safety equivalent to Section 91.121. The altitude information will be generated by GPS 

equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiation point is 

automatically established by the UAS at ground level. 

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

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

11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 

11158, 11159, 11160, 11161). 

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

Adversely Affect Safety.

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

Section 91.151(b) as a result of (1) the technical specifications of the DJI Phantom 2 and DJI 

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

proposed flight operations. Accordingly, JEFF HENNEFELD dba 11th Story Productions will 

ensure that it will safely operate the battery powered DJI Phantom 2 and DJI Phantom 3 UAS

during daylight hours in VFR conditions, with enough battery power to fly for a total duration of 

23 minutes. 

Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom 2 and DJI 

Phantom 3 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 2 and DJI Phantom 3 UAS

provide audible and visual warnings to the PIC at the GCS when the UAS experiences low 

battery voltage, the first warning occurring at approximately 33% remaining battery power, and 

again at approximately 10% remaining battery power. At the critically low battery level, the DJI 

Phantom 2 and 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). 
24

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, JEFF HENNEFELD dba 11th Story Productions 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 JEFF HENNEFELD dba 11th Story Productions 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., JEFF HENNEFELD dba 

11th Story Productions Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 

2 and DJI Phantom 3 Instruction Manual). Furthermore, JEFF HENNEFELD dba 11th Story

Productions will document and maintain all maintenance records for the DJI Phantom 2 and DJI 

Phantom 3 UAS. 

Since the DJI Phantom 2 and DJI Phantom 3 UAS will be inspected as prescribed by the 

operating documents, JEFF HENNEFELD dba 11th Story Productions 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 2 and DJI Phantom 3 User Manuals are attached hereto as Appendix A 

and B; a copy of the DJI Phantom 2 and DJI Phantom 3 UAS Maintenance LOG is attached 

hereto as Appendix C. 

Likewise, the exemption sought will not adversely affect safety because JEFF HENNEFELD dba 

11th Story Productions 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 2 and 

DJI Phantom 3 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 JEFF HENNEFELD dba 11th Story Productions’ proposed operating

limitations, the operating documents, and the technical aspects of the DJI Phantom 2 and DJI 

Phantom 3 UAS, JEFF HENNEFELD dba 11th Story Productions submits that safety will not be 

adversely affected by granting exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and 

(a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has previously granted relief specific to 

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

Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 

11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). 
25

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, JEFF HENNEFELD dba 11th Story 

Productions requests that the FAA prescribe special conditions for the intended operation of the 

DJI Phantom 2 and 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 §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 

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

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

photography over certain areas of the United States for compensation or hire. FMRA Section 333 

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

NAS or the public, or otherwise pose a threat to national security; and further, provides the 

authority for such UAS to operate without airworthiness certification in accordance with any

requirements that must be established for the safe operation of the UAS in the NAS. 

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

§ 21.16, for operation of the DJI Phantom 2 and DJI Phantom 3 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 Leading Edge’s intended operation of the DJI Phantom 2 and 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).

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

Rules From Which JEFF HENNEFELD dba 11th Story Productions Seeks Exemption: 

JEFF HENNEFELD dba 11th Story Productions 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). 
26

A Brief Description Of The Nature Of The Exemption JEFF HENNEFELD dba 11th Story 

Productions Seeks: 

This exemption will permit JEFF HENNEFELD dba 11th Story Productions to 

commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting 

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

• Any Additional Information, Views, Or Arguments Available To Support 

JEFF HENNEFELD dba 11th Story Productions’ Request. 

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 

(FMRA) Section 333, directs the Secretary of Transportation to determine if certain UAS may 

operate safely in the NAS. As such, JEFF HENNEFELD dba 11th Story Productions’ 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, JEFF HENNEFELD dba 11th Story Productions will operate the 

DJI Phantom 2 and DJI Phantom 3 UAS safely in the NAS, without creating a hazard to users of 

the NAS, or the public, or otherwise pose a threat to national security. 
27

CONCLUSION

As set forth herein, JEFF HENNEFELD dba 11th Story Productions 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 2 and DJI Phantom 3 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 JEFF 

HENNEFELD dba 11th Story Productions to safely, efficiently, and economically operate the 

DJI Phantom 2 and DJI Phantom 3 UAS commercially within the NAS. 

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

Modernization and Reform Act of 2012, Section 333, JEFF HENNEFELD dba 11th Story

Productions 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 operation of the DJI 

Phantom 2 and DJI Phantom 3 UAS commercially for the purpose of conducting aerial video and 

photography over certain areas of the United States.

Dated: July 30, 2015

Respectfully submitted,

Jeff Hennefeld

2 Tudor City Place #5CN

New York, NY 10017

917-992-1687

jwhmusic@mac.com

Appendices:

A – Link to DJI Phantom 2 and DJI Phantom 3 Manual: Click on link below

http://download.dji-innovations.com/downloads/phantom_2/en/PHANTOM2_User_Manual_v1.4_en.pdf

http://download.djiinnovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual_v1.2_en.pdf