SUMMARY

Tri Star Aerial Imagery, LLC seeks exemption from the requirements of 14 C.F.R §§

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

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

Modernization and Reform Act of 2012 (FMRA). This exemption will permit Tri Star Aerial 

Imagery, LLC to operate an Unmanned Aircraft System (UAS) for the commercial purpose of 

conducting aerial video and photography for real estate, and other landscape oriented purposes 

over certain areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

Tri Star Aerial Imagery, LLC provides its clients with the high quality digital content for use in

their commercial marketing. Tri Star Aerial Imagery, LLC has over 2 years of recreational/hobby

experience in all aspects of aerial video and photography, on 5 different UAV platforms. The

objective of Tri Star Aerial Imagery, LLC aerial video and photography operations is to provide

high quality imaging for a variety of, commercial, public, and residential uses, specifically

targeting:

! Real Estate Videography and Photography

! Automobile dealerships

! Parks, recreation, golf courses and public lands

! Roof and shingle inspection

! Increase public knowledge of UAS and promote safe UAS operations

BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 3 Advanced UAS

Tri Star Aerial Imagery, LLC seeks an exemption to operate DJI systems for compensation

or hire within the NAS. The DJI Phantom 3 Advanced is a vertical takeoff and landing (VTOL)

Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or

smartphone systems. The DJI Phantom 3 Advanced has a maximum gross weight of 1.28 

kilograms, a length of 59 centimeters (square size in all dimensions), height of 10 inches, and a

maximum speed of approximately 31 knots. The DJI Phantom 3 Advanced is equipped with

four main rotors; driven by Lithium Polymer battery powered electric motors. The Phantom 3

Advanced that will be operated by Tri Star Aerial Imagery, LLC 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, Tri Star Aerial Imagery, LLC, pursuant to the provisions of the Federal Aviation

Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA),

Section 333, Special Rules for Certain Unmanned Aircraft Systems, hereby petitions the

Administrator to commercially operate the DJI Phantom 3 Advanced 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, Tri Star Aerial Imagery, LLC operation of DJI Phantom 3

Advanced 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, Tri Star Aerial Imagery, LLC 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. Tri Star Aerial Imagery

submits that the requested relief is proper since an equivalent level of safety will be ensured.
Tri Star Aerial Imagery will use experienced personnel or technicians to perform maintenance,

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

practices prescribed in the operating documents. Relief from certain requirements of Section 

61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command, is requested 

by Tri Star Aerial Imagery 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, that the PIC is able to safely operate the DJI Phantom 3 Advanced in a manner 

consistent with this exemption, including evasive and emergency maneuvers and maintaining 

appropriate distances from people, vessels, vehicles and structures. Tri Star Aerial Imagery

seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, because the DJI Phantom 

3 Advanced does not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, 

Subpart H. As such, Tri Star Aerial Imagery will ensure that the DJI Phantom 3 Advanced is in 

airworthy condition, prior to every flight, by determining that the UAS is in compliance with the 

operating documents and that the aircraft is in a condition for safe flight. Tri Star Aerial Imagery

also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings, 

as DJI Phantom 3 Advanced will not have a typical barometric altimeter onboard. However, 

altitude information of the DJI Phantom 3 Advanced will be provided to the PIC via 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 Tri Star 

Aerial Imagery operation of the DJI Phantom 3 Advanced within visual line of sight at, or below 

180 feet AGL, will ensure a level of safety equivalent to Section 91.121. Additionally, Tri Star 

Aerial Imagery seeks an exemption from the requirements of Section 91.151(b) entitled Fuel 

requirements for flight in VFR conditions. Tri Star Aerial Imagery submits that safety will not be 

affected by operation of DJI Phantom 3 Advanced 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 18 minutes to the first point of intended landing and, assuming normal 

cruising speed, to fly after that for at least 4 minutes. In accordance with 14 C.F.R. § 11.81, Tri 

Star Aerial Imagery 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:

Grant Lumpkin

Tri Star Aerial Imagery, LLC

8185 Highway 22

Adamsville, TN 38310

731-607-6468

grantlumpkin@gmail.com

B. The Specific Sections of 14 C.F.R. from Which Tri Star Aerial Imagery Seeks 

Exemption.

1. Tri Star Aerial Imagery 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. Tri Star Aerial Imagery 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. Tri Star Aerial Imagery Seeks Exemption from The Requirements of Section

91.121.

Section 91.121, entitled Altimeter settings, subsection (a), states the following, in part:

(a) Each person operating an aircraft shall maintain the cruising altitude or flight level of

that aircraft, as the case may be, by reference to an altimeter that is set, when

operating--

(1) Below 18,000 feet MSL, to--

(i) The current reported altimeter setting of a station along the route and

within 100 nautical miles of the aircraft;

(ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of

this section, the current reported altimeter setting of an appropriate

available station; or

(iii) In the case of an aircraft not equipped with a radio, the elevation of

the departure airport or an appropriate altimeter setting available before

departure.

4. Tri Star Aerial Imagery 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. Tri Star Aerial Imagery 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. Tri Star Aerial Imagery 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. Tri Star Aerial Imagery 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. Tri Star Aerial Imagery Seeks Exemption from the Requirements of Sections

91.417(a) and 91.417(b).

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

following:

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

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

in paragraph (b) of this section:

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

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

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

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

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

the work performed; and

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

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

aircraft for return to service.

(2) Records containing the following information:

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

and each rotor.

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

propeller, rotor, and appliance.

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

are required to be overhauled on a specified time basis.

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

the last inspection required by the inspection program under which the

aircraft and its appliances are maintained.

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

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

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

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

required.

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

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

propellers, and appliances.

(b) The owner or operator shall retain the following records for the periods prescribed:

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

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

performed.

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

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

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

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

approved for return to service.

C. The Extent of Relief Tri Star Aerial Imagery Seeks and The Reason Tri Star Aerial 

Imagery

Seeks the Relief.

1. Extent of Relief Tri Star Aerial Imagery Seeks and the Reason Tri Star Aerial Imagery

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, Tri Star Aerial Imagery submits that an equivalent level of

safety will be maintained because no PIC will be allowed to operate the DJI Phantom 3

Advanced 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 Advanced

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, Tri Star Aerial Imagery submits that all flights of the DJI Phantom 3 Advanced,

conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to

Tri Star Aerial Imagery business; and (2) will not carry passengers or property for

compensation or hire

2. Extent of Relief Tri Star Aerial Imagery Seeks and The Reason Tri Star Aerial Imagery

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 Tri Star Aerial Imagery to determine that the DJI Phantom 3 Advanced

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

with the operating documents.

Tri Star Aerial Imagery seeks the requested relief because the DJI Phantom 3 Advanced

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

Subpart H. Therefore, Tri Star Aerial Imagery will ensure that the DJI Phantom 3 Advanced

is in airworthy condition based upon its compliance with the operating documents 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 Tri Star Aerial Imagery Seeks and The Reason Tri Star Aerial Imagery

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 Advanced, which utilizes 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), Tri Star Aerial Imagery seeks the requested relief because the DJI Phantom 3 Advanced

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 DJI Phantom 3

Advanced is equipped with a GPS equipment, which automatically ensures that a ground level 

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 Tri Star Aerial Imagery Seeks and the Reason Tri Star Aerial Imagery

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

Advanced during daylight hours in visual meteorological conditions (VMC), under visual

flight rules (VFR), for a total duration of 18 minutes to the first point of intended landing

and, assuming normal cruising speed, to fly after that for at least 4 minutes. Tri Star Aerial 

Imagery seeks the requested relief because without an exemption from Section

91.151(b), the flight time duration of the battery powered DJI Phantom 3 Advanced will

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

Tri Star Aerial Imagery proposes to conduct pursuant to this Petition.

5. Extent of Relief Tri Star Aerial Imagery Seeks and The Reason Tri Star Aerial Imagery

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, Tri Star Aerial Imagery requests relief

from these Sections because the DJI Phantom 3 Advanced do not require airworthiness

certificates. As set forth more fully below, the DJI Phantom 3 Advanced meet the

conditions of FMRA Section 333 for operation without an airworthiness certificate.

Accordingly, Tri Star Aerial Imagery 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 Furthermore, Tri Star Aerial Imagery

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

D. The Reasons Why Granting Tri Star Aerial Imagery 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 Tri Star Aerial Imagery to

safely, efficiently, and economically perform aerial video and photography for real estate,

special events, and landscape over certain areas of the United States. Additionally, use of the

DJI Phantom 3 Advanced will decrease congestion of the NAS, reduce pollution, and provide

significant benefits to the economy. Notably, the benefits of Tri Star Aerial Imagery proposed

operation of the DJI Phantom 3 Advanced will be realized without implicating any privacy

issues.

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

The DJI Phantom 3 Advanced 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 Advanced 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 Advanced does not require an airport to takeoff or land. Likewise, a

reduction of manned aircraft conducting aerial video and photography missions would

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

takeoff, departure, arrival, and landing phases of flight operations.

2. The Public Will Benefit from the Safety and Efficiency Of The DJI Phantom 3

Advanced.

Conducting aerial acquisitions with the DJI Phantom 3 Advanced, 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, DJI Phantom 3 Advanced

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 Advanced, while reducing the carbon footprint

of aerial acquisitions, also eliminates noise pollution, as the UA is propelled by battery

powered electric motors, rather than an internal combustion engine. By using DJI

Phantom 3 Advanced 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 Advanced (gross weight of 1.28 kilograms, a length of 59 centimeters (square size

in all dimensions), height of 10 inches, and a maximum speed of approximately 31

knots, 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).

3. Performing Aerial Video and Photography Operations With The

DJI Phantom 3 Advanced Will Benefit the Economy.

In addition to being safe and efficient, the DJI Phantom 3 Advanced are also an

economical alternative to using manned aircraft to conduct similar aerial operations. As

such, operation of DJI Phantom 3 Advanced will allow United States based companies,

like Tri Star Aerial Imagery, 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 Advanced 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 Advanced, companies such

as Tri Star Aerial Imagery, 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 Advanced, 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, Tri Star Aerial Imagery, LLC proposed operation of the DJI Phantom 3 Advanced

will not implicate any privacy issues. Specifically, the DJI Phantom 3 Advanced will be

operated only in compliance with operating documents which requires property owner

involvement and in accordance with the Federal Aviation Regulations, including the

minimum altitude requirements of 14 C.F.R. § 91.119.

E. The Reasons Why Granting the Exemption Would Not Adversely Affect Safety,

Or How the Exemption Would Provide a Level of Safety at Least Equal to That

Provided by The Rule from Which Tri Star Aerial Imagery Seeks Exemption.

1. Reasons Why DJI Phantom 3 Advanced Meets the Conditions Of The FAA

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

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

the unmanned aircraft and its operation, Tri Star Aerial Imagery operation of the DJI

Phantom 3 Advanced 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.

In seeking this exemption, Tri Star Aerial Imagery submits that the DJI Phantom 3

Advanced can operate safely in the NAS pursuant to FMRA Section 333, as

demonstrated by: (a) the characteristics of the DJI Phantom 3 Advanced; (b) the pilot

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

a. The Specifications of The DJI Phantom 3 Advanced Demonstrate Its Safe

Characteristics.

The DJI Phantom 3 Advanced 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 Advanced.

The technical specifications of the DJI Phantom 3 Advanced are set forth

in the User Manual. User Manual link is provided on Page 13 of this

document as an Appendix.

ii. The DJI Phantom 3 Advanced Autonomous Flight and Navigation

Modes Enable The UAS to Remain Within a Defined Operational

Area.

The DJI Phantom 3 Advanced may be operated in both manual and fully

autonomous flight modes. A complete description of the flight and

navigational modes is provided in the User Manual. User Manual link is

provided on Page 13 of this document as an Appendix.

iii. The DJI Phantom 3 Advanced 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 Advanced will remain

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

Phantom 3 Advanced does not reacquire control link data from the GCS,

the UAs will assume that the Control Link is lost and the UAs will return

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

takeoff position and shutdown. A complete description of the Failsafe

Functions is provided in the User Manual. User Manual link is provided

on Page 13 of this document as an Appendix.

iv. DJI Phantom 3 Advanced and Its Operation.

A complete description of the operation and specifications of the DJI

Phantom 3 Advanced and flight control software is provided in the User

Manual. User Manual link is provided on Page 13 of this document as an

Appendix.

b. Flight Operations of DJI Phantom 3 Advanced Are Limited to the Line of

Sight of a Certificated Pilot in Command with A Safety Observer.

Tri Star Aerial Imagery will only utilize certificated pilots who possess a current and

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

Phantom 3 Advanced. Additionally, a safety observer will assist all pilots during

flight time.

c. Flights of DJI Phantom 3 Advanced Will Be Conducted Pursuant To

Specific Operating Limitations.

In seeking this exemption, Tri Star Aerial Imagery proposes to commercially

operate DJI Phantom 3 Advanced for the special purpose of conducting aerial

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

following specific operating limitations:

1. Operations authorized by this grant of exemption will be limited to the
following aircraft described in the operating documents, rotorcraft UASs

weighing less than 55 pounds maximum gross weight: DJI Phantom 3 Advanced

Unmanned Aircraft System. 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 50 knots.

4. The UA must be operated at an altitude of no more than 180 feet above

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

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

reported to ATC must be in feet AGL.

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

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

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

airman medical certificate.

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

permitted.

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

satisfy the VLOS requirement as long as the PIC always maintains VLOS

capability. The SO and PIC must be able to communicate verbally at all times.

Electronic messaging or texting is not permitted during flight operations. The

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

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

perform the functions prescribed in the operating documents.

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

seeing and avoiding other air traffic and other ground based

obstacles/obstructions and is not permitted to operate the camera or other

instruments.

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

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

a discrepancy exists between the conditions and limitations contained in the

grant of exemption and the procedures outlined in the operating documents, the

conditions and limitations contained in the grant of exemption take precedence

and must be followed. Otherwise, the operator must follow the procedures as

outlined in its operating documents. The operator may update or revise its

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

and present updated and revised documents to the Administrator upon request.

The operator must also present updated and revised documents if it petitions for

extension or amendment to the grant of exemption. If the operator determines

that any update or revision would affect the basis upon which the FAA granted

the exemption, then the operator must petition for amendment to its grant of

exemption. The FAA’s UAS Integration Office (AFS-80) may be contacted if

questions arise regarding updates or revisions to the operating documents.

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

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

operation of the UAS, the aircraft is prohibited from operating until the

necessary maintenance has been performed and the UAS is found to be in a

condition for safe flight. The Ground Control Station must be included in the

preflight inspection. All maintenance and alterations must be properly

documented in the aircraft records.

11. Any UAS that has undergone maintenance or alterations that affect the UAS
operation or flight characteristics, e.g. replacement of a flight critical

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

functional test flight must make an entry in the aircraft records.

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

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

relevant sections of the operating documents.

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

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

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

keeping requirements, in accordance with the operating documents.

Maintenance, inspection, alterations, and status of replacement/overhaul

component parts must be noted in the aircraft records, including total time in

service, description of work accomplished, and the signature of the authorized

person returning the UAS to service.

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

manufacturer Safety Bulletins.

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

corrective action taken against discrepancies discovered between inspections.

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

third- class medical certificate.

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

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

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

exemption, including evasive and emergency maneuvers and maintaining

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

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

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

under the terms of the exemption. However, training operations may only be

conducted during dedicated training sessions. During training, proficiency, and

experience-building flights, all persons not essential for flight operations are

considered nonparticipants, and the PIC must operate the UA with appropriate

distance from nonparticipants in accordance with 14 C.F.R. §91.119.

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

§ 1.1. All operations must be conducted under visual meteorological conditions

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

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

rules (SVFR) are not authorized.

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

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

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

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

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

the Administrator upon request.

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

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

PIC.

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

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. 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.

26. 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.

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

operations and activities at all times.

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

vehicle.

29. 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.

30. 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. 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, Tri Star Aerial Imagery requests

that the FAA prescribe special conditions for the intended operation of the DJI Phantom

3 Advanced, which contain such safety standards that the Administrator finds

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

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

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

safe operation of the UAs for the limited purpose of conducting aerial video and

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

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

hazard to users of the NAS or the public, or otherwise pose a threat to national security;
and further, provides the authority for such UAS to operate without airworthiness

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

operation of the UAS in the NAS. Likewise, the Administrator may prescribe special conditions 

pursuant to 14 C.F.R. §21.16, for operation of the DJI Phantom 3 Advanced, 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 Tri Star 

Aerial Imagery intended operation of the DJI Phantom 3 Advanced, which contain such safety 

standards that the Administrator finds necessary to establish a level of safety equivalent to that 

established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 

91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

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

From Which Tri Star Aerial Imagery Seeks Exemption:

Tri Star Aerial Imagery seeks exemption from the requirements of 14 C.F.R Sections

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

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

A Brief Description of the Nature of the Exemption Tri Star Aerial Imagery Seeks:

This exemption will permit Tri Star Aerial Imagery to commercially operate an Unmanned

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

certain areas of the United States.

G. Any Additional Information, Views, or Arguments Available to Support Tri Star Aerial 

Imagery Request.

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

Section 333, which directs the Secretary of Transportation to determine if certain UAS may

operate safely in the NAS. As such, Tri Star Aerial Imagery 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, Tri Star Aerial Imagery will operate the DJI Phantom 3 Advanced

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

pose a threat to national security.

CONCLUSION

As set forth herein, Tri Star Aerial Imagery seeks an exemption pursuant to 14 C.F.R. § 11.61 

and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit 

safe operation of the DJI Phantom 3 Advanced 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 Tri Star Aerial Imagery to safely, efficiently, 

and economically operate the DJI Phantom 3 Advanced commercially within the NAS.

Wherefore, in accordance with the Federal Aviation Regulations and the FAA
Modernization and Reform Act of 2012, Section 333, Tri Star Aerial Imagery respectfully 

requests that the Administrator grant this Petition for an exemption from the requirements of 11

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 Tri Star Aerial Imagery to operate the DJI

Phantom 3 Advanced commercially for the purpose of conducting aerial video and photography 

over certain areas of the United States.

Dated: 7/08/15

Tri Star Aerial Imagery, LLC

_________________________

Grant Lumpkin, Owner

Tri Star Aerial Imagery, LLC

8185 Highway 22

Adamsville, Tn 38310

731-607-6468

Appendices:

DJI Phantom 3 Advanced Manual

http://download.djiinnovations.com/downloads/phantom_3/en/Phantom_3_Advanced_User_Manual_v1.4_en_0915.pdf