U.S. Department of Transportation

Docket Management System

1200 New Jersey Avenue, SE 

Washington, D.C. 20590

Aerial Media Productions

Anthony McCurdy and Matt Arch

75 Holly Glen Lane

Cape May Court House NJ 08210

BASIS FOR PETITION

Petitioner, Aerial Media Productions (hereinafter “Aerial Media”), 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 Inspire 1 and DJI Phantom 3, in the National 

Airspace System (NAS), and for an exemption from the requirements of:

14 C.F.R §§ 61.113(a) & (b)

14 CFR 45.23(b)

91.7(a), 

91.109,

91.119,

91.121,

91.151, 

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

Name and Address of the Petitioner:

The name and address of the Petitioner and Point of Contact is:

AERIAL MEDIA PRODUCTIONS

ATTN: ANTHONY McCURDY

75 HOLLY GLEN LANE

CAPE MAY COURT HOUSE NJ 08210

CELL: 609-332-1423

EMAIL: sales@aerialmedianj.com
PREFACE:

The Federal Aviation Act expressly grants the FAA the authority to issue 

exemptions. This statutory authority by its terms includes exempting civil aircraft, 

as the term is defined under §40101 of the Act, that includes UAS, from the 

requirement that all civil aircraft must have a current airworthiness certificate.

The Administrator may grant an exemption from a requirement of a regulation 

prescribed under subsection (a) or (b) of this section or any sections 44702 -

44716 of this title if the Administrator finds the exemption in the public interest. 

49 U.S.C. §44701(f) See also 49 USC §44711(a); 49 USC §44704; 14 CFR §91.203 

(a) (1). 

Aerial Media proposes to use two UAS: one (1) DJI INSPIRE 1 and one (1) DJI 

PHANTOM 3 for the following purposes:

 Aerial photography and/or videography for public and/or private use 

including real estate, architecture, land surveying, engineering and other 

related professional activities.

 Aerial photography, videography and/or providing live video feed for public 

and/or private use including television, public events, videography and 

news gathering.

 Aerial inspection/photography of residential/commercial structures under 

contract with the owners or local government authority.

 Aerial video/photography or providing live video feed (so as long as all 

other parameters are met contained herein) to assist with search and 

rescue operations in cases of an emergency or natural disaster only when 

the local authorities or government has requested it by contract or 

donation.

 The ability to offer training to persons individually or belonging to both 

private and/or public organizations that have interests in the use and 

application of a UAS for the purpose of the safe operation of a UAS to 

enhance the safety of the National Airspace System (NAS) as well as for the 

protection of the persons and property.

Both UAS are quadcopters with four rotors and four motors and are only capable 

of vertical take-off and landing. These UAS weigh less than 55 pounds including 

payload. The Inspire 1 can reach a maximum airspeed of 49 mph (22 
meters/second) in non-GPS mode with perfect flight conditions. The Phantom 3 

can reach a maximum airspeed of 36 mph (16 meters/second) in non-GPS mode

with similarly perfect flight conditions. NOTE: Aerial Media does not fly either 

UAS in non-GPS mode or anywhere near top speed. Both can hover and move 

simultaneously in both the vertical and horizontal plane. Both are also equipped 

with GPS and auto-return function to the predetermined safe landing area as well 

as allowing reading of magnetic interference that can cause loss of GPS signal. 

Aerial Media will operate both UAS only in visual line of sight and in such a 

manner as to ensure the UAS will “not create a hazard to users of the national 

airspace system or the public.” (Reform Act Section 333 (b)). 

This exemption application is expressly submitted to fulfill Congress’ goal in 

passing Section 333(a) through (c) of the Reform Act. This law directs the 

Secretary of Transportation to consider whether certain unmanned aircraft 

systems may operate safely in the national airspace system (NAS) before 

completion of the rule making required under Section 333 of the Reform Act. In 

making this determination, the Secretary is required to determine which types of 

UAS do not create a hazard to users of the NAS or the public or pose a threat to 

national security in light of the following:

• The UAS’s size, weight, speed and operational capability;

• Operation of the UAS in close proximity to airports and populated areas; 

and

• Operation of the UAS within visual line of sight of the operator.

Reform Act § 333 (a). Secretary determines that such vehicles “may operate safely 

in the national airspace system, the Secretary shall establish requirements for the 

safe operation of such aircraft in the national airspace system.” Id. §333(c).

The Federal Aviation Act expressly grants the FAA the authority to issue 

exemptions. This statutory authority by its terms includes exempting civil aircraft, 

as the term is defined under §40101 of the Act, that includes UAS, from the 

requirement that all civil aircraft must have a current airworthiness certificate.

The Administrator may grant an exemption from a requirement of a regulation 

prescribed under subsection (a) or (b) of this section or any sections 44702 -
44716 of this title if the Administrator finds the exemption in the public interest. 

49 U.S.C. §44701(f) See also 49 USC §44711(a); 49 USC §44704; 14 CFR §91.203 

(a) (1).

RELIEF OVERVIEW:

Given the small size of the UAS involved and the restricted sterile environment 

within which they will operate, the applicant falls squarely within that zone of 

safety (an equivalent level of safety) in which Congress envisioned that the FAA 

must, by exemption, allow commercial operations of UASs to commence 

immediately. Also due to the size of the UAS and the restricted areas in which the 

relevant UAS will operate, approval of the application presents no national 

security issue.

Given the clear direction in Section 333 of the Reform Act, the authority 

contained in the Federal Aviation Act, as amended; the strong equivalent level of 

safety surrounding the proposed operations, and the significant public benefit, 

including enhanced safety, reduction in environmental impacts, including reduced 

emissions associated with allowing UAS for aerial inspections, surveying and 

photography and videography, the grant of the requested exemptions is in the 

public interest. Accordingly, the applicant respectfully requests that the FAA grant 

the requested exemption without delay.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY:

Aerial Media proposes that the exemption requested herein apply to civil aircraft 

that have the characteristics and that operate with the limitations listed herein. 

These limitations provide for at least an equivalent or even higher level of safety 

to operations under the current regulatory structure because the proposed 

operations represent a safety enhancement to the already safe aerial inspections, 

surveying and photography and videography operations conducted with 

conventional aircraft.

These limitations and conditions to which Aerial Media agrees to be bound when 

conducting commercial operations under an FAA issued exemption include:

1. Both UAS will weigh less than 55 lbs.

2. Flights will be operated within visual line of sight of a pilot and/or observer.

3. Maximum total flight time for each operational flight will be 20 minutes or less.
Flights will be terminated at 25% battery power reserve should that occur prior to 

the 20 minute limit.

4. Flights will be operated at an altitude of no more than 400 feet AGL.

5. Minimum crew for each operation will consist of the UAS Pilot and the Visual

Observer.

6. The UAS will only operate within a confined sterile closed-set area with a set 

safety perimeter, the boundaries of which will be determined by the UAS PIC 

based on the site-specific activities and speed of the UAS required for the 

operation, and coordinated with the jurisdictional FAA FSDO and local 

government officials as applicable.

7. Visual Observer and PIC will at all times be able to communicate by voice 

and/or 2-way hands-free radio or wireless communication system.

8. Written and/or oral permission from the relevant property holders will be 

obtained.

9. If applicable, all required permissions and permits will be obtained from 

territorial, state, county or city jurisdictions, including local law enforcements, 

fire, or other appropriate governmental agencies.

10. If the UAS loses communications or loses its GPS signal, the UAS will have the 

capability to return to a pre-determined safe location and land safely.

11. The UAS will have the capability to abort flight in case of unpredicted 

obstacles or emergencies.

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1)

Subpart H, entitled Airworthiness Certificates, establishes the procedural 

requirements for the issuance of airworthiness certificates as required by FAR 

§91.203 (a) (1). Given the size and limited operating area associated with the 

aircraft to be utilized by the Applicant, an exemption from Part 21 Subpart H 

meets the requirements of an equivalent level of safety under Part 11 and Section 

333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 

333 of the Reform Act both authorize the FAA to exempt aircraft from the 

requirement for an airworthiness certificate, upon consideration of the size, 

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

areas of the particular UAS. In all cases, an analysis of these criteria demonstrates 

that the UAS operated without an airworthiness certificate, in the restricted 

environment and under the conditions proposed will be at least as safe, or safer, 

than a conventional aircraft (fixed wing or rotorcraft) operating with an 

airworthiness certificate without the restrictions and conditions proposed. In 
consideration of the speed, weight, size, and limited operating area associated 

with the UAS and its operation, Aerial Media’s operation of the DJI Inspire 1 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, Aerial Media 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. Aerial Media submits that the requested relief is proper since an 

equivalent level of safety will be ensured. Aerial Media will use experienced 

personnel or technicians as needed 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 

Inspire 1 and DJI Phantom 3 Instruction Manuals). Furthermore, Aerial Media will 

document and maintain all maintenance records for the DJI Inspire 1 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 Aerial Media to 

the extent necessary to allow a Pilot in Command (PIC) to meet or exceed the 

described requirements of operations set by manufacturer, and who has 

demonstrated, that the PIC is able to safely operate the DJI Inspire 1 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. 

Aerial Media seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, 

because the DJI Inspire 1 and DJI Phantom 3 UAS do not require an airworthiness 

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

submits that the PIC will ensure that the DJI Inspire 1 and/or 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 Inspire 1 and DJI Phantom 3 Instruction Manuals), and that the aircraft are in a 

condition for safe flight. 
Aerial Media also seeks an exemption from the requirements of Section 91.109, 

titled Flight Instruction. This regulation provides that "No person may operate a 

civil aircraft that is being used for flight instruction unless that aircraft has fully 

functioning dual controls." The controls for a UAS do not currently have a set of 

fully functioning dual controls. If a UAS pilot is being trained, the pilot performing 

the training would be directly supervising and could take over the controls from 

the pilot in training if the need arose. This would be similar to the technique of a 

"throw-over type" control wheel in some fixed wing aircraft. This technique 

meets the intent 91 .109 and provides an equivalent level of safety. In addition, 

any training would be performed in a designated RC aircraft flying area or similar 

area with no spectators or other people in the area and following all safety 

guidelines to ensure the safety of the pilot, observer and trainee(s).

In addition, Aerial Media requests an exemption from the requirements of Section 

91.119, titled Minimum safe altitudes. This regulation provides that over sparsely 

populated areas the aircraft cannot be operated closer than 500 feet to any 

person, vessel, vehicle, or structure. Since the proposed uses would include flights 

involving photography, videography or survey of persons, vessels, vehicles or 

structures, it would be necessary to operate closer than 500 feet to the items 

listed. Operations will only be flown over property or persons where permission 

has been obtained, and careful pre-planning has been performed including taking 

weather conditions and wind speeds into account, identifying potential obstacles 

or threats and aggressive use of the visual safety observer to maintain safe 

distances and flight paths. Further, UAS aircraft operate at a very slow airspeed, 

and a low mass, and do not need as much space to operate safely, as outlined in 

91.119. Aerial Media asserts that the slower speed, smaller mass and careful preplanning would provide an equivalent level of safety. Furthermore, Aerial Media

can place warning signs, barriers and/or structures to sufficiently protect

nonparticipating person from the UAS or debris in the event of an accident.

Aerial Media also seeks an exemption from the requirements of Section 91.121, 

titled Altimeter Settings, as the DJI Inspire 1 and DJI Phantom 3 will not have a 

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

Inspire 1 and DJI Phantom 3 will be provided to the PIC via Global Positioning 

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

downlinks from the UAS to the GCS for active monitoring of the flight path. This 

altitude information, combined with Aerial Media’s operation of the DJI Inspire 1
or 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, Aerial Media seeks an exemption from the requirements of Section 

91.151, entitled Fuel requirements for flight in VFR conditions. This regulation 

provides that no person may begin a flight in an airplane under day-VFR 

conditions unless there is enough fuel to fly to the first point of intended landing

and to fly after that for at least 30 minutes, the intention of this paragraph being 

to provide a reasonable reserve of energy to plan for a safe landing should there 

be a delay in landing. Given the close proximity to the ground station, the ability 

for the UAS to land in a very small space and the built in energy level monitoring 

of the UAS there is a resulting equivalent level of safety if the flight is planned to 

be completed with 20% battery energy remaining. Aerial Media requests an 

exemption to the word "fuel" and ask for an equivalent interpretation with the 

word "energy".

REASONS FOR RELIEF FROM THE LISTED SECTIONS ABOVE: 

1. Section 61.113(a) & 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 

meet all requirements as described in the DJI Inspire 1 owner’s manual 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, Aerial Media submits that an equivalent level of 

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

1 or DJI Phantom 3 UAS unless that PIC has demonstrated that the PIC is able to 

safely operate either the DJI Inspire 1 or 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.
Furthermore, Aerial Media submits that all flights of the DJI Inspire 1 or DJI 

Phantom 3 UAS, conducted by the PIC pursuant to the grant of this Petition: (1) 

will be incidental to Aerial Media’s business; and (2) will not carry passengers or 

property for compensation or hire.

2. 91.7(a). 

Relief from Section 91.7(a) entitled Civil aircraft airworthiness, is requested to the 

extent required to allow Aerial Media to determine that the DJI Inspire 1 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., the Monthly 

Maintenance Log, and DJI Inspire 1 and DJI Phantom 3 Instruction Manuals). 

Aerial Media seeks the requested relief because the DJI Inspire 1 and DJI Phantom 

3 UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 

21, Subpart H. Therefore, Aerial Media will ensure that the DJI Inspire 1 and DJI 

Phantom 3 UAS are in airworthy condition based upon its compliance with the 

operating documents (i.e., the Monthly Maintenance Log, and DJI Inspire 1 and 

DJI Phantom 3 Instruction Manuals) prior to every flight, and further, determine 

that the UAS are in condition for safe flight, as stated in the conditions and 

limitations below.

3. 91.121. 

Relief from Section 91.121, entitled Altimeter settings, may be required to allow 

flight operations of the DJI Inspire 1 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), Aerial Media seeks the requested relief because the DJI 

Inspire 1 and DJI Phantom 3 UAS 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 Inspire 1 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 UAS on 

the heads-up display of the GCS. 

4. 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 Inspire 1 and DJI Phantom 3 UAS during daylight hours in visual 

meteorological conditions (VMC), under visual flight rules (VFR), for flights

planned to be completed with 20% battery energy remaining. Aerial Media seeks 

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

flight time duration of the battery powered DJI Inspire 1 and DJI Phantom 3 UAS

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

operations that Aerial Media proposes to conduct pursuant to this Petition. 

Significantly, as set forth below, the technical specifications of the DJI Inspire 1

and DJI Phantom 3 UAS, the DJI Inspire 1 and DJI Phantom 3 operating 

documents, and Aerial Media’s proposed operating limitations, ensure that Aerial 

Media will safely operate the battery powered DJI Inspire 1 and DJI Phantom 3

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

flight rules (VFR), with flights planned to be completed with 20% battery energy 

remaining.

14 CFR 45.23(b)

Marking of the Aircraft;

Applicable codes of Federal Regulation require aircraft to be marked according to 

certain specifications. Aerial Media UAS are, by definition, unmanned. They 

therefore do not have a cabin, cockpit or pilot station on which to mark certain 

words or phrases. Further, two inch lettering is difficult to place on such small 

aircraft. The FAA has previously issued exemptions to this regulation through 

Exemptions No 10167 and 10700.

5. 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, Aerial Media requests 

relief from these Sections because the DJI Inspire 1 and DJI Phantom 3 UAS do not 

require airworthiness certificates. As set forth more fully below, the DJI Inspire 1

and DJI Phantom 3 UAS meet the conditions of FMRA Section 333 for operation 
without an airworthiness certificate. Accordingly Aerial Media 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 Monthly Maintenance Log, and DJI Inspire 1 and 

DJI Phantom 3 Instruction Manuals). Furthermore, Aerial Media will document 

and maintain all maintenance records for the DJI Inspire 1 and DJI Phantom 3

UAS. 

PUBLIC BENEFIT TO GRANTING RELIEF UNDER PETITION:

Granting the present Petition will further the public interest by allowing Aerial 

Media to safely, efficiently, and economically perform aerial photography, 

videography, surveys and inspections of real estate, construction sites, 

undeveloped natural areas, and other locations where such work is appropriate 

and necessary, in support of other businesses attempts to develop and grow their 

opportunities for commerce. This exemption application is expressly submitted to 

fulfill Congress’ goal in passing Section 333(a) through (c) of the Reform Act. This 

law directs the Secretary of Transportation to consider whether certain 

unmanned aircraft systems may operate safely in the national airspace system 

(NAS) before completion of the rule making required under Section 332 of the 

Reform Act. In making this determination, the Secretary is required to determine 

which types of UAS do not create a hazard to users of the NAS or the public or 

pose a threat to national security in light of the following:

• The UAS’s size, weight, speed and operational capability;

• Operation of the UAS in close proximity to airports and populated areas; 

and

• Operation of the UAS within visual line of sight of the operator.

Reform Act 

§ 333 (a). Lastly, if the Secretary determines that such vehicles “may operate 

safely in the national airspace system, the Secretary shall establish requirements 

for the safe operation of such aircraft in the national airspace system.” Id. 

§333(c).

Given the small size of the UAS involved and the nature of their intended use, the 

applicant falls squarely within that zone of safety (an equivalent level of safety) in 

which Congress envisioned that the FAA must, by exemption, allow commercial 

operations of UASs to commence immediately. Also due to the size of the UAS 

and their intended use, approval of the application presents no national security 
issue. Given the clear direction in Section 333 of the Reform Act, the authority 

contained in the Federal Aviation Act, as amended; the strong equivalent level of 

safety surrounding the proposed operations, and the significant public benefit, 

including enhanced safety, reduction in environmental impacts, including reduced 

emissions associated with allowing UASs for aerial photography and videography, 

the grant of the requested exemptions is in the public interest. 

Accordingly, the applicant respectfully requests that the FAA grant the requested 

exemption without delay.

REASONS FOR PUBLIC BENEFIT:

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

The DJI Inspire 1 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 such aerial photography and videography, an exemption allowing the use 

of a DJI Inspire 1 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 Inspire 1 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 Inspire 1 and 

DJI Phantom 3 UAS. 

Conducting aerial photography and videography with the DJI Inspire 1 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 photography and videography flight operations. By using battery 

power and electric motors, the DJI Inspire 1 and DJI Phantom 3 UAS produce no 

air pollution, and are 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 Inspire 1 and DJI Phantom 3 UAS, 

while reducing the carbon footprint of aerial photography and videography, also 

eliminate noise pollution, as the UAS are propelled by battery powered electric 

motors, rather than an internal combustion engine. 

By using the DJI Inspire 1 and DJI Phantom 3 UAS to perform aerial photography 

and videography, the substantial risk to life and property in the air and on the 

ground usually associated with traditional manned aircraft flight operations will 

be substantially reduced or completely eliminated. Aside from the lack of flight 

crew members located on-board the aircraft, the DJI Inspire 1 and DJI Phantom 3 

UAS (weighing respectively about 6.5 pounds and 2.8 pounds with diagonal 

lengths of about 23 inches and carrying no fuel or other combustibles 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 Photography, Videography, Surveys, Inspections, and Other

Operations With The DJI Inspire 1 and DJI Phantom 3 UAS Will Benefit The 

Economy. 

In addition to being safe and efficient, the DJI Inspire 1 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 Inspire 1 and DJI Phantom 3 UAS 

will allow U.S.-based companies, like Aerial Media, 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 Inspire 1 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 Inspire 1 and DJI Phantom 3 

UAS, companies such as Aerial Media 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 Inspire 1 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, Aerial Media’s proposed operation of the DJI Inspire 1 and 

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

Inspire 1 and DJI Phantom 3 UAS will be operated only in compliance with

operating documents (i.e., the Aerial Media Standard Operating Procedures, the

Monthly Maintenance Log, and DJI Inspire 1 and DJI Phantom 3 Instruction 

Manuals) which require 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. 

REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY EFFECT 

SAFETY:

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

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

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

with the unmanned aircraft and its operation, Aerial Media operation of the DJI 

Inspire 1 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. In seeking this exemption, Aerial Media submits that the DJI Inspire 1

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

333, as demonstrated by the characteristics of the DJI Inspire 1 and DJI Phantom 3 

UAS. Both UAS are designed to hover and/or return to a safe home point in the 

event of loss of the control link with the GCS.

During all flights of either the DJI Inspire 1 or DJI Phantom 3 UAS, the PIC will be 

assisted by a visual safety observer to maintain safe visual line of sight tracking

and control of the UAS. All flights will be conducted solely for the purpose of 

performing aerial photography, videography, surveys and inspections, not to carry 

passengers or cargo for hire.
Due to the design of the DJI Inspire 1 and DJI Phantom 3 UAS, neither UAS is able 

to exceed the maximum allowed airspeed under prior FAA exemptions. The UA 

may not be flown at an indicated airspeed exceeding 45 knots. Neither UAS 

reaches the 55 pound threshold since both weigh under 10 pounds including 

battery and camera payload. The maximum operating altitude is set at 400 feet in 

the navigation software for both UAS and the software provides both a visual and 

audio warning regarding the approaching maximum altitude.

PERSONAL STATEMENTS AND BACKGROUND:

Anthony McCurdy and Matt Arch are partners in Superhero Media LLC, a New 

Jersey veteran-owned limited liability company operating as Aerial Media 

Productions. Both partners are public school teachers pursuing a dream of 

establishing a seasonal business combining their interests, experience and talent 

in photography, videography and RC aircraft. Located in the southern tip of New 

Jersey, Aerial Media operates mostly in rural and suburban areas and occasionally 

(if they are lucky) by the beach. 

As a company, Aerial Media has both UAS insurance through Costello Aviation 

Insurance and commercial liability through Farmers Insurance. Matt Arch has 

more recent experience with RC aircraft and is an excellent pilot while Anthony 

McCurdy typically acts as visual safety observer, though Anthony is training to be 

the main pilot on the Phantom 3. Matt Arch has over 200 hours of flight time 

recreationally on both the DJI Phantom and Inspire 1 craft and Anthony McCurdy 

has over 50 hours on the DJI Phantom series. While both hold driver’s licenses, 

and Anthony McCurdy has driven everything from a Suzuki 450E to an M113 APC, 

neither partner is a licensed pilot nor are either interested in actually flying a 

small aircraft, but they are investigating obtaining ground training and simulator 

training to expand on their experience and capabilities as UAS pilots and are 

willing to take additional coursework and pay licensure fees to be able to operate 

their UAS commercially. The main focus for both pilots is safety during flight 

operations, both for themselves and others as well as their equipment and others’ 

property. From a practical perspective, neither partner wants to endanger the 

almost $6,000 they have invested in their UAS, cameras and gear. Both are very 

familiar with the DJI Operator Manuals for both the DJI Inspire 1 and the DJI 

Phantom 3 and work hard to stay on top of developments in the industry as well 

as how UAS are being used in the community.
They have already met with local police and municipal code inspectors regarding 

how UAS could be valuable in promoting public safety and ensuring compliance 

with local conservation and land use ordinances. In addition, they have inspired 

some of their middle school students to purchase their own small UAS to fly as 

hobbyists and even to express an interest in engineering and technological 

development as a potential career. Obtaining this exemption will be a major step 

forward in making this dream a reality.

Respectfully submitted,

Anthony McCurdy

Aerial Media Productions