Ellis Creek LLC.

Petition for Exemption from certain 

Federal Aviation Regulations for the 

Purpose of Utilizing Unmanned Aircraft 

for Commercial Purposes

September 24, 2015
This exemption will permit Ellis Creek LLC to operate an Unmanned 

Aircraft System (UAS) for the commercial purpose of conducting aerial 

video and photography of residential and commercial real estate, civil 

landscapes and events over certain areas of the United States. 

INTRODUCTION AND INTERESTS OF THE PETITIONER 

Ellis Creek LLC provides their clients with expertise and knowledge in 

video and multimedia marketing, advertising, public relations and 

training using advanced technologies and solutions. Ellis Creek LLC has 

worked on many productions in all types of locations with a perfect 

client and employee safety record. The objective of Ellis Creek LLC and 

our Unmanned Aircraft System (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 

Real-estate marketing 

Economic development 

Civic landmarks 

Special event coverage 

I have safely flown small RC electric quadcopters recreationally for 

approximately 2 years without incident.

BACKGROUND Unmanned Aircraft Systems: DJI Phantom 3, UAS

Ellis Creek LLC seeks an exemption to operate DJI Phantom 3 system 

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

vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) 

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

smart phone systems. The DJI Phantom 3 has 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 of 400'. The DJI Phantom 3 is equipped 

with four main rotors; driven by Lithium Polymer battery powered 

electric motors. 

The DJI Phantom 3 that will be operated by Ellis Creek 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, Ellis Creek 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, 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, Ellis Creek LLC

operation of 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, Ellis Creek 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. 

Ellis Creek LLC submits that the requested relief is proper since an 
equivalent level of safety will be ensured. Ellis Creek LLC 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 (the DJI 

Phantom 3 Instruction Manual). Furthermore, Ellis Creek LLC will 

document and maintain all maintenance records for the 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 Ellis Creek LLC to the extent necessary to allow Ellis Creek LLC 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. 

Ellis Creek LLC seeks relief from Section 91.7(a), entitled Civil aircraft 

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

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

H. As such, Ellis Creek LLC submits that they will ensure that the 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 3 

Instruction Manual), and that the aircraft are in a condition for safe 

flight. 

Ellis Creek LLC also seeks an exemption from the requirements of 

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

will not have a typical barometric altimeter onboard. However, altitude 

information of the 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 

Ellis Creek LLC’s operation of the 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, Ellis Creek LLC seeks an exemption from the 

requirements of Section 91.151(b), entitled Fuel requirements for flight 

in VFR conditions. Ellis Creek LLC submits that safety will not be 

affected by operation of the 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, Ellis Creek LLC 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: 

Joshua Corrigan, President Ellis Creek LLC 857 Hale Street 

Charleston SC 29412 (843)732-6111 josh@elliscreekphotography.com

B. The Specific Sections of 14 C.F.R. From Which Ellis Creek LLC

Seeks Exemption. 

1. Ellis Creek LLC 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. Ellis Creek LLC 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. Ellis Creek LLC 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. Ellis Creek LLC 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. Ellis Creek LLC 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. Ellis Creek LLC 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. Ellis Creek LLC 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. Ellis Creek LLC 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 Ellis Creek LLC Seeks And The Reason Ellis 

Creek LLC Seeks The Relief. 

1. Extent Of Relief Ellis Creek LLC Seeks And The Reason Ellis Creek 

LLC 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, Ellis Creek LLC submits that an 

equivalent level of safety will be maintained because no PIC will be 

allowed to operate the DJI Phantom 3 UAS unless that PIC has met 

certain flight-hour and currency requirements, demonstrating that the 

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

consistent with the operations specifications as described in this 

exemption, including evasive and emergency maneuvers, as well as 

maintaining appropriate distances from people, vessels, vehicles and 

structures. 

Further, Ellis Creek LLC submits that all flights of the DJI Phantom 3 

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

will be incidental to Ellis Creek LLC’s business; and (2) will not carry 

passengers or property for compensation or hire. 

2. Extent Of Relief Ellis Creek LLC Seeks And The Reason Ellis Creek 

LLC 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 Ellis Creek LLC to determine 

that the DJI Phantom 3 UAS are in airworthy condition prior to every 

flight by ensuring that the UAS is in compliance with the operating 

documents (i.e., Ellis Creek LLC Aerial Operations Manual, Monthly 

Maintenance Log, and DJI Phantom 3 Instruction Manual). 

Ellis Creek LLC seeks the requested relief because the DJI Phantom 3 

UAS do not require an airworthiness certificate in accordance with 14 

C.F.R. Part 21, Subpart H. Therefore, Ellis Creek LLC will ensure that 

the DJI Phantom 3 UAS are in airworthy condition based upon its 

compliance with the operating documents (i.e., Monthly Maintenance 

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

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

and limitations below. 

3. Extent Of Relief Ellis Creek LLC Seeks And The Reason Ellis Creek 

LLC Seeks Relief From Section 91.121. 

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

to allow flight operations of the DJI Phantom 3 UAS, which utilize a 

barometric pressure sensor, GPS equipment, and a radio 

communications telemetry data link to downlink altitude information 

from the UA to the PIC at the ground control station (GCS). Since the 

FAA requires that any altitude information concerning UAS operations 

be reported to air traffic control (ATC) in feet above ground level 

(AGL), Ellis Creek LLC seeks the requested relief because the DJI 

Phantom 3 UA’s altimeter may be set on the ground to zero feet AGL, 

rather than the local barometric pressure or field altitude, before each 

flight. 

Considering the limited altitude of the proposed operations, relief from 

14 CFR 91.121 is sought to the extent necessary to comply with the 

applicable conditions and limitations stated below. As more fully set 

forth herein, an equivalent level of safety will be maintained since the 

DJI Phantom 3 UAS are equipped with a barometric pressure sensor and 
GPS equipment, which automatically ensures that a ground level 

pressure setting will be established prior to each flight, and provides the 

PIC with altitude information of the UA on the heads-up display of the 

GCS. 

4. Extent Of Relief Ellis Creek LLC Seeks And The Reason Ellis Creek 

LLC Seeks Relief From Section 91.151(b). 

Relief from Section 91.151(b) entitled Fuel requirements for flight in 

VFR conditions, is requested to the extent required to allow flights of the 

battery powered DJI Phantom 3 UAS during daylight hours in visual 

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

total duration of 23 minutes. Ellis Creek LLC seeks the requested relief 

because without an exemption from Section 91.151(b), the flight time 

duration of the 

battery powered DJI Phantom 3 UAS will severely constrain the 

practicality of any aerial video or still photo flight operations that Ellis 

Creek LLC proposes to conduct pursuant to this Petition. 

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

Phantom 3 UAS, the DJI Phantom 3 operating documents, and Ellis 

Creek LLC’s proposed operating limitations, ensure that Ellis Creek 

LLC will safely operate the battery powered DJI Phantom 3 UAS during 

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

flight rules (VFR), with enough battery power to fly for a total duration 

of 23 minutes. 

5. Extent Of Relief Ellis Creek LLC Seeks And The Reason Ellis Creek 

LLC 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, 

Ellis Creek LLC requests relief from these Sections because the DJI 

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

more fully below, the DJI Phantom 3 UAS meet the conditions of 
FMRA Section 333 for operation without an airworthiness certificate. 

Accordingly, Ellis Creek LLC 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 (the DJI Phantom 3 Instruction Manual). Furthermore, Ellis 

Creek LLC will document and maintain all maintenance records for the 

DJI Phantom 3 UAS. 

D. The Reasons Why Granting Ellis Creek LLC 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 

Ellis Creek LLC to safely, efficiently, and economically perform aerial 

video and photography of real estate, events and civic landscape over 

certain areas of the United States. 

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

the NAS, reduce pollution, and provide significant benefits to the 

economy. Notably, the benefits of Ellis Creek LLC’s proposed operation 

of the DJI Phantom 3 UAS will be realized without implicating any 

privacy issues. 

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

The DJI Phantom 3 UAS are battery powered and serve as a safe, 

efficient, and economical alternative to the manned aircraft traditionally 

utilized to obtain aerial imagery. By reducing the 

amount of manned aircraft needed to perform aerial acquisitions, an 

exemption allowing the use of a DJI Phantom 3 UAS would reduce the 

amount of manned aircraft in the NAS, reduce noise and air pollution, as 

well as increase the safety of life and property in the air and on the 

ground. 

Furthermore, by reducing the number of manned aircraft operating in the 

NAS, congestion around airports caused by arriving and departing 
aircraft will be reduced. The DJI Phantom 3 UAS do not require an 

airport to takeoff or land. Likewise, a reduction of manned aircraft 

conducting aerial video and photography missions would result in fewer 

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

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

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

Phantom 3 UAS. 

Conducting aerial acquisitions with the DJI Phantom 3 UAS, instead of 

manned aircraft, will greatly benefit the public by drastically reducing 

the levels of air and noise pollution generated during traditional aerial 

video and still photography flight operations. By using battery power 

and electric motors, the DJI Phantom 3 UAS produce no air pollution, 

and is the most viable environmentally conscious alternative to the cabin 

class, six cylinder internal combustion engine aircraft that are typically 

utilized for aerial video and photography, while burning approximately 

20-30 gallons per hour of leaded aviation fuel. The DJI Phantom 3 UAS, 

while reducing the carbon footprint of aerial acquisitions, also eliminates 

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

motors, rather than an internal combustion engine. 

By using the DJI Phantom 3 UAS to perform aerial acquisitions, the 

substantial risk to life and property in the air and on the ground, which is 

usually associated with traditional manned aircraft flight operations, will 

be substantially reduced or completely eliminated. Aside from the lack 

of flight crew members located onboard the aircraft, the DJI Phantom 3 

UAS (weighing approximately 2.8 pounds at their maximum gross 

weight with diagonal dimension of 23.2 inches, and with no fuel on 

board), has less physical potential for collateral damage to life and 

property on the ground, and in the air, compared to the manned aircraft

that typically conduct similar operations (weighing approximately 6,000 

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

and a fuel capacity of 180 gallons). 

3. Performing Aerial Video and Photography Operations With The DJI 
Phantom 3 UAS Will Benefit The Economy. 

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

an economical alternative to using manned aircraft to conduct similar 

aerial operations. As such, operation of the DJI Phantom 3 UAS will 

allow United States based companies, like Ellis Creek LLC, to remain 

competitive and contribute to growth of the U.S. economy. Specifically, 

with the rising cost of aviation fuel and the Environmental Protection 

Agency (“EPA”) regulatory actions phasing out leaded aviation fuels, 

U.S. owned and operated companies must adopt new and alternative 

technology in order to remain competitive. Operating the battery 

powered DJI Phantom 3 UAS is one such technology that not only 

allows companies greater operational 

flexibility compared to manned aircraft, but provides such flexibility 

without the high operational cost of a traditional manned aircraft. 

By operating the DJI Phantom 3 UAS, companies such as Ellis Creek 

LLC, can remain competitive and profitable, and therefore, provide 

greater job stability to employees and contractors, which will ultimately 

contribute to growth of the U.S. economy. Improved financial 

performance of U.S. companies, through commercial use of the DJI 

Phantom 3 UAS, provides a stable workforce that increases consumer 

spending; improves local, state, and federal tax revenues; and allows 

companies to invest in research and development in order to remain 

competitive both in the United States and abroad. 

4. There Are No Privacy Issues. 

Ellis Creek LLC’s proposed operation of the DJI Phantom 3 UAS will 

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

will be operated only in compliance with operating documents (the DJI 

Phantom 3 Instruction Manual) 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 The 

Ellis Creek LLC Seeks Exemption. 

1. Reasons Why The 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, Ellis Creek 

LLC’s operation of the 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, Ellis Creek LLC submits that the 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 3 UAS; (b) the pilot certification requirement; and (c) the 

specific operating limitations. 

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

Characteristics. 

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

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

size, weight, speed, and operational capability. 

i. Technical Specifications Of The DJI Phantom 3 UAS. 

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

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

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

To Remain Within A Defined Operational Area. 

The DJI Phantom 3 UAS may be operated in both manual and global 

positioning flight modes. A complete description of the flight and 

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

of the DJI Phantom 3 User Manual attached hereto as Appendix A. 

iii. The DJI Phantom 3 UAS Are Designed For Automatic Return To 

Home Point Or Hover In The Event Of Loss Of The Control Link Or 
Navigation. 

When the Control Link is lost, the DJI Phantom 3 UAS will remain 

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

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

UAS will assume that the Control Link is lost and the will return to the 

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

takeoff position and shutdown. 

A complete description of the Failsafe Functions of the DJI Phantom 3 

UAS are set forth at pages 12 through 14 of the DJI Phantom 3 User 

Manual, attached hereto as Appendix A. 

iv. The DJI Phantom 3 GCS And Its Operation. 

A complete description of the operation and specifications of the DJI 

Phantom 3 GCS and flight control software is provided at pages 23 

through 29 of the DJI Phantom 3 User Manual. DJI Phantom 3 User 

Manual is attached hereto as Appendix A. 

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

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

Ellis Creek LLC video production staff will be the only persons to act as 

a pilot in command (PIC) of the DJI Phantom 3 UAS. Additionally, a 

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

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

Specific Operating Limitations. 

In seeking this exemption, Ellis Creek LLC proposes to commercially 

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

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

the following specific operating limitations. 

1. Operations authorized by this grant of exemption will be limited to the 

following aircraft described in the operating documents, rotorcraft UAS 

weighing less than 55 pounds maximum gross weight: DJI Phantom 3 
Unmanned Aircraft Systems. Proposed operations of any other aircraft 

will require a new petition or a petition to amend this grant. 

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

operations for the purpose of aerial video and photography. 

3. The UAS may not be flown at an indicated airspeed exceeding 20 

knots. 

4. The UA must be operated at an altitude of no more than 400 feet 

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

the operating documents unless a special request is made and approved 

by ATC. All altitudes reported to ATC must be in feet AGL. 

5. The UAS must be operated within visual line of sight (VLOS) of the 

PIC at all times. This requires the PIC to be able to use human vision 

unaided by any device other than corrective lenses, as specified on the 

PIC’s 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 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. 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. 

18. 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. 

19. 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. 

20. If the UA loses communications or loses its GPS signal, it must 
return to a pre- determined location within the planned operating area 

and land or be recovered in accordance with the operating documents. 

21. The PIC must abort the flight in the event of unpredicted obstacles or 

emergencies in accordance with the operating documents. 

22. 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. 

23. 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. 

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

aviation operations and activities at all times. 

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

or vehicle. 

26. 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). 

27. 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. 

28. 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. 

Ellis Creek LLC submits that the equivalent level of safety established 

by Section 61.113(a) and (b) will be maintained because no PIC will be 

allowed to operate the DJI Phantom 3 UAS unless that PIC has 

demonstrated, by meeting minimum flight-hour and currency 

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

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

emergency maneuvers and maintaining appropriate distances from 

people, vessels, vehicles and structures. 

Considering Ellis Creek LLC’s proposed area of operations, manned 

airmanship experience of a commercially certificated pilot would not 

correlate to the airmanship skills necessary for Ellis Creek LLC’s 

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). 

Ellis Creek LLC will not allow any PIC to operate the DJI Phantom 3 

UAS unless that PIC has demonstrated, by meeting minimum flight-hour 

requirements or the DJI Phantom 3 UAS training and currency 

requirements, that the PIC is able to safely operate the 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). 

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, Ellis Creek LLC will ensure 

that the 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. 
The equivalent level of safety established by Section 91.121 will be 

maintained because the altitude information of the 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 Ellis Creek LLC’s operation of the 

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 3 UAS; (2) the limitations 

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

flight operations. Accordingly, Ellis Creek LLC will ensure that it will 

safely operate the battery powered 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 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 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 3 UAS will 

descend and land automatically. 

Significantly, previous exemptions granted by the FAA concerning 

Section 91.151 establish that safety is not adversely affected when the 

technical characteristics and operating limitations of the UAS are 

considered. Relief has been granted for manned aircraft to operate at less 

than the minimums prescribed in Section 91.151, including Exemption 

Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted 

relief from Section 91.151 specific to UAS, in circumstances similar, in 

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

8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067,

11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 

11158, 11159, 11160, 11161). 

6. Reasons Why An Exemption From The Requirements Of Sections 

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

Would Not Adversely Affect Safety. 

In seeking this exemption, Ellis Creek LLC 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 The Ellis 

Creek LLC 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 ( the 

DJI Phantom 3 Instruction Manual). Furthermore, Ellis Creek LLC will 

document and maintain all maintenance records for the DJI Phantom 3 

UAS. 

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

operating documents, Ellis Creek LLC will maintain the equivalent level 
of safety established by Sections 91.405(a), 91.409(a)(1), and 

91.409(a)(2). A copy of the DJI Phantom 3 User Manual is attached 

hereto as Appendix A.

Likewise, the exemption sought will not adversely affect safety because 

Ellis Creek LLC will use trained technicians to perform maintenance, 

alterations or preventive maintenance on the UAS using the methods, 

techniques, and practices prescribed by the operating documents. 

Furthermore, the exemption sought would maintain an equivalent level 

of safety established by Sections 91.407, 91.417(a) and 91.417(b), 

because all maintenance of the DJI Phantom 3 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 Ellis Creek LLC’s proposed operating limitations, 

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

UAS, Ellis Creek LLC 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). 

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, 

Ellis Creek LLC requests that the FAA prescribe special conditions for 

the intended operation of the DJI Phantom 3 UAS, which contain such 

safety standards that the Administrator finds necessary to establish a 
level of safety equivalent to that established by 14 C.F.R. Part 21, 

Subpart H, and 14 C.F.R §§ 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 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 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 Ellis Creek LLC Seeks Exemption: 

Ellis Creek LLC 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 Ellis Creek LLC

Seeks: 

This exemption will permit Ellis Creek LLC 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 Ellis Creek LLC’s 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, Ellis 

Creek LLC’s 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, Ellis Creek LLC will operate the 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. 

CONCLUSION 

As set forth herein, Ellis Creek LLC 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 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 Ellis Creek LLC to safely, 

efficiently, and economically operate the 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, Ellis 

Creek LLC 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 Ellis Creek LLC

to operate the DJI Phantom 3 UAS commercially for the purpose of 

conducting aerial video and photography over certain areas of the United 

States. 

Dated: September 24, 2015 Respectfully submitted, 

Joshua Corrigan, President,Ellis Creek LLC 857 Hale Street Charleston 

SC 29412 (843)732-6111 josh@elliscreekphotography.com

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

http://download.djiinnovations.com/downloads/phantom_3/en/Phantom_3_Professional_Us
er_Manual_v1.2_en.pdf