United States of America

Department of Transportation

Docket Operations

Federal Aviation Administration

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

TERI L. VOGT­ROSE

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS

§21.175 , §45.23, §61 Subpart J, §61.98, §61.99, §61.101

§61.113(a) & (b), §91.7(a), §91.9(b) (2), §91.109 (2), §91.119 (c), §91.121,

§91.151 (a) (1), §91.405(a), §91.407 (a) (1), §91.409 (a) (1), §91.417 (a) & (b)

CONCERNING CIVIL OPERATION OF A DJI PHANTOM 3 PROFESSIONAL

UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012

Submitted on February 24, 2016

Teri L. Vogt‐Rose

106 Martin Rd.

Chattanooga, TN 37415

mrs.mongo@gmail.com
CODE OF FEDERAL REGULATIONS

SEC. 333. SPECIAL RULES FOR CERTAIN UNMANNED AIRCRAFT SYSTEMS.​(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.

Title 14

Section 14 C.F.R. Part 21, Subpart H §21.175

Airworthiness certificates: classification.

(a) Standard airworthiness certificates are airworthiness certificates issued for aircraft type

certificated in the normal, utility, acrobatic, commuter, or transport category, and for manned

free balloons, and for aircraft designated by the FAA as special classes of aircraft.

(b) Special airworthiness certificates are primary, restricted, limited, light‐sport, and

provisional airworthiness certificates, special flight permits, and experimental certificates.

§45.23 Display of marks; general.

Section ­ 45.23(b)

(b) When marks include only the Roman capital letter “N” and the registration number is

displayed on limited, restricted or light‐sport category aircraft or experimental or provisionally

certificated aircraft, the operator must also display on that aircraft near each entrance to the

cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the

words “limited,” “restricted,” “light‐sport,” “experimental,” or “provisional,” as applicable.

Subpart J—Sport Pilots

§61.301 What is the purpose of this subpart and to whom does it apply?

(a) This subpart prescribes the following requirements that apply to a sport pilot certificate:

(1) Eligibility.

(2) Aeronautical knowledge.

(3) Flight proficiency.

(4) Aeronautical experience.

(5) Endorsements.

(6) Privileges and limits.

(b) Other provisions of this part apply to the logging of flight time and testing.

(c) This subpart applies to applicants for, and holders of, sport pilot certificates. It also

applies to holders of recreational pilot certificates and higher, as provided in §61.303.
Subpart J—Sport Pilots

Section 61.315

§61.315 What are the privileges and limits of my sport pilot certificate?

(a) If you hold a sport pilot certificate you may act as pilot in command of a light‐sport

aircraft, except as specified in paragraph (c) of this section.

(b) You may share the operating expenses of a flight with a passenger, provided the expenses

involve only fuel, oil, airport expenses, or aircraft rental fees. You must pay at least half the

operating expenses of the flight.

(c) You may not act as pilot in command of a light‐sport aircraft:

(1) That is carrying a passenger or property for compensation or hire.

(2) For compensation or hire.

(3) In furtherance of a business.

(4) While carrying more than one passenger.

(5) At night.

(6) In Class A airspace.

(7) In Class B, C, and D airspace, at an airport located in Class B, C, or D airspace, and to, from,

through, or at an airport having an operational control tower unless you have met the

requirements specified in §61.325.

(8) Outside the United States, unless you have prior authorization from the country in which

you seek to operate. Your sport pilot certificate carries the limit “Holder does not meet ICAO

requirements.”

(9) To demonstrate the aircraft in flight to a prospective buyer if you are an aircraft

salesperson.

(10) In a passenger‐carrying airlift sponsored by a charitable organization.

(11) At an altitude of more than 10,000 feet MSL or 2,000 feet AGL, whichever is higher.

(12) When the flight or surface visibility is less than 3 statute miles.

(13) Without visual reference to the surface.

(14) If the aircraft:

(i) Has a VH greater than 87 knots CAS, unless you have met the requirements of §61.327(b).

(ii) Has a VHless than or equal to 87 knots CAS, unless you have met the requirements of

§61.327(a) or have logged flight time as pilot in command of an airplane with a VHless than or

equal to 87 knots CAS before April 2, 2010.

(15) Contrary to any operating limitation placed on the airworthiness certificate of the

aircraft being flown.

(16) Contrary to any limit on your pilot certificate or airman medical certificate, or any other

limit or endorsement from an authorized instructor.

(17) Contrary to any restriction or limitation on your U.S. driver's license or any restriction

or limitation imposed by judicial or administrative order when using your driver's license to

satisfy a requirement of this part.

(18) While towing any object.
(19) As a pilot flight crewmember on any aircraft for which more than one pilot is required

by the type certificate of the aircraft or the regulations under which the flight is conducted.

§61.98 Flight proficiency.

Section 61.98 (a) (b)

(a) General. A person who applies for a recreational pilot certificate must receive and log

ground and flight training from an authorized instructor on the areas of operation of this section

that apply to the aircraft category and class rating sought.

(b) Areas of operation. (1) For a single­engine airplane rating: (i) Preflight preparation;

(ii) Preflight procedures;

(iii) Airport operations;

(iv) Takeoffs, landings, and go‐arounds;

(v) Performance maneuvers;

(vi) Ground reference maneuvers;

(vii) Navigation;

(viii) Slow flight and stalls;

(ix) Emergency operations; and

(x) Postflight procedures.

(2) For a helicopter rating: (i) Preflight preparation;

(ii) Preflight procedures;

(iii) Airport and heliport operations;

(iv) Hovering maneuvers;

(v) Takeoffs, landings, and go‐arounds;

(vi) Performance maneuvers;

(vii) Ground reference maneuvers;

(viii) Navigation;

(ix) Emergency operations; and

(x) Postflight procedures.

(3) For a gyroplane rating: (i) Preflight preparation;

(ii) Preflight procedures;

(iii) Airport operations;

(iv) Takeoffs, landings, and go‐arounds;

(v) Performance maneuvers;

(vi) Ground reference maneuvers;

(vii) Navigation;

(viii) Flight at slow airspeeds;

(ix) Emergency operations; and

(x) Postflight procedures.
§61.99 Aeronautical experience.

Section 61.99 (a) (b)

A person who applies for a recreational pilot certificate must receive and log at least 30

hours of flight time that includes at least—

(a) 15 hours of flight training from an authorized instructor on the areas of operation listed

in §61.98 of this part that consists of at least:

(1) Except as provided in §61.100 of this part, 2 hours of flight training en route to an airport

that is located more than 25 nautical miles from the airport where the applicant normally trains,

which includes at least three takeoffs and three landings at the airport located more than 25

nautical miles from the airport where the applicant normally trains; and

(2) Three hours of flight training with an authorized instructor in the aircraft for the rating

sought in preparation for the practical test within the preceding 2 calendar months from the

month of the test.

(b) 3 hours of solo flying in the aircraft for the rating sought, on the areas of operation listed

in §61.98 of this part that apply to the aircraft category and class rating sought

§61.101 Recreational pilot privileges and limitations.

Section 61.101 (a)­(j)

(a) A person who holds a recreational pilot certificate may:

(1) Carry no more than one passenger; and

(2) Not pay less than the pro rata share of the operating expenses of a flight with a

passenger, provided the expenses involve only fuel, oil, airport expenses, or aircraft rental fees.

(b) A person who holds a recreational pilot certificate may act as pilot in command of an

aircraft on a flight within 50 nautical miles from the departure airport, provided that person

has—

(1) Received ground and flight training for takeoff, departure, arrival, and landing

procedures at the departure airport;

(2) Received ground and flight training for the area, terrain, and aids to navigation that are in

the vicinity of the departure airport;

(3) Been found proficient to operate the aircraft at the departure airport and the area within

50 nautical miles from that airport; and

(4) Received from an authorized instructor a logbook endorsement, which is carried in the

person's possession in the aircraft, that permits flight within 50 nautical miles from the

departure airport.
(c) A person who holds a recreational pilot certificate may act as pilot in command of an

aircraft on a flight that exceeds 50 nautical miles from the departure airport, provided that

person has—

(1) Received ground and flight training from an authorized instructor on the cross‐country

training requirements of subpart E of this part that apply to the aircraft rating held;

(2) Been found proficient in cross‐country flying; and

(3) Received from an authorized instructor a logbook endorsement, which is carried on the

person's possession in the aircraft, that certifies the person has received and been found

proficient in the cross‐country training requirements of subpart E of this part that apply to the

aircraft rating held.

(d) A person who holds a recreational pilot certificate may act as pilot in command of an

aircraft in Class B, C, and D airspace, at an airport located in Class B, C, or D airspace, and to, from,

through, or at an airport having an operational control tower, provided that person has—

(1) Received and logged ground and flight training from an authorized instructor on the

following aeronautical knowledge areas and areas of operation, as appropriate to the aircraft

rating held:

(i) The use of radios, communications, navigation system and facilities, and radar services.

(ii) Operations at airports with an operating control tower to include three takeoffs and

landings to a full stop, with each landing involving a flight in the traffic pattern at an airport with

an operating control tower.

(iii) Applicable flight rules of part 91 of this chapter for operations in Class B, C, and D

airspace and air traffic control clearances;

(2) Been found proficient in those aeronautical knowledge areas and areas of operation

specified in paragraph (d)(1) of this section; and

(3) Received from an authorized instructor a logbook endorsement, which is carried on the

person's possession or readily accessible in the aircraft, that certifies the person has received and

been found proficient in those aeronautical knowledge areas and areas of operation specified in

paragraph (d)(1) of this section.

(e) Except as provided in paragraphs (d) and (i) of this section, a recreational pilot may not

act as pilot in command of an aircraft—

(1) That is certificated—

(i) For more than four occupants;

(ii) With more than one power plant;

(iii) With a powerplant of more than 180 horsepower, except aircraft certificated in the

rotorcraft category; or

(iv) With retractable landing gear;

(2) That is classified as a multiengine airplane, powered‐lift, glider, airship, balloon, powered

parachute, or weight‐shift‐control aircraft;

(3) That is carrying a passenger or property for compensation or hire;

(4) For compensation or hire;

(5) In furtherance of a business;
(6) Between sunset and sunrise;

(7) In Class A, B, C, and D airspace, at an airport located in Class B, C, or D airspace, or to,

from, through, or at an airport having an operational control tower;

(8) At an altitude of more than 10,000 feet MSL or 2,000 feet AGL, whichever is higher;

(9) When the flight or surface visibility is less than 3 statute miles;

(10) Without visual reference to the surface;

(11) On a flight outside the United States, unless authorized by the country in which the

flight is conducted;

(12) To demonstrate that aircraft in flight as an aircraft salesperson to a prospective buyer;

(13) That is used in a passenger‐carrying airlift and sponsored by a charitable organization;

and

(14) That is towing any object.

(f) A recreational pilot may not act as a pilot flight crewmember on any aircraft for which

more than one pilot is required by the type certificate of the aircraft or the regulations under

which the flight is conducted, except when:

(1) Receiving flight training from a person authorized to provide flight training on board an

airship; and

(2) No person other than a required flight crewmember is carried on the aircraft.

(g) A person who holds a recreational pilot certificate, has logged fewer than 400 flight

hours, and has not logged pilot‐in‐command time in an aircraft within the 180 days preceding the

flight shall not act as pilot in command of an aircraft until the pilot receives flight training and a

logbook endorsement from an authorized instructor, and the instructor certifies that the person

is proficient to act as pilot in command of the aircraft. This requirement can be met in

combination with the requirements of §§61.56 and 61.57 of this part, at the discretion of the

authorized instructor.

(h) A recreational pilot certificate issued under this subpart carries the notation, “Holder

does not meet ICAO requirements.”

(i) For the purpose of obtaining additional certificates or ratings while under the supervision

of an authorized instructor, a recreational pilot may fly as the sole occupant of an aircraft:

(1) For which the pilot does not hold an appropriate category or class rating;

(2) Within airspace that requires communication with air traffic control; or

(3) Between sunset and sunrise, provided the flight or surface visibility is at least 5 statute

miles.

(j) In order to fly solo as provided in paragraph (i) of this section, the recreational pilot must

meet the appropriate aeronautical knowledge and flight training requirements of §61.87 for that

aircraft. When operating an aircraft under the conditions specified in paragraph (i) of this

section, the recreational pilot shall carry the logbook that has been endorsed for each flight by an

authorized instructor who:
(1) Has given the recreational pilot training in the make and model of aircraft in which the

solo flight is to be made;

(2) Has found that the recreational pilot has met the applicable requirements of §61.87; and

(3) Has found that the recreational pilot is competent to make solo flights in accordance with

the logbook endorsement.

§61.113 Private pilot privileges and limitations: Pilot in command.

Section ­ 61.113(a) & (b)

(a) Except as provided in paragraphs (b) through (h) of this section, no person who holds a

private pilot certificate may act as pilot in command of an aircraft that is carrying passengers or

property for compensation or hire; nor may that person, for compensation or hire, act as pilot in

command of an aircraft.

(b) A private pilot may, for compensation or hire, act as pilot in command 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.

§91.7 Civil aircraft airworthiness.

Section 91.7 (a)(b)

(a) No person may operate a civil aircraft unless it is in an airworthy condition.

(b) The pilot in command of a civil aircraft is responsible for determining whether that

aircraft is in condition for safe flight. The pilot in command shall discontinue the flight when

unairworthy mechanical, electrical, or structural conditions occur.

§91.9 Civil aircraft flight manual, marking, and placard requirements.

Section 91.9 (b)(2)

(b) No person may operate a U.S.‐registered civil aircraft—

(2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this

chapter, unless there is available in the aircraft a current approved Airplane or Rotorcraft Flight

Manual, approved manual material, markings, and placards, or any combination thereof.

§91.109 Flight instruction; Simulated instrument flight and certain flight tests.

Section91.109(2)

(2) The person manipulating the controls has at least a private pilot certificate with appropriate

category and class ratings.
§91.119 Minimum safe altitudes: General.

Section 91.119(c)

(c) Over other than congested areas. An altitude of 500 feet above the surface, except over open

water or sparsely populated areas. In those cases, the aircraft may not be operated closer than

500 feet to any person, vessel, vehicle, or structure.

§91.121 Altimeter settings.

Section 91.121(a)

(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

§91.151 Fuel requirements for flight in VFR conditions.

Section 91.151(a) (1)

(a) No person may begin a flight in an airplane 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—

(1) During the day, to fly after that for at least 30 minutes

§91.405 Maintenance required.

Section§91.405(a)

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;

§91.407 Operation after maintenance, preventive maintenance, rebuilding, or

alteration.

Section 91.407 (a) (1)

(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
§91.409 Inspections.

Section 91.409 (a) (1)

(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.

§91.417 Maintenance records.

Section 91.417 (a) (b)

(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.
SUMMARY

I, Teri L. Vogt‐Rose am seeking exemption from the requirements of 14 C.F.R. §21.175,

§45.23, §61 Subpart J, §61.98, §61.99, §61.101, §61.113(a) & (b), §91.7(a), §91.9(b) (2), §91.109

(2), §91.119 (c), §91.121, §91.151 (a) (1), §91.405(a), §91.407 (a) (1), §91.409 (a) (1), §91.417

(a) & (b), to operate an Unmanned Aircraft System in the National Airspace System pursuant to

Section 333 of the FAA Modernization and Reform Act of 2012. This exemption will permit

myself, Teri L. Vogt‐Rose to operate an Unmanned Aircraft System (UAS) in the NAS under Civil

Operation for the purpose of conducting Aerial video and photography for Insurance Companies

Evaluations, Claims, and Investigations, as well as weddings, other special events, landscapes,

Search and Rescue (SAR), Fire Fighting Operations, Fire Fighting Training, Education, as well as

Special Police Situations.

INTRODUCTION AND INTERESTS OF THE PETITIONER

My name is Teri L. Vogt‐Rose. I am a Captain in the Chattanooga Fire Department, a

Firefighter for the Red Bank Fire Department, a member of the Hamilton County HazMat Team

and the State Burn Coordinator for Tennessee with the IAFF Burn Foundation. Public safety is my

primary concern in all my jobs, including the operation of my DJI Phantom 3 Professional. I

would like to be able to provide local law enforcement (such as in the event of a missing child

&/or persons) and other fire departments as well as our STARS (Search and Rescue) team with

the added abilities of real time video, GPS coordinates, and the ability to point out safety hazards

as well as a live video feed for the Incident Commander to be able to safely view personnel on a

rescue, fire scene, or search at no charge. I would like to be able to assist insurance companies

(for a fee) that request my service for videos and pictures for evaluations, claims, and

investigations as well. I am a photographer with a passion for nature and landscape photography

as well. I see my DJI Phantom 3 Professional as a tool that can be an asset in several situations not

just something to take pictures with. Therefore I see this to be a benefit for my community and

the surrounding communities that may need assistance with any of the above mentioned

situations. I also check the local, state and federal laws for where I am at to make sure that I am

not violating any laws, rules, or regulations. This includes knowing and understanding rules and

regulations within any National Parks, State &/or federal wildlife laws, as well as the FAA rules

and regulations for the area. I also stay up to date with information through the Know Before You

Fly website.
Background

I am seeking an exemption that would allow me to be able to operate my DJI Phantom 3

Professional for compensation/hire as well as on a volunteer basis within the NAS. The DJI

Phantom 3 Professional is a vertical takeoff and landing Unmanned Aircraft with GPS and

GLONASS. This combines to make the Phantom 3 completely aware of its location in relation to

the operator. It hovers more precisely, moves more accurately, and locks onto satellites faster.

With the new availability of GLONASS, there are a minimum of 36 satellites available at any time.

It also comes with a Visioning Positioning System that detects objects and moves the drone to a

safe altitude to avoid collisions and crashes. It automatically logs your flights and flight

information including altitude, speed, distance, flight path and times. This drone also has a built

in safety feature of No Fly Zones. DJIs No Fly Zone (NFZ) feature can help you avoid inadvertent

operation in locations that could raise safety or security concerns. NFZ will warn you about these

areas if you fly towards them, or try to take off within them. In certain locations, the device will

automatically be prevented from takeoff, or if already in flight towards the location, will pause at

the boundary and not enter. This device runs on smart batteries not fuel.

BASIS FOR PETITION

Petitioner, Teri L. Vogt‐Rose, pursuant to the provisions of the Federal Aviation

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

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

the right to operate under the Civil Operations criteria with exemptions; my DJI Phantom 3

Professional in the National Airspace System, and request exemption from the requirements of

14 § C.F.R., §21.175, §45.23, §61 Subpart J, §61.98, §61.99, §61.101, §61.113(a) & (b), §91.7(a),

§91.9(b) (2), §91.109 (2), §91.119 (c), §91.121, §91.151 (a) (1), §91.405(a), §91.407 (a) (1),

§91.409 (a) (1), §91.417 (a) & (b)

I request exemption from Section 14 C.F.R. Part 21, Subpart H §21.175​; Airworthiness

certificates: because given the size and limited operating area associated with the UAS to be

utilized by the Petitioner, as well as there is currently no certification course offered for a UAS

such as this one, 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 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 as, or safer than, a conventional rotorcraft operating with an airworthiness

certificate without restrictions and conditions of the proposed UAS operations.

Equivalent Level of Safety

The UAS to be operated hereunder, DJI Phantom 3 Professional multi‐rotor rotorcraft, weighs

less than 55 pounds with payload, carries neither a pilot nor passenger, carries no explosive

materials or flammable liquid fuels, and operates exclusively within a secured and sterile area.

Unlike other civil aircraft, the proposed operations will be controlled and monitored by the

Operator pursuant to the Flight Operations Manual’s requirements.

These safety enhancements, which already apply to civil aircraft operated in connection with

existing aerial videography operations, provide a greater degree of safety to the Petitioner's

community, members of the public, and property owners than conventional operations

conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly,

application of these same criteria demonstrates that there is no credible threat to national

security posed by the UAS, due to its size, speed of operation, lack of flammable liquid fuels, and

inability to carry a substantial external load.

I request exemption from Section §45.23 ​Display of marks; general​, because my UAS

does not fall under the guidelines of a limited, restricted or light‐sport category aircraft or

experimental or provisionally certificated aircraft. There is no cabin, cockpit, or pilot station on

the UAS to display in letters not less than 2 inches nor more than 6 inches high, the words

“limited,” “restricted,” “light‐sport,” “experimental,” or “provisional,” as applicable. (Please note

that my DJI Phantom # Professional has been Registered with the FAA and my FA # is visibly

displayed on my DJI Phantom 3 Professional.)

I request exemptions from Section ​§61 Subpart J ​Sport Pilots,​because Training

requirements for a sport pilot certificate with airplane category are, A minimum of 20 hours

flight time including: 15 hours of flight training from authorized instructor, 5 hours solo flight.

Flight training must include at least: 2 hours cross‐country flight training, 10 takeoffs and

landings to a full stop, One solo cross‐country flight of at least 75 nautical miles total distance

with a full‐stop landing at a minimum of two points and one segment of the flight consisting of a

straight‐line distance of at least 25 nautical miles between takeoff and landing locations, 3 hours

flight training in preparation for the practical test, Ground training from an instructor or

home‐study course.

A light­sport aircraft is defined as:

● 1,320 pounds maximum takeoff weight for aircraft not intended for operation on

water; or
● 1,430 pounds maximum takeoff weight for aircraft intended for operation on water.

● A maximum airspeed in level flight with maximum continuous power (V H) of not

more than 120 knots CAS under standard atmospheric conditions at sea level.

● A maximum seating capacity of no more than two persons, including the pilot.

● A single, reciprocating engine.

● A fixed or ground‐adjustable propeller if a powered aircraft other than a powered

glider.

● A non pressurized cabin, if equipped with a cabin.

● Maximum airspeed of 120 knots.

● Fixed landing gear, except for an aircraft intended for operation on water or a glider.

● Fixed or repositionable landing gear, or a hull, for an aircraft intended for operation

on water.

● A maximum stalling speed or minimum steady flight speed without the use of

lift‐enhancing devices (V S1) of not more than 45 knots CAS at the aircraft's maximum

certificated takeoff weight and most critical center of gravity.

The DJI Phantom 3 Professional does not fall into any of these categories.

I request exemptions from Section ​§61.98 (a) (b);​Flight Proficiency, because a person

who applies for a recreational pilot certificate must receive and log ground and flight training

from an authorized instructor on the areas of operation of this section that apply to the aircraft

category and class rating sought, (1) Single‐engine airplane, (2) Helicopter, (3) Gyroplane. There

is no listing for UnManned photo/video drones that weighs (Including battery and propellers)

1280g (2.82 lbs)

I request exemptions from Section ​§61.99 (a) (b)​; Aeronautical Experience, because it is

required to receive and log at least 30 hours of flight time that includes at least, 15 hours of flight

training from an authorized instructor on the areas of operation listed in §61.98 including parts

(1) (2) of §61.99 as well as 3 hours of solo flying IN the aircraft. As previously stated, section

§61.98 does not list UnManned photo/video drones that weighs (Including battery and

propellers) 1280g (2.82 lbs)

I request an exemption from Section ​§​61.101(a) (b) (c) (d) (e);​Recreational pilot

privileges and limitations, because a recreational pilot is flying a fuel powered aircraft that can

carry at least one passenger and has to take off from an airport or be flying within 50 nautical

miles of the departed airport. The training for this license is for someone holding a Pilot's License

in the sense of physically being in the aircraft while in flight. I will not be launching my DJI

Phantom 3 Professional from any airports therefor section b & d are not applicable. I will not be

using any radios, radar services, nor will I need air traffic control clearances since I will not be

filing any flight plans, taking off at, in, or around (within 5 miles off) an airport. I will have the DJI

Phantom 3 Professional within visual sight. I will also utilize a spotter for secondary visual of the

drone and any possible hazards.
I request exemption from Section ​§61.113(a) & (b);​Private pilot privileges and

limitations, The FAA has previously declared that additional manned airship experience of a

commercially certified pilot would not correlate to the airmanship skills necessary for similarly

proposed operations of unmanned drones in previously issued exemptions for unmanned drones

that weighs (Including battery and propellers) 1280g (2.82 lbs). Again this is not applicable for a

small UAS.

I request exemption from Section §91.7(a);​entitled Civil Aircraft Airworthiness, because

the DJI Phantom 3 Professional does not require an airworthiness certificate in accordance with

the 14 C.F.R.14 Part 21 Subpart H. In consideration of the speed, weight, size, and limited

operating area associated with the unmanned aircraft and its operation, my operation of DJI

Phantom 3 Professional 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. However, Prior to

any flight I always do a systems check to make sure that everything is operating correctly and

that the drone is safe to fly.

I requests exemption from Sections §91.9;​Civil aircraft flight manual, marking, and

placard requirements because there are no pilots or passengers on board this drone and there is

no where to place to store a flight manual on the drone.

I request exemption from Sections §91.109 (2);​Flight instruction; Simulated instrument

flight and certain flight tests, because this is an unmanned UAV which does not require a pilot's

license, nor is there a certificate or licensure available to obtain for this type of unmanned drone.

I request exemption from Sections ​§91.119 (c);​Minimum safe altitudes: General, because

this is a small unmanned drone that does not carry passengers or pilots. This drone offers the

ability to program the altitude so that the drone maintains a safe altitude per my surroundings at

all times.

I request exemption from Sections ​§91.121;​Altimeter settings, because while the DJI

Phantom 3 Professional does not have an altimeter that can be set it does give me real time full

flight telemetry via the APP that is used to fly it. Since it is an unmanned UAV I am not required to

file a flight plan with the local airports therefore I will not be reporting any flight data to the

towers.

I request exemption from Sections §91.151 (a) (1);​Fuel requirements for flight in VFR conditions

because the DJI Phantom 3 Professional is operated by a 15.2V LiPo 45 rechargeable battery it

does not operate on fuel. I will operate the drone safely during daylight hours in visual

meteorological conditions, under visual flight rules. The APP also provides real time data showing

the battery percentage as well as a built in Return to Home feature when the battery reaches 20%

of a remaining charge.
I request exemption from these Section ​§91.405 (a);​Maintenance required,

Section​§91.407 (a) (1);​Operation after maintenance, preventive maintenance, rebuilding, or

alteration, Section​§91.409 (a) (1) & (a) (2);​Inspections, Section​§91.417 (a) & (b);

Maintenance records, because the DJI Phantom 3 Professional does not require airworthiness

certificate. As set forth more fully below, the DJI Phantom 3 Professional meets the conditions of

Section 333 for operation without an airworthiness certificate. I use a DJI approved dealer for any

repairs. The APP keeps a flight log, along with battery information and information on the IMU.

Thank you for your time and consideration for this request. I look forward to hearing from you.

Please feel free to contact me should you have any questions or concerns.

Sincerely,

Teri L. Vogt Rose
DJI Phantom 3 Professional Specs

Aircraft

Weight Including battery and propellers 1280g

Diagonal size including propellers 590mm

Max Ascent Speed 5m/s

Max Descent Speed 3m/s

Hover Accuracy * Vertical: +/‐0.1 or +/‐0.5m

* Horizontal: +/‐1.5m

Max Speed 16 m/s (ATTI mode/no wind)

Max Service Ceiling Above Sea Level 6000 m (Default altitude limit: 120m

above takeoff point)

Operating Temperature 0 degrees C to 40 degrees C

Remote Controller

Operating Frequency 2.400 GHz‐2.483 GHz

Max Distance Up to 5 km or 3.1 miles(unobstructed,

free of interference)when FCC compliant

Up to 3.5km or 2.1miles(unobstructed,

free of interference)when CE compliant

Operating Temperature 0 degrees C‐40 degrees C

Battery 6000 mAh LiPo 2S

Receiver Sensitivity (1%PER) ‐101 dBm+2 dBm

Transmitter Power (EIRP) *FCC:20 dBm/ CE:160dBm

Working Voltage 1.2A@7.4V

Vision Positioning

Max Velocity Less than 8m/s(when 2m above ground)

Altitude Range 50cm‐300cm

Operating Range 50cm‐300cm

Operating Environment Surface with clear pattern and adequate

lighting(LUX>15