UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC 

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: 

RED STAR ENGINEERING, INC. 

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF 

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS 

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

91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL OPERATION 

OF DJI Phantom 3 UNMANNED AIRCRAFT SYSTEMS PURSUANT 

TO SECTION 333 OF 

THE FAA MODERNIZATION AND REFORM ACT OF 2012 

(PUBLIC LAW 112-95) 

Submitted on February 1, 2016 

Red Star Engineering, Inc. 

Attn. Richard C. Roberts 

6354 Coen Tush Road 

Greenville, IN 47124 

sjwdrummer@gmail.com

 
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TABLE OF CONTENTS 

 PAGE 

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

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

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

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

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

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

The Specific Sections Of 14 C.F.R. From Which RED STAR ENGINEERING, INC. Seeks 

Exemption...................................................................................................................7 

The Extent Of Relief RED STAR ENGINEERING, INC. Seeks And The Reason RED 

STAR ENGINEERING, INC. Seeks The Relief...........................................................10 

The Reasons Why Granting RED STAR ENGINEERING, INC. Request Would Be In The 

Public Interest; That Is, How It Would Benefit The Public As A Whole........................12 

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 RED STAR ENGINEERING, INC. Seeks Exemption................14 

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

Which RED STAR ENGINEERING, INC Seeks Exemption:...................................23

A Brief Description Of The Nature Of The Exemption RED STAR ENGINEERING, INC. 

Seeks ........................................................................................................23 

APPENDIX - A.............................................................................................25 

 
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GLOSSARY OF ABBREVIATIONS 

AGL         Above Ground Level 

AOI         Area of Interest 

ATC         Air Traffic Control 

ATO         Air Traffic Organization 

AV         Aerial Vehicle 

CFR         Code of Federal Regulations 

COA         Certificate of Authorization 

FAA         Federal Aviation Administration 

FAR         Federal Aviation Regulation 

GCS         Ground Control Station 

GPS         Global Positioning System 

LOL         Loss of Link 

NAS         National Airspace System 

NOTAM       Notice to Airman 

PIC         Pilot In Command 

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

SO         Safety Observer 

SOP         Standard Operating Procedures 

UA         Unmanned Aircraft 

UAS         Unmanned Aircraft System 

VFR         Visual Flight Rules 

VLOS         Visual Line of Site 

VMC         Visual Meteorological Conditions 

VTOL         Vertical Takeoff and Landing 

   
4 

SUMMARY 

RED STAR ENGINEERING, INC seeks exemption from the requirements of 14 C.F.R 

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

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

FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit RED STAR 

ENGINEERING, INC. to operate an Unmanned Aircraft System (UAS) for the commercial 

purpose of conducting aerial video and photography of real estate, and landscape over certain 

areas of the United States. 

INTRODUCTION AND INTERESTS OF THE PETITIONER 

RED STAR ENGINEERING, INC. provides his clients with photography and video services of 

properties and buildings for the purpose of advertising and promotion. The objective of RED 

STAR ENGINEERING, INC. and his aerial operations is to provide high quality imaging for a 

variety of commercial, public, and residential uses, specifically targeting: 

• Residential Construction 

• Real-estate Marketing 

• Agricultural Surveys 

BACKGROUND 

Unmanned Aircraft Systems: DJI Phantom 3 UASs 

RED STAR ENGINEERING, INC. seeks an exemption to operate DJI systems for compensation or 

hire within the NAS. The DJI Phantom 3 is a 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 6 pounds 7.5 ounces, a length of 17.3 inches, 

width of 17.7 inches, height of 11.8 inches, and a maximum speed of approximately 42 knots. 

The DJI Phantom 3UAs are equipped with four main rotors; driven by Lithium Polymer battery 

powered electric motors. 

 
5 

BASIS FOR PETITION 

Petitioner, RED STAR ENGINEERING, INC., 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 UASs 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, operation of DJI Phantom 3 UASs 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, RED STAR ENGINEERING, INC. 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. 

RED STAR ENGINEERING, INC. submits that the requested relief is proper since an equivalent 

level of safety will be ensured. RED STAR ENGINEERING, INC. will use experienced personnel 

or technicians to perform maintenance, alterations, or preventive maintenance on the UASs 

using the methods, techniques, and practices prescribed in the operating documents (i.e., 

Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual). Furthermore, RED STAR 

ENGINEERING, INC. will document and maintain all maintenance records for the DJI Phantom 

3 UASs. 

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

and limitations: Pilot in command, is requested by RED STAR ENGINEERING, INC. to the 

extent necessary to allow a Pilot in Command (PIC) holding a private pilot or higher level 

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

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

Phantom 3 UASs in a manner consistent with this exemption, including evasive and emergency 

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

structures. 

RED STAR ENGINEERING, INC. seeks relief from Section 91.7(a), entitled 

Civil aircraft airworthiness, because the DJI Phantom 3 UASs do not require an airworthiness 

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

ENGINEERING, INC. submits that they will ensure that the DJI Phantom 3UASs are in an 

airworthy condition, prior to every flight, by determining that the UASs 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. They will utilize the preflight instructions 

provided by DJI to ensure airworthiness checks prior to each flight. 

RED STAR ENGINEERING, INC. 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 
6 

data link, which downlinks from the UA to the GCS for active monitoring of the flight path. This 

altitude information, combined with RED STAR ENGINEERING, INC.’s operation of the DJI 

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

safety equivalent to Section 91.121. 

Additionally, RED STAR ENGINEERING, INC. seeks an exemption from the requirements of 

Section 91.151(b), entitled Fuel requirements for flight in VFR conditions. RED STAR 

ENGINEERING, INC. 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 14.5 minutes to the 

first point of intended landing and, assuming normal cruising speed, to fly after that for at least 

4.5 minutes. 

In accordance with 14 C.F.R. § 11.81, RED STAR ENGINEERING, INC. 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:

RED STAR ENGINEERING, INC. 

ATTN: Richard C. Roberts 

6354 Coen Tush Road 

Greenville, IN 47124 

sjwdrummer@gmail.com
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B. The Specific Sections Of 14 C.F.R. From Which RED STAR 

ENGINEERING, INC. Seeks Exemption.

1. RED STAR ENGINEERING, INC. 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. RED STAR ENGINEERING, INC. 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. RED STAR ENGINEERING, INC. 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. 

 
8 

4. RED STAR ENGINEERING, INC. 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. RED STAR ENGINEERING, INC. 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. RED STAR ENGINEERING, INC. 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. RED STAR ENGINEERING, INC. 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. 

 
9 

8. RED STAR ENGINEERING, INC. 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. 
10 

(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 RED STAR ENGINEERING, INC. 

Seeks And The Reason RED STAR ENGINEERING, INC. 

Seeks The Relief.

1. Extent Of Relief RED STAR ENGINEERING, INC. Seeks And The 

Reason RED STAR ENGINEERING, INC. 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, RED STAR ENGINEERING, INC. 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 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, RED STAR ENGINEERING, INC. submits that all flights of the DJI Phantom 3 

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

RED STAR ENGINEERING, INC.’s business; and (2) will not carry passengers or 

property for compensation or hire. 

2. Extent Of Relief RED STAR ENGINEERING, INC. Seeks And The 

Reason RED STAR ENGINEERING, INC. 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 RED STAR ENGINEERING, INC. to determine that the DJI Phantom 3 

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

compliance with the operating documents (i.e., the RED STAR ENGINEERING, INC. 

Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Instruction 

Manual). 

RED STAR ENGINEERING, INC. seeks the requested relief because the DJI Phantom 3 

UASs do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, 
11 

Subpart H. Therefore, RED STAR ENGINEERING, INC. will ensure that the DJI 

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

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

Manual) 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 RED STAR ENGINEERING, INC. Seeks And The 

Reason RED STAR ENGINEERING, INC. 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 UASs, 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), RED STAR ENGINEERING, INC. 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 RED STAR ENGINEERING, INC. Seeks And 

The Reason RED STAR ENGINEERING, INC. 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 14.5 minutes to the first point of intended landing and, 

assuming normal cruising speed, to fly after that for at least 4.5 minutes. RED STAR 

ENGINEERING, INC. 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 

RED STAR ENGINEERING, INC. proposes to conduct pursuant to this Petition. 

Significantly, as set forth below, the technical specifications of the DJI Phantom 3 UASs, 

the DJI Phantom 3 operating documents, and RED STAR ENGINEERING, INC.’s 

proposed operating limitations, ensure that RED STAR ENGINEERING, INC. 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 14.5 minutes to the first point of intended landing and, 

assuming normal cruising speed, to fly after that for at least 4.5 minutes. 

 
12 

5. Extent Of Relief RED STAR ENGINEERING, INC. Seeks And The 

Reason RED STAR ENGINEERING, INC. 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, RED STAR ENGINEERING, INC. requests relief 

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

certificates. As set forth more fully below, the DJI Phantom 3 UASs meet the conditions of 

FMRA Section 333 for operation without an airworthiness certificate. Accordingly, RED 

STAR ENGINEERING, INC. will use trained technicians to perform maintenance, alterations, 

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

prescribed in the UAS operating documents (i.e., the RED STAR ENGINEERING, INC. 

Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Instruction 

Manual). Furthermore, RED STAR ENGINEERING, INC. will document and maintain all 

maintenance records for the DJI Phantom 3 UASs. 

D. The Reasons Why Granting RED STAR ENGINEERING, 

INC. 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 RED STAR 

ENGINEERING, INC. to safely, efficiently, and economically perform aerial video and 

photography of real estate, and landscape over certain areas of the United States. 

Additionally, use of the DJI Phantom 3 UASs will decrease congestion of the NAS, 

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

RED STAR ENGINEERING, INC.’s proposed operation of the DJI Phantom 3 UASs 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 UASs. 

Conducting aerial acquisitions with the DJI Phantom 3 UASs, 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 UASs produce no air pollution, 
13 

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 UASs 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 

6 pounds 7.5 ounces, at their maximum gross weights with a length of 17.3 inches and a 

width of 17.7 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 UASs 

Will Benefit The Economy. 

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

alternative to using manned aircraft to conduct similar aerial operations. As such, 

operation of the DJI Phantom 3 UASs will allow United States based companies, like 

RED STAR ENGINEERING, INC., 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 UASs 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 UASs, companies such as 

RED STAR ENGINEERING, INC., 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 UASs, 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 

many years, RED STAR ENGINEERING, INC.’s proposed operation of the DJI Phantom 

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

be operated only in compliance with operating documents (i.e., the RED STAR 

ENGINEERING, INC. Aerial Operations Manual, Monthly Maintenance Log, and DJI 

Phantom 3 Instruction Manual) which requires property owner involvement and 

permission to videotape/photograph 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. 
14 

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 RED STAR ENGINEERING, INC. 

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, RED STAR ENGINEERING, INC.’s operation of 

the DJI Phantom 3 UASs 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, RED STAR ENGINEERING, INC. submits that the DJI Phantom 3 

UASs can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) 

the characteristics of the DJI Phantom 3 UASs; (b) the pilot certification requirement; and 

(c) the specific operating limitations. 

 
15 

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

Characteristics. 

The DJI Phantom 3 UASs do 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 UASs. 

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

Phantom 3 User Manuals, attached hereto as Appendix A. 

ii. The DJI Phantom 3 UASs Autonomous Flight And Navigation Modes 

Enable The UASs To Remain Within A Defined Operational Area. 

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

flight modes. A complete description of the flight and navigational modes of the 

DJI Phantom 3 UASs is provided at pages 12-16 and 45-50 of the DJI Phantom 3 

User Manuals, attached hereto as Appendix A. 

iii. The DJI Phantom 3 UASs 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 do not 

reacquire control link data from the GCS, the UAs will assume that the Control 

Link is lost and the UAs will return to the home position (i.e., failsafe mode) via 

GPS, and will descend to the takeoff position and shutdown. A complete 

description of the Failsafe Functions of the DJI Phantom 3 from the User Manual 

pages 13-15, attached hereto as Appendix C. 

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 hereto as Appendix A. 

b. Flight Operations Of The DJI Phantom 3 UASs Are Limited To The Line Of Sight 

Of A Certificated Pilot in Command With A Safety Observer. 

Richard C. Roberts will be the only person to act as a pilot in command (PIC) of the DJI 

Phantom 3 UASs. Additionally, a safety observer will assist in flights. 

c. Flights Of The DJI Phantom 3 UASs Will Be Conducted Pursuant To Specific 

Operating Limitations. 

In seeking this exemption, RED STAR ENGINEERING, INC. proposes to commercially 

operate DJI Phantom 3 UASs for the special purpose of conducting aerial video and 

photography over certain areas of United States, pursuant to the following specific 

operating limitations: 

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

aircraft described in the operating documents, rotorcraft UASs weighing less than 
16 

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 500 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 
17 

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

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

inspection. All maintenance and alterations must be properly documented in the 

aircraft records. 

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

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

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

flight must make an entry in the aircraft records. 

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

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

sections of the operating documents. 

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

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

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

requirements, in accordance with the operating documents. Maintenance, 

inspection, alterations, and status of replacement/overhaul component parts 

must be noted in the aircraft records, including total time in service, description of 

work accomplished, and the signature of the authorized person returning the 

UAS to service. 

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

Safety Bulletins. 

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

corrective action taken against discrepancies discovered between inspections. 

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

third- class medical certificate. 

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

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

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

exemption, including evasive and emergency maneuvers and maintaining 

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

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

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

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

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

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

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

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

 
18 

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

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

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

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

rules (SVFR) are not authorized. 

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

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

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

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

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

Administrator upon request. 

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

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

PIC. 

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

pre- determined location within the planned operating area and land or be 

recovered in accordance with the operating documents. 

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

emergencies in accordance with the operating documents. 

24. The PIC is prohibited from beginning a flight unless (considering wind and 

forecast weather conditions) there is enough power to fly at normal cruising 

speed to the intended landing point and land the UA with 25% battery power 

remaining. 

25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of 

Waiver or Authorization (COA) prior to conducting any operations under the grant of 

exemption. This COA will also require the operator to request a Notice to Airman 

(NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the 

operation. All operations shall be conducted in accordance with airspace 

requirements in the ATO issued COA including class of airspace, altitude level and 

potential transponder requirements. 

26. All aircraft operated in accordance with the exemption must be identified by 

serial number, registered in accordance with 14 C.F.R. part 47, and have 

identification (N- Number) markings in accordance with 14 C.F.R. part 45, 

Subpart C. Markings must be as large as practicable. 

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

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

Commission (FCC) or other appropriate government oversight agency 

requirements. 

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

available to the PIC at the Ground Control Station of the UAS any time the UAS 

is operating. These documents must be made available to the Administrator or 

any law enforcement official upon request. 
19 

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

operations and activities at all times. 

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

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

nonparticipating persons (persons other than the PIC, SO, operator trainees or 

essential persons), vessels, vehicles, and structures unless: 

a. Barriers or structures are present that sufficiently protect nonparticipating 

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

must ensure that nonparticipating persons remain under such protection. 

If a situation arises where nonparticipating persons leave such protection 

and are within 500 feet of the UA, flight operations must cease

immediately and/or; 

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

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

permission and the PIC has made a safety assessment of the risk of 

operating closer to those objects and determined that it does not present 

an undue hazard, and; 

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

persons do not present an undue hazard to those persons per 

§91.119(a). 

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

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

Permission from land owner/controller or authorized representative will be 

obtained for each flight to be conducted. 

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

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

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

must be reported to the National Transportation Safety Board (NTSB) per 

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

2. Reasons Why An Exemption From The Requirements Of Section 

61.113(a) And (b) Would Not Adversely Affect Safety. 

RED STAR ENGINEERING, INC. 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 DJI 

Phantom 3 UASs unless that PIC has demonstrated, by meeting minimum flight-hour and 

currency requirements, that the PIC is able to safely operate 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 RED STAR ENGINEERING, INC.’s proposed area of operations, and the operating 

limitations set forth-above; the parallel nature of private pilot aeronautical knowledge 

requirements to those of commercial pilot requirements (See Exemption No.11062); and the 

airmanship skills necessary to safely operate the DJI Phantom 3 UAS, RED STAR 

ENGINEERING, INC. submits that the additional manned airmanship experience of a 
20 

commercially certificated pilot would not correlate to the airmanship skills necessary for RED 

STAR ENGINEERING, INC.’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). 

RED STAR ENGINEERING, INC. will not allow any PIC to operate the DJI Phantom 3 UAS 

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

C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5 hours of 

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

operations under the exemption). In addition to the hour requirements, the PIC must accomplish 

3 takeoffs and landings in the preceding 90 days (for currency purposes). As in Exemption Nos. 

11062, 11138, and 11153, prior documented flight experience that was obtained in compliance 

with applicable regulations will ensure an equivalent level of safety during RED STAR 

ENGINEERING, INC.’s proposed operations. The Administrator has held that prior documented 

flight experience that was obtained in compliance with applicable regulations would ensure safe 

operations, stating as follows: In Exemption No. 11062, the FAA required that prior to 

conducting operations for the purpose of motion picture filming (or similar operations), the PIC 

must have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of 

total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multirotor UAS. Prior to operations under Exemption No. 11062, the PIC must also have 

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

model of UAS to be used for operations under the exemption. 

For clarification, the FAA considers these minimum hour requirements to be inclusive rather 

than additive; i.e. 5 hours make and model time may be included in the 10 hours of multi-rotor 

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

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

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

Exemption No. 11062 are appropriate to practice and build proficiency in the skills necessary to 

safely conduct the petitioner’s proposed operations. The FAA also finds that prior documented 

flight experience that was obtained in compliance with applicable regulations would satisfy this 

requirement. Training, proficiency, and experience-building flights can also be conducted under 

the grant of exemption to accomplish the required flight time. During training, proficiency, and 

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

accordance with 14 C.F.R 91.119. 

Exemption No. 11138 at page 15. 

Accordingly, RED STAR ENGINEERING, INC. will ensure safe operations by not allowing any 

PIC 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. 

 
21 

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, RED STAR ENGINEERING, INC. 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 RED 

STAR ENGINEERING, INC.’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 UASs 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 UASs; (2) 

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

operations. Accordingly, RED STAR ENGINEERING, INC. 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 14.5 minutes to the first point of intended landing and, 

assuming normal cruising speed, to fly after that for at least 4.5 minutes. 

Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom 3 UASs; 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 UASs 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 UASs 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. 
22 

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, RED STAR ENGINEERING, INC. 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 

RED STAR ENGINEERING, INC. will use trained technicians to perform maintenance, 

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

practices prescribed in the operating documents (i.e., the RED STAR ENGINEERING, INC. 

Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual). 

Furthermore, RED STAR ENGINEERING, INC. will document and maintain all maintenance 

records for the DJI Phantom 3 UASs. Since the DJI Phantom 3 UASs will be inspected as 

prescribed by the operating documents, RED STAR ENGINEERING, INC. 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 Manuals are attached hereto as Appendix C; a copy of the DJI 

Phantom 3 UAS Maintenance Log is attached hereto as Appendix B.

Likewise, the exemption sought will not adversely affect safety because RED STAR 

ENGINEERING, INC. 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 

UASs 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 RED STAR ENGINEERING, INC.’s proposed operating limitations, the operating 

documents, and the technical aspects of DJI Phantom 3 UASs, RED STAR ENGINEERING, INC. 

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, RED STAR ENGINEERING, INC. requests that 

the FAA prescribe special conditions for the intended operation of the DJI Phantom 3 UASs, 

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 
23 

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 UASs, 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 UASs, 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 RED STAR ENGINEERING, 

INC Seeks Exemption: 

RED STAR ENGINEERING, INC. 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 RED 

STAR ENGINEERING, INC. Seeks: 

This exemption will permit RED STAR ENGINEERING, INC. 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 

RED STAR ENGINEERING, INC.’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, RED STAR ENGINEERING, INC.’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. 
24 

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, RED STAR ENGINEERING, INC. will operate the 

DJI Phantom 3 UASs 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, RED STAR ENGINEERING, INC. 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 UASs 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 RED STAR ENGINEERING, INC. to 

safely, efficiently, and economically operate the DJI Phantom 3 UASs commercially within the 

NAS. 

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

and Reform Act of 2012, Section 333, RED STAR ENGINEERING, INC. 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 RED STAR ENGINEERING, Inc. to operate the DJI 

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

certain areas of the United States. 

Respectfully submitted on June 14, 2015 

Red Star Engineering, Inc. 

Attn. Richard C. Roberts 

6354 Coen Tush Road 

Greenville, IN 47124 

sjwdrummer@gmail.com 

Appendices: 

A – DJI Phantom 3 Specifications Data Sheet 

B – Maintenance/Flight Log 

C – DJI Phantom Users Guide 
25 

APPENDIX – A 

DJI Phantom 3 TECHNICAL SPECIFICATIONS 

RED STAR ENGINEERING, INC. only utilizes safe and reliable UASs. DJI is an industry leader 

in small UAS production. DJI UASs are loaded with ground breaking software enabling the user 

to set parameters which will not allow flight into controlled airspace. Parameters can also be set 

to limit flight to no higher than a predetermined and set altitude as well as limit flight to a 

predetermined and set distance. In addition, DJI software provides real-time altitude and 

location information to the PIC via the linked monitor (smart phone/tablet devices) 

2.2 DJI Phantom 3 

2.2.1 Aircraft 

34 

2.2.1.1 Model – Phantom 3 

2.2.1.2 Weight (Battery Included) – 1280 grams 

2.2.1.3 Hovering Accuracy (GPS Mode) – Vertical: +/- 10cm; Horizontal: 

+/-1m 

2.2.1.4 Max Angular Velocity –Yaw: 2000/s 

2.2.1.5 Max Tilt Angle - 350 

2.2.1.6 Max Ascent Speed – 5m/s 

2.2.1.7 Max Descent Speed – 3m/s 

2.2.1.8 Max Speed – 16m/s (ATTI mode, no wind – NOT 

RECOMMENDED) 

2.2.1.9 Max Flight Altitude – 6000m 

2.2.1.10 Max Flight Time – Approximately 23 minutes 

2.2.1.12 Motor Model – DJI 3510 

2.2.1.13 Propeller Model – DJI 1345 

2.2.1.14 Operating Temperature Range – 140F to 1040F (-100C to 400C) 

2.2.1.15 Dimensions – 17 1⁄4” x 17 3⁄4” x 12” 

2.2.2 Gimbal 

2.2.2.1 Model – ZENMUSE X3 

2.2.2.2 Output Power (with camera) – Static: 9W; In Motion: 11W

2.2.2.3 Operating Current – Static: 750mA; In Motion: 900mA 

2.2.2.4 Angular Vibration Range - ±0.030 

2.2.2.5 Mounting – Detachable 

2.2.2.6 Controllable Range – Pitch: -900 to +300; Pan: ±3200 

2.2.2.7 Mechanical Range – Pitch: -1250 to 450; Pan: ±3300 

2.2.2.8 Max Controllable Speed – Pitch: 1200/s; Pan: 1800/s 

2.2.3 Camera 

2.2.3.1 Name – Sony EXMOR 

2.2.3.2 Model – 12.4M Pixel 

2.2.3.3 Total Pixels – 12.4M 

2.2.3.4 Effective Pixels – 12.76M 

2.2.3.5 Image Max Size – 4000x3000 

2.2.3.6 ISO Range – 100-3200 

2.2.3.7 Field of View - 940 

2.2.3.8 CMOS – Sony EXMOR 1/2.3” 
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2.2.3.9 HD Video Recording – UHD (4K): 4096x2160p24/25, 3840x2160p24/25/30; FHD: 

1920x1080p24/25/30/48/50/60; HD: 1280x720 p24/25/30/48/50/60 

2.2.3.10 Operating Temperature Range - 320F - 1040F (00C - 400C) 

2.2.4 Transmitter 

2.2.4.1 Name – C1 

2.2.4.2 Operating Frequency – 5.728-5.850GHz; 2.400-2.483GHz 

2.2.4.3 Communicating Distance (unobstructed) – 2000m 

2.2.4.4 Output Power – 9W 

2.2.4.5 Operating Temperature Range - 140F to 1040F (-100C to 400C) 

2.2.4.6 Battery – 600mAh LiPo 2S