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October 6, 2015 

Attn: U. S. Department of Transportation Docket Operations West Building Ground Floor, Room w12-

140 1200 New Jersey Ave, SE Washington, DC 20590

RE: ANTHONY	D.	MILLER,	Anthony	Miller	Photography	(AMP) REQUEST AN EXEMPTION 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 3UNMANNED AIRCRAFT SYSTEMS PURSUANT 

TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112-95)

Anthony D. Miller Owner Anthony Miller Photography (AMP), 4172 Silver Slate Drive, Jeffersonville, 

Indiana 47130, 502-817-3155 anthony@ampphotofilm.com

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TABLE OF CONTENTS

Page 

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

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

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

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

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

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

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH THE ANTHONY MILLER PHOTOGRAPHY SEEKS 

EXEMPTION............................................................................................................7 

THE EXTENT OF RELIEF THE ANTHONY MILLER PHOTOGRAPHY SEEKS AND THE REASON THE ANTHONY 

MILLER PHOTOGRAPHY SEEKS THE RELIEF..............................................................10 

THE REASONS WHY GRANTING THE ANTHONY MILLER PHOTOGRAPHY’S REQUEST WOULD BE IN THE 

PUBLIC INTEREST ............................................................................................12 

THE REASONS WHY GRANTING THE EXEMPTION TO THE ANTHONY MILLER PHOTOGRAPHY WOULD NOT 

ADVERSELY AFFECT SAFETY..............................................................14 

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER...................25 
ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT THE ANTHONY 

MILLER PHOTOGRAPHY’S REQUEST..................................................25

CONCLUSION.....................................................................................................................25

APPENDICES.........................................................................................26

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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) 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

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SUMMARY 

Anthony D. Miller, Anthony Miller Photography, hereafter referred to as ANTHONY MILLER 

PHOTOGRAPHY 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, (DJI Phantom 3 and other model variants under 55lbs. it may invest in in the future),

pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will 

permit ANTHONY MILLER PHOTOGRAPHY a “small” business entity to operate an Unmanned Aircraft 

System (UAS) for the commercial purpose of conducting aerial video and photography of construction 

sites, residential and commercial real estate, commercial business districts, civil landscapes, churches

and landmarks, civic & social events over certain areas of the United States. This exemption means a lot 

to me as a small business owner allowing me to compete in areas I struggled to provide a service for of 

this kind to potential clients in the past. Even as I worked on my own private documentary projects 

which required visuals from high elevations, many plans had to be abandoned due to these limitations.

Hiring a helicopter/airplane company to provide aerial overheads was not an option for me. Being able 

to operate a UAS commercially is a God-Send and would open up a whole new dimension of 

photographic services to clients needing images from an aerial view. This exemption will allow me to 

keep pace with the competition in our industry.

INTRODUCTION AND INTERESTS OF THE PETITIONER 

ANTHONY MILLER PHOTOGRAPHY has provided clients (which include private sector businesses and 

non-profits, along with local state agencies), with outstanding customer service, knowledge and 

expertise in photography, video and graphic design for eight years. The objective of ANTHONY MILLER 

PHOTOGRAPHY and our Unmanned Aircraft System (DJI Phantom 3) aerial operations is to provide a 
more affordable, high-quality production system for a variety of governmental, commercial, public, and 

residential uses, specifically targeting Construction sites before and after, Appraisals, Real-estate 

marketing, Economic development, Civic landmarks, Special event coverage, Private and governmental 

training.

My former military background in aviation (Tail Gunner B52), prepared me for the rigors of flight and 

teamwork needed to fly on such a large specialized aircraft. As an aircrew member a reverence for flight 

and flight safety was forged in me. I’ve flown many hours in flight simulators in the past and have an 

affinity for flying. I am safety conscious/safe and don’t take risks when flying my UAS. ANTHONY MILLER 

PHOTOGRAPHY seeks an exemption to operate the DJI Phantom 3 system and or other variants for 

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

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

systems. The DJI Phantom 3 has a maximum gross weight of approximately 2.8 lb. while having a 

diagonal dimension of 23.2”, a maximum speed of approximately 16.4’fps and a maximum flying height 

of 400'. (If the structure is above 400' then the aerial copter will be flown 100' above the peak for safety 

purposes). The DJI Phantom 3 is equipped with four main rotors; driven by Lithium Polymer battery 

powered electric motors. The DJI Phantom 3 that will be operated by ANTHONY MILLER PHOTOGRAPHY 

will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft, as well as 14 C.F.R Part 47, 

Aircraft Registration, and marked in accordance with 14 C.F.R. Part 45, Identification and Registration 

Marking.

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BASIS FOR PETITION Petitioner, ANTHONY MILLER PHOTOGRAPHY, pursuant to the provisions of the 

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

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

Administrator to commercially operate the DJI Phantom 3, UAS in the National Airspace System (NAS), 

and for an exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). In consideration of the speed, weight, 

size, and limited operating area associated with the unmanned aircraft and its operation, ANTHONY 

MILLER PHOTOGRAPHY operation of DJI Phantom 3 UAS meets the conditions of FMRA Section 333 and 

therefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. 

Accordingly, ANTHONY MILLER PHOTOGRAPHY 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. ANTHONY MILLER PHOTOGRAPHY submits that 

the requested relief is proper since an equivalent level of safety will be ensured. ANTHONY MILLER 

PHOTOGRAPHY will use experienced personnel or technicians to perform maintenance, alterations, or 

preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the 

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

Furthermore, The ANTHONY MILLER PHOTOGRAPHY will document and maintain all maintenance 

records for the DJI Phantom 3UAS. Relief from certain requirements of Section 61.113(a) and (b), 

entitled Private pilot privileges and limitations: Pilot in command, is requested by ANTHONY MILLER 

PHOTOGRAPHY 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 

UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from people, vessels, vehicles and structures. ANTHONY MILLER 

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

Phantom 3 UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart 

H. As such, ANTHONY MILLER PHOTOGRAPHY submits that they will ensure that the DJI Phantom 3 UAS 

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

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

the aircraft are in a condition for safe flight. 

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ANTHONY MILLER PHOTOGRAPHY also seeks an exemption from the requirements of Section 91.121, 

entitled Altimeter Settings, as the DJI Phantom 3 UAS will not have a typical barometric altimeter 

onboard. However, altitude information of the DJI Phantom 3 UAS will be provided to the PIC via Global 

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

from the UA to the GCS for active monitoring of the flight path. This altitude information, combined with 

ANTHONY MILLER PHOTOGRAPHY’s operation of the DJI Phantom 3 UAS within visual line of sight, at or 

below 400 feet AGL, will ensure a level of safety equivalent to Section 91.121. Additionally, The 

ANTHONY MILLER PHOTOGRAPHY seeks an exemption from the requirements of Section 91.151(b), 

entitled Fuel requirements for flight in VFR conditions. ANTHONY MILLER PHOTOGRAPHY submits that 

safety will not be affected by operation of the DJI Phantom 3 UAS during daylight hours in visual 

meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fly for a 

total duration of approximately 23 minutes. Battery power indicators are also able to show exactly how 

much battery power is left, as well as how much time is needed to return safely back to point of take off. 

In accordance with 14 C.F.R. § 11.81, ANTHONY MILLER PHOTOGRAPHY 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: 

Anthony D. Miller Owner MPV Visual Studio Productions, 4172 Silver Slate Drive, Jeffersonville, Indiana 

47130, 502-817-3155 anthony@ampphotofilm.com

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B. The Specific Sections of 14 C.F.R. from which ANTHONY MILLER PHOTOGRAPHY Seeks Exemption. 1. 

ANTHONY MILLER PHOTOGRAPHY 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. ANTHONY MILLER PHOTOGRAPHY 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. ANTHONY MILLER PHOTOGRAPHY 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. 

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4. ANTHONY MILLER PHOTOGRAPHY 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. ANTHONY MILLER 

PHOTOGRAPHY 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. ANTHONY MILLER PHOTOGRAPHY 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. ANTHONY MILLER PHOTOGRAPHY 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. 

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8. ANTHONY MILLER PHOTOGRAPHY 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. 

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(b) The owner or operator shall retain the following records for the periods prescribed: (1) The records 

specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by 

other work or for 1 year after the work is performed. (2) The records specified in paragraph (a)(2) of this 

section shall be retained and transferred with the aircraft at the time the aircraft is sold. (3) A list of 

defects furnished to a registered owner or operator under § 43.11 of this chapter shall be retained until 

the defects are repaired and the aircraft is approved for return to service. 

C. The Extent Of Relief ANTHONY MILLER PHOTOGRAPHY Seeks And The Reason ANTHONY MILLER 

PHOTOGRAPHY Seeks The Relief. 1. Extent Of Relief ANTHONY MILLER PHOTOGRAPHY Seeks And The 

Reason ANTHONY MILLER PHOTOGRAPHY 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, ANTHONY MILLER PHOTOGRAPHY

submits that an equivalent level of safety will be maintained because no PIC will be allowed to operate 

the DJI Phantom 3 UAS unless that PIC has met certain flight-hour and currency requirements, 

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

consistent with the operations specifications as described in this exemption, including evasive and 

emergency maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and 

structures. Further, ANTHONY MILLER PHOTOGRAPHY submits that all flights of the DJI Phantom 3 UAS, 
conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to The ANTHONY 

MILLER PHOTOGRAPHY’s business; and (2) will not carry passengers or property for compensation or 

hire.

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2. Extent Of Relief ANTHONY MILLER PHOTOGRAPHY Seeks And The Reason ANTHONY MILLER 

PHOTOGRAPHY 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 ANTHONY MILLER PHOTOGRAPHY to 

determine that the DJI Phantom 3 UAS are in airworthy condition prior to every flight by ensuring that 

the UAS is in compliance with the operating documents (i.e., ANTHONY MILLER PHOTOGRAPHY Aerial 

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

MILLER PHOTOGRAPHY seeks the requested relief because the DJI Phantom 3 UAS do not require an 

airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, ANTHONY MILLER 

PHOTOGRAPHY will ensure that the DJI Phantom 3 UAS are in airworthy condition based upon its 

compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3) prior to 

every flight, and further, determine that the aircraft are in condition for safe flight, as stated in the 

conditions and limitations below.

3. Extent Of Relief ANTHONY MILLER PHOTOGRAPHY Seeks And The Reason ANTHONY MILLER 

PHOTOGRAPHY Seeks Relief From Section 91.121. Relief from Section 91.121, entitled Altimeter 

settings, may be required to allow flight operations of the DJI Phantom 3 UAS, which utilize a barometric 

pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude 

information from the UA to the PIC at the ground control station (GCS). Since the FAA requires that any 

altitude information concerning UAS operations be reported to air traffic control (ATC) in feet above 

ground level (AGL), ANTHONY MILLER PHOTOGRAPHY 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 ANTHONY MILLER PHOTOGRAPHY Seeks And Reason ANTHONY MILLER 

PHOTOGRAPHY Seeks Relief From Section 91.151(b). Relief from Section 91.151(b) entitled Fuel 

requirements for flight in VFR conditions, is requested to the extent required to allow flights of the 

battery powered DJI Phantom 3 UAS during daylight hours in visual meteorological conditions (VMC), 

under visual flight rules (VFR), for a total duration of 23 minutes. ANTHONY MILLER PHOTOGRAPHY

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

duration of the 

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battery powered DJI Phantom 3 UAS will severely constrain the practicality of any aerial video or still 

photo flight operations that ANTHONY MILLER PHOTOGRAPHY proposes to conduct pursuant to this 

Petition. Significantly, as set forth below, the technical specifications of the DJI Phantom 3 UAS, the DJI 

Phantom 3 operating documents, and ANTHONY MILLER PHOTOGRAPHY’s proposed operating 

limitations, ensure that ANTHONY MILLER PHOTOGRAPHY 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 23minutes.

5. Extent Of Relief ANTHONY MILLER PHOTOGRAPHY Seeks And The Reason ANTHONY MILLER 

PHOTOGRAPHY 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, The ANTHONY MILLER PHOTOGRAPHY requests relief from 

these Sections because the DJI Phantom 3 UAS do not require airworthiness certificates. As set forth 

more fully below, the DJI Phantom 3 UAS meet the conditions of FMRA Section 333 for operation 

without an airworthiness certificate. Accordingly, ANTHONY MILLER PHOTOGRAPHY will use trained 

technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the 

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

MILLER PHOTOGRAPHY Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 

Instruction Manual). Furthermore, ANTHONY MILLER PHOTOGRAPHY will document and maintain all 

maintenance records for the DJI Phantom 3 UAS. 

D. The Reasons Why Granting ANTHONY MILLER PHOTOGRAPHY 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 ANTHONY MILLER PHOTOGRAPHY to safely, efficiently, and economically 

perform aerial video and photography of construction sites, real estate, events and civic landscape over 

certain areas of the United States. Additionally, use of the DJI Phantom 3 UAS will decrease congestion 

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

ANTHONY MILLER PHOTOGRAPHY’s proposed operation of the DJI Phantom 3 UAS will be realized 

without implicating any privacy issues. 

1. The Public Will Benefit From Decreased Congestion Of The NAS. The DJI Phantom 3 UAS are battery 

powered and serve as a safe, efficient, and economical alternative to the manned aircraft traditionally 

utilized to obtain aerial imagery. By reducing the 

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amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of a 

DJI Phantom 3 UAS would reduce the amount of manned aircraft in the NAS, reduce noise and air 

pollution, as well as increase the safety of life and property in the air and on the ground. Furthermore, 

by reducing the number of manned aircraft operating in the NAS, congestion around airports caused by 

arriving and departing aircraft will be reduced. The DJI Phantom 3 UAS do not require an airport to 

takeoff or land. Likewise, a reduction of manned aircraft conducting aerial video and photography 
missions would result in fewer aircraft that must be handled by air traffic control during the ground, 

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

2. The Public Will Benefit From The Safety And Efficiency Of The DJI Phantom 3 UAS. Conducting aerial 

acquisitions with the DJI Phantom 3 UAS, instead of manned aircraft, will greatly benefit the public by 

drastically reducing the levels of air and noise pollution generated during traditional aerial video and still 

photography flight operations. By using battery power and electric motors, the DJI Phantom 3 UAS 

produce no air pollution, and is the most viable environmentally conscious alternative to the cabin class, 

six cylinder internal combustion engine aircraft that are typically utilized for aerial video and 

photography, while burning approximately 20-30 gallons per hour of leaded aviation fuel. The DJI 

Phantom 3 UAS, while reducing the carbon footprint of aerial acquisitions, also eliminates noise 

pollution, as the UAS are propelled by battery powered electric motors, rather than an internal 

combustion engine. By using the DJI Phantom 3 UAS to perform aerial acquisitions, the substantial risk 

to life and property in the air and on the ground, which is usually associated with traditional manned 

aircraft flight operations, will be substantially reduced or completely eliminated. Aside from the lack of 

flight crew members located onboard the aircraft, the DJI Phantom 3 UAS (weighing approximately 2.8 

pounds at their maximum gross weight with diagonal dimension of 23.2 inches, and with no fuel on 

board), has less physical potential for collateral damage to life and property on the ground, and in the 

air, compared to the manned aircraft that typically conduct similar operations (weighing approximately 

6,000 pounds with a wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 

gallons). 3. Performing Aerial Video and Photography Operations with The DJI Phantom 3 UAS Will 

Benefit The Economy. In addition to being safe and efficient, the DJI Phantom 3 UAS are also an 

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

of the DJI Phantom 3 UAS will allow United States based companies, like The ANTHONY MILLER 

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

the rising cost of aviation fuel and the Environmental Protection Agency (“EPA”) regulatory actions 

phasing out leaded aviation fuels, U.S. owned and operated companies must adopt new and alternative 

technology in order to remain competitive. Operating the battery powered DJI Phantom 3 UAS is one 

such technology that not only allows companies greater operational 

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Flexibility compared to manned aircraft, but provides such flexibility without the high operational cost of 

a traditional manned aircraft. By operating the DJI Phantom 3 UAS, companies such as ANTHONY MILLER 

PHOTOGRAPHY, can remain competitive and profitable, and therefore, provide greater job stability to 

employees and contractors, which will ultimately contribute to growth of the U.S. economy. Improved 

financial performance of U.S. companies, through commercial use of the DJI Phantom 3 UAS, provides a 

stable workforce that increases consumer spending; improves local, state, and federal tax revenues; and 

allows companies to invest in research and development in order to remain competitive both in the 

United States and abroad. 

4. There Are No Privacy Issues. Similar to the manned aerial acquisition flight operations that have been 

conducted for decades, ANTHONY MILLER PHOTOGRAPHY’s proposed operation of the DJI Phantom 3 
UAS will not implicate any privacy issues. Specifically, the DJI Phantom 3 UAS will be operated only in 

compliance with operating documents (i.e., the ANTHONY MILLER PHOTOGRAPHY Aerial Operations 

Manual, Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual) which requires property 

owner involvement as well as local law enforcement notification, and in accordance with the Federal 

Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119. 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 ANTHONY MILLER 

PHOTOGRAPHY 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, ANTHONY 

MILLER PHOTOGRAPHY’s operation of the DJI Phantom 3 UAS meet the conditions of FMRA Section 333, 

and will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Section 

333 provides authority for a UAS to operate without airworthiness certification and sets forth 

requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or 

otherwise pose a threat to national security. Specifically, FMRA Section 333 states the following, in part: 

(a) In General.--Notwithstanding any other requirement of this subtitle, and not later than 180 days 

after the date of enactment of this Act, the Secretary of Transportation shall determine if certain 

unmanned aircraft systems may operate safely in the national airspace system before completion of the 

plan and rulemaking required by section 332 of this Act or the guidance required by section 334 of this 

Act. 

15

(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, ANTHONY MILLER PHOTOGRAPHY submits that the DJI Phantom 3 UAS can operate 

safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the DJI 

Phantom 3 UAS; (b) the pilot certification requirement; and (c) the specific operating limitations. a. The 

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

does not create a hazard to users of the NAS or the public, or otherwise pose a threat to national 

security considering its size, weight, speed, and operational capability. i. Technical Specifications Of The 

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

Phantom 3 User Manual, attached hereto as Appendix A. ii. The DJI Phantom 3 UAS Global Positioning 

Modes Enable The UAS To Remain Within A Defined Operational Area. The DJI Phantom 3 UAS may be 
operated in both manual and global positioning flight modes. A complete description of the flight and 

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

attached hereto as Appendix A. iii. The DJI Phantom 3 UAS Are Designed For Automatic Return To Home 

Point Or Hover In The Event Of Loss Of The Control Link Or Navigation. When the Control Link is lost, the 

DJI Phantom 3 UAS will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI 

Phantom 3 UAS does not reacquire control link data from the GCS, the UAS will assume that the Control 

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

takeoff position and shutdown. 

16

A complete description of the Failsafe Functions of the DJI Phantom 3 UAS are set forth at pages 

12through 14of the DJI Phantom 3 User Manual, attached hereto as Appendix A. iv. The DJI Phantom 3 

GCS And Its Operation. A complete description of the operation and specifications of the DJI Phantom 3 

GCS and flight control software is provided at pages 23 through 29 of the DJI Phantom 3 User Manual. 

DJI Phantom 3 User Manual is attached hereto as Appendix A. b. Flight Operations of the DJI Phantom 3 

UAS Is Limited To The Line Of Sight Of A Certificated Pilot in Command With A Safety Observer. 

ANTHONY MILLER PHOTOGRAPHY video production staff will be the only persons to act as a pilot in 

command (PIC) of the DJI Phantom 3 UAS. Additionally, a safety observer will assist him at all times 

during flight time. c. Flights Of DJI Phantom 3 UAS Will Be Conducted Pursuant To Specific Operating 

Limitations. In seeking this exemption, ANTHONY MILLER PHOTOGRAPHY proposes to commercially 

operate DJI Phantom 3 UAS for the special purpose of conducting aerial video and photography over 

certain areas of United States, pursuant to the following specific operating limitations. 1. Operations 

authorized by this grant of exemption will be limited to the following aircraft described in the operating 

documents, rotorcraft UAS weighing less than 55 pounds maximum gross weight: DJI Phantom 3 

Unmanned Aircraft Systems. Proposed operations of any other aircraft will require a new petition or a 

petition to amend this grant. 

2. UAS operations under this exemption will be limited to conducting operations for the purpose of 

aerial video and photography. 3. The UAS may not be flown at an indicated airspeed exceeding 20 

knots. 4. The UAS must be operated at an altitude of no more than 400 feet above ground level (AGL)

unless the structure being surveyed is higher than the 400 feet limit at which only a height of 100 feet 

above the structure for safe clearance will be attained to get a clear aerial overhead. 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. 

17

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

requirement as long as the PIC always maintains VLOS capability. The SO and PIC must be able to 

communicate verbally at all times. Electronic messaging or texting is not permitted during flight 
operations. The PIC must be designated before the flight and cannot transfer his or her designation for 

the duration of the flight. The PIC must ensure that the SO can perform the functions prescribed in the 

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

and avoiding other air traffic and other ground based obstacles/obstructions and is not permitted to 

operate the camera or other instruments. 9. The operating documents and the grant of exemption must 

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

discrepancy exists between the conditions and limitations contained in the grant of exemption and the 

procedures outlined in the operating documents, the conditions and limitations contained in the grant 

of exemption take precedence and must be followed. Otherwise, the operator must follow the 

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

documents. It is the operator’s responsibility to track such revisions and present updated and revised 

documents to the Administrator upon request. The operator must also present updated and revised 

documents if it petitions for extension or amendment to the grant of exemption. If the operator 

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

exemption, then the operator must petition for amendment to its grant of exemption. The FAA’s UAS 

Integration Office (AFS-80) may be contacted if questions arise regarding updates or revisions to the 

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

condition for safe flight. If the inspection reveals a condition that affects the safe operation of the UAS, 

the aircraft is prohibited from operating until the necessary maintenance has been performed and the 

UAS is found to be in a condition for safe flight. The Ground Control Station must be included in the 

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

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

flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test 

flight. The PIC who conducts the functional test flight must make an entry in the aircraft records. 12. The 

pre-flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or 

equipment, not already covered in the relevant sections of the operating documents. 13. The operator 

must follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, replacement, 

inspection, and life limit requirements. 

18

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

accordance with the operating documents. Maintenance, inspection, alterations, and status of 

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

service, description of work accomplished, and the signature of the authorized person returning the UAS 

to service. 15. Each UAS operated under this exemption must comply with all manufacturer Safety 

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

taken against discrepancies discovered between inspections. 17. The PIC must possess at least a private 

pilot certificate and at least a current third class medical certificate. 18. The operator may not permit 

any PIC to operate unless the PIC meets the operator’s qualification criteria and demonstrates the ability 

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

exemption, including evasive and emergency maneuvers and maintaining appropriate distances from 
persons, vessels, vehicles and structures. PIC qualification flight hours must be logged in a manner 

consistent with 14 C.F.R. § 61.51(b). Flights for the purposes of training the operator’s PICs are 

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

during dedicated training sessions. During training, proficiency, and experience-building flights, all 

persons not essential for flight operations are considered nonparticipants, and the PIC must operate the 

UA with appropriate distance from nonparticipants in accordance with 14 C.F.R. § 91.119. 19. UAS 

operations may not be conducted during night, as defined in 14 C.F.R. § 1.1. All operations must be 

conducted under visual meteorological conditions (VMC). If flight at night is required, a special request 

will be made at the FAA office closest to proposed area of operations. Flights under special visual flight 

rules (SVFR) are not authorized. 20. The UA may not operate within 5 nautical miles of an airport 

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

with that airport’s management is obtained, and the operation is conducted in accordance with a 

NOTAM as required by the operator’s COA. The letter of agreement with the airport management must 

be made available to the Administrator upon request. 21. The UA may not be operated less than 500 

feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles 

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

predetermined location within the planned operating area and land or be recovered in accordance with 

the operating documents. 

19

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 (NNumber) 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. 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; 

20

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. ANTHONY MILLER PHOTOGRAPHY submits that the equivalent level of safety 

established by Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate 

the DJI Phantom 3 UAS unless that PIC has demonstrated, by meeting minimum flight-hour and currency 

requirements, that the PIC is able to safely operate the DJI Phantom 3 UAS in a manner consistent with 

the exemption, including evasive and emergency maneuvers and maintaining appropriate distances 

from people, vessels, vehicles and structures. Considering ANTHONY MILLER PHOTOGRAPHY’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, ANTHONY MILLER 

PHOTOGRAPHY submits that the additional manned airmanship experience of a commercially 

certificated pilot would not correlate to the airmanship skills necessary for ANTHONY MILLER 

PHOTOGRAPHY’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). ANTHONY MILLER PHOTOGRAPHY

will not allow any PIC to operate the DJI Phantom 3 UAS unless that PIC has demonstrated, by meeting 

minimum flight-hour requirements or the DJI Phantom 3 UAS training and currency requirements, that 

the PIC is able to safely operate the DJI Phantom 3 UAS in a manner consistent with this exemption, 

including evasive and emergency maneuvers and maintaining appropriate distances from people, 

vessels, vehicles and structures. Specifically, the PIC must have accumulated and logged, in a manner 

consistent with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 

5 hours of those 
21

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 ANTHONY MILLER PHOTOGRAPHY’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 

multi-rotor 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 experiencebuilding 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, ANTHONY MILLER PHOTOGRAPHY 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. 

3. Reasons Why An Exemption From The Requirements Of Section 91.7(a) Would Not Adversely Affect 

Safety. 

22

The equivalent level of safety established by Section 91.7(a) will be maintained because prior to every 

flight, ANTHONY MILLER PHOTOGRAPHY 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 ANTHONY MILLER 

PHOTOGRAPHY’s operation of the DJI Phantom 3 UAS within visual line of sight, at or below 500 feet 

AGL, will ensure a level of safety equivalent to Section 91.121. The altitude information will be 

generated by GPS equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiation 

point is automatically established by the UAS at ground level. The FAA has previously granted relief from 

Section 91.121 specific to UAS, in circumstances similar, in all material respects, to those presented 

herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 

11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). 

5. Reasons Why an Exemption from the Requirements of Section 91.151(b) Would Not Adversely Affect 

Safety. A grant of this exemption would ensure an equivalent level of safety established by 14 C.F.R. 

Section 91.151(b) as a result of (1) the technical specifications of the DJI Phantom 3 UAS; (2) the 

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

Accordingly, ANTHONY MILLER PHOTOGRAPHY 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 23minutes. Here, as in Exemption No. 11109, the technical specifications of the 

DJI Phantom 3 UAS; the limitations on the proposed flight operations; and the location of the proposed 

operations, will ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b). 

Furthermore, safety will be ensured as the DJI Phantom 3 UAS provide audible and visual warnings to

the PIC at the GCS when the UAS experiences low battery voltage, the first warning occurring at 

approximately 33% remaining battery power, and again at approximately 10% remaining battery power.

23

At the critically low battery level, the DJI Phantom 3 UAS will descend and land automatically. 

Significantly, previous exemptions granted by the FAA concerning Section 91.151 establish that safety is 

not adversely affected when the technical characteristics and operating limitations of the UAS are 

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

prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has 

previously granted relief from Section 91.151 specific to UAS, in circumstances similar, in all material 

respects, to those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063, 

11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 

11159, 11160, 11161). 

6. Reasons Why An Exemption From The Requirements Of Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) 

& (a)(2), And 91.417(a) & (b) Would Not Adversely Affect Safety. In seeking this exemption, The 
ANTHONY MILLER PHOTOGRAPHY 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 ANTHONY MILLER PHOTOGRAPHY will use 

trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using 

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

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

Manual). Furthermore, ANTHONY MILLER PHOTOGRAPHY will document and maintain all maintenance 

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

operating documents, ANTHONY MILLER PHOTOGRAPHY 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 A and B; a copy of the DJI Phantom 3 UAS Maintenance LOG is 

attached hereto as Appendix C. Likewise, the exemption sought will not adversely affect safety because 

ANTHONY MILLER PHOTOGRAPHY will use trained technicians to perform maintenance, alterations or 

preventive maintenance on the UAS using the methods, techniques, and practices prescribed by the 

operating documents. Furthermore, the exemption sought would maintain an equivalent level of safety 

established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the DJI Phantom 3 

UAS will be performed by trained technicians. Maintenance will be documented and maintained utilizing 

the monthly maintenance log. Significantly, previous exemptions granted by the FAA concerning 

Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not 

adversely affected when the technical characteristics and operating limitations of the UAS are 

considered. 

24

In consideration of ANTHONY MILLER PHOTOGRAPHY’s proposed operating limitations, the operating 

documents, and the technical aspects of the DJI Phantom 3 UAS, ANTHONY MILLER PHOTOGRAPHY

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, The ANTHONY MILLER 

PHOTOGRAPHY requests that the FAA prescribe special conditions for the intended operation of the DJI 

Phantom 3 UAS, which contain such safety standards that the Administrator finds necessary to establish 

a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) 

& (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). 

Such special conditions will permit safe operation of the UAS for the limited purpose of conducting 

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

Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of 

the NAS or the public, or otherwise pose a threat to national security; and further, provides the 

authority for such UAS to operate without airworthiness certification in accordance with any 
requirements that must be established for the safe operation of the UAS in the NAS. Likewise, the 

Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for operation of the DJI 

Phantom 3 UAS, since the airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or 

appropriate safety standards, due to the novel or unusual design features of the aircraft. Section 21.16, 

entitled Special Conditions, states the following: If the FAA finds that the airworthiness regulations of 

this subchapter do not contain adequate or appropriate safety standards for an aircraft, aircraft engine, 

or propeller because of a novel or unusual design feature of the aircraft, aircraft engine or propeller, he 

prescribes special conditions and amendments thereto for the product. The special conditions are issued 

in accordance with Part 11 of this chapter and contain such safety standards for the aircraft, aircraft 

engine or propeller as the FAA finds necessary to establish a level of safety equivalent to that 

established in the regulations. See 14 C.F.R. § 21.16. Therefore, in accordance with FMRA Section 333 

and 14 C.F.R. § 21.16, the FAA may prescribe special conditions for Leading Edge’s intended operation of 

the DJI Phantom 3 UAS, which contain such safety standards that the Administrator finds necessary to 

establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R 

Sections 

25

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

ANTHONY MILLER PHOTOGRAPHY Seeks Exemption: 

ANTHONY MILLER PHOTOGRAPHY 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 ANTHONY MILLER PHOTOGRAPHY Seeks: This 

exemption will permit The ANTHONY MILLER PHOTOGRAPHY 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 ANTHONY 

MILLER PHOTOGRAPHY’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, ANTHONY MILLER PHOTOGRAPHY’s request for exemption may be granted pursuant to the 

authority of FMRA Section 333 and 14 C.F.R. Part 11, as set forth above. FMRA Section 333 sets forth the 

requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or 

otherwise pose a threat to national security; and further, provides the authority for such UAS to operate 

without airworthiness certification. As discussed in detail above, ANTHONY MILLER PHOTOGRAPHY will 

operate the DJI Phantom 3 UAS safely in the NAS, without creating a hazard to users of the NAS, or the 

public, or otherwise pose a threat to national security. CONCLUSION As set forth herein, The ANTHONY 

MILLER PHOTOGRAPHY seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA 
Modernization and Reform Act of 2012 (FMRA), which will permit safe operation of the DJI Phantom 3 

UAS commercially, without an airworthiness certificate, for the limited purpose of conducting aerial 

video and photography over certain areas of the United States. By granting this Petition, the FAA 

Administrator will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 

2012, while also advancing the interests of the public, by allowing ANTHONY MILLER PHOTOGRAPHY to 

safely, efficiently, and economically operate the DJI Phantom 3 UAS commercially within the NAS. 

26

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

Reform Act of 2012, Section 333, The ANTHONY MILLER PHOTOGRAPHY 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 Leading Edge to operate the DJI Phantom 3 UAS commercially for the purpose of conducting 

aerial video and photography over certain areas of the United States. 

Respectfully submitted,

Anthony D. Miller

Anthony D. Miller Owner Anthony Miller Photography, 4172 Silver Slate Drive, Jeffersonville, Indiana 

47130, 502-817-3155 anthony@ampphotofilm.com

Appendices:

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

http://download.djiinnovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manua

l_v1.2_en.pdf

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