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February 2, 2016 

Attn: 

U. S. Department of Transportation Docket Operations 

West Building Ground Floor, Room w12-140

1200 New Jersey Ave, SE Washington, DC 20590 

RE: CUNNINGWORKER PRODUCTIONS, LLC 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 3, DJI Inspire 1, 

DJI Matrice 100, DJI Phantom Vision 2 Plus, UNMANNED AIRCRAFT SYSTEMS PURSUANT 

TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC 

LAW 112-95) 

Katonya Gray

Co-Owner

CunningWorker Productions, LLC

110 Calhoun Street

Jackson, MS 39203

601.291.4447

katonyag11@yahoo.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.........................................................................7

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH THE CUNNINGWORKER 

PRODUCTIONS, LLC SEEKS EXEMPTION........................................................................8

THE EXTENT OF RELIEF THE CUNNINGWORKER PRODUCTIONS, LLC SEEKS AND 

THE REASON THE CUNNINGWORKER PRODUCTIONS, LLC SEEKS THE 

RELIEF..............................................................11

THE REASONS WHY GRANTING THE CUNNINGWORKER PRODUCTIONS, LLC REQUEST

WOULD BE IN THE PUBLIC INTEREST ........................................................................14

THE REASONS WHY GRANTING THE EXEMPTION TO THE CUNNINGWORKER PRODUCTIONS, 

LLC WOULD NOT ADVERSELY AFFECT SAFETY..............................................................16

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER...................27

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT 

THE CUNNINGWORKER PRODUCTIONS, LLC REQUEST..................................................27

CONCLUSION.....................................................................................................................28

APPENDICES......................................................................................... 29
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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 

CUNNINGWORKER PRODUCTIONS, LLC hereafter referred to as CUNNINGWORKER 

PRODUCTIONS 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 (Phantom 3, DJI Inspire 1, DJI Phantom Vision 2 Plus, DJI Matrice 100) 

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

exemption will permit CUNNINGWORKER PRODUCTIONS 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, civil landscapes and events over certain 

areas of the United States. 

INTRODUCTION AND INTERESTS OF THE PETITIONER 

CUNNINGWORKER PRODUCTIONS has for over ten years provided their clients (which include 

private sector businesses and non-profits, along with local state agencies) with expertise and 

knowledge in video and advertising, public relations and training using advanced technologies and 

solutions. The CUNNINGWORKER PRODUCTIONS has worked on hundreds of productions over 

the past 10 years in all types of locations with a perfect client and employee safety record. The 

objective of CUNNINGWORKER PRODUCTIONS and our Unmanned Aircraft System (DJI 

Phantom 3, DJI Inspire 1, DJI Phantom Vision 2 Plus, DJI Matrice 100) 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

• Films, Documentaries, Music Videos

My staff has safely flown small RC electric quadcopters recreationally for approximately 2 years

without incident. 

BACKGROUND 

Unmanned Aircraft Systems: DJI Phantom 3, UAS 

CUNNINGWORKER PRODUCTIONS seeks an exemption to operate DJI Phantom 3 system for 

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

Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart 
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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 52.5’fps and a maximum 

flying height of 400'. The DJI Phantom 3 is equipped with four main rotors; driven by Lithium 

Polymer battery powered electric motors. 

CUNNINGWORKER PRODUCTIONS seeks an exemption to operate DJI Inspire 1 system for 

compensation or hire within the NAS. The DJI Inspire 1 is vertical takeoff and landing (VTOL) 

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

phone systems. The DJI Inspire 1 has a maximum gross weight of approximately 6.5 lb. while having 

a diagonal dimension of 25.9”, a maximum speed of approximately 72.1’fps and a maximum flying 

height of 400'. The DJI Inspire 1 is equipped with four main rotors; driven by Lithium Polymer 

battery powered electric motors. 

CUNNINGWORKER PRODUCTIONS seeks an exemption to operate DJI Phantom 2 Vision Plus 

system for compensation or hire within the NAS. The DJI Phantom 2 Vision Plus 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 2 Vision Plus has a maximum gross 

weight of approximately 2.7 lb. while having a diagonal dimension of 13.8”, a maximum speed of 

approximately 49.2’fps and a maximum flying height of 400'. The DJI Phantom 2 Vision Plus is 

equipped with four main rotors; driven by Lithium Polymer battery powered electric motors. 

CUNNINGWORKER PRODUCTIONS seeks an exemption to operate DJI Matrice 100 system for 

compensation or hire within the NAS. DJI Matrice 100 is vertical takeoff and landing (VTOL) 

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

phone systems. DJI Matrice 100 has a maximum gross weight of approximately 5.2 lb. while having 

a diagonal dimension of 23.2”, a maximum speed of approximately 72.1’fps and a maximum flying 

height of 400'. DJI Matrice 100 is equipped with four main rotors; driven by Lithium Polymer battery 

powered electric motors. 

The DJI Phantom 3, DJI Inspire 1, DJI Phantom Vision 2 Plus, DJI Matrice 100 that will be operated 

by CUNNINGWORKER PRODUCTIONS will be registered in Accordance with 49 U.S.C 44103, 

Registration of Aircraft, as well as 14 C.F.R Part 47, Aircraft Registration and marked in accordance 

with 14 C.F.R. Part 45, Identification and Registration Marking.

BASIS FOR PETITION 

Petitioner, CUNNINGWORKER PRODUCTIONS, 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, DJI Inspire 1, DJI Matrice 100, DJI 

Phantom Vision 2 Plus, 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), 
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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, CUNNINGWORKER PRODUCTIONS operation of DJI Phantom 3, DJI 

Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus 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, CUNNINGWORKER PRODUCTIONS 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 an airworthiness certificate. 

The CUNNINGWORKER PRODUCTIONS submits that the requested relief is proper since an 

equivalent level of safety will be ensured. CUNNINGWORKER PRODUCTIONS 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, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 

2 Plus Instruction Manual). Furthermore, CUNNINGWORKER PRODUCTIONS will document and 

maintain all maintenance records for the DJI Phantom 3 UAS. 

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

limitations: Pilot in command, is requested by CUNNINGWORKER PRODUCTIONS 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, DJI Inspire 1, 

DJI Matrice 100, DJI Phantom Vision 2 Plus UAS in a manner consistent with this exemption, 

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

vessels, vehicles and structures. 

CUNNINGWORKER PRODUCTIONS 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, CUNNINGWORKER PRODUCTIONS 

submits that they will ensure that the DJI Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI Phantom 

Vision 2 Plus 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, 

DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus Instruction Manual), and that the aircraft 

are in a condition for safe flight. 

CUNNINGWORKER PRODUCTIONS also seeks an exemption from the requirements of Section 

91.121, entitled Altimeter Settings, as the DJI Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI 

Phantom Vision 2 Plus UAS will not have a typical barometric altimeter onboard. However, altitude 

information of the DJI Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus UAS 

will be provided to the PIC via Global Positioning System (GPS) equipment and radio 
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communications telemetry data link, which downlinks from the UA to the GCS for active monitoring 

of the flight path. This altitude information, combined with CUNNINGWORKER PRODUCTIONS 

operation of the DJI Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus UAS 

within visual line of sight, at or below 400 feet AGL, will ensure a level of safety equivalent to 

Section 91.121. 

Additionally, CUNNINGWORKER PRODUCTIONS seeks an exemption from the requirements of 

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

PRODUCTIONS submits that safety will not be affected by operation of the DJI Phantom 3, DJI 

Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus 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 15-23 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, CUNNINGWORKER PRODUCTIONS 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: 

Katonya Gray

Co-Owner

CunningWorker Productions, LLC

110 Calhoun Street

Jackson, MS 39203

601.291.4447

katonyag11@yahoo.com
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B. The Specific Sections Of 14 C.F.R. From Which CUNNINGWORKER 

PRODUCTIONS Seeks Exemption. 

1. CUNNINGWORKER PRODUCTIONS 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. The CUNNINGWORKER PRODUCTIONS 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. The CUNNINGWORKER PRODUCTIONS 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) iii) In the case of an aircraft not equipped with a radio, the 
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elevation of the departure airport or an appropriate altimeter 

setting available before departure.

4. The CUNNINGWORKER PRODUCTIONS 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. CUNNINGWORKER PRODUCTIONS 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. CUNNINGWORKER PRODUCTIONS 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. CUNNINGWORKER PRODUCTIONS 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 -
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(1) An annual inspection in accordance with part 43 of this chapter 

and has been approved for return to service by a person 

authorized by § 43.7 of this chapter; or 

(2) An inspection for the issuance of an airworthiness certificate in 

accordance with part 21 of this chapter. 

8. CUNNINGWORKER PRODUCTIONS 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. 
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(v) The current status of applicable airworthiness directives 

(AD) and safety directives including, for each, the method 

of compliance, the AD or safety directive number and 

revision date. If the AD or safety directive involves 

recurring action, the time and date when the next action is 

required. 

(vi) Copies of the forms prescribed by § 43.9(d) of this chapter 

for each major alteration to the airframe and currently 

installed engines, rotors, propellers, and appliances. 

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

prescribed: 

(1) The records specified in paragraph (a)(1) of this section shall be 

retained until the work is repeated or superseded by other work or for 

1 year after the work is performed.

(2) The records specified in paragraph (a)(2) of this section shall be 

retained and transferred with the aircraft at the time the aircraft is 

sold. 

(3) A list of defects furnished to a registered owner or operator under § 

43.11 of this chapter shall be retained until the defects are repaired 

and the aircraft is approved for return to service. 

C. The Extent Of Relief CUNNINGWORKER PRODUCTIONS Seeks And The Reason 

The CUNNINGWORKER PRODUCTIONS Seeks The Relief. 

1. Extent Of Relief CUNNINGWORKER PRODUCTIONS Seeks And The Reason 

CUNNINGWORKER PRODUCTIONS 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, CUNNINGWORKER PRODUCTIONS 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, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 
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2 Plus 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, CUNNINGWORKER PRODUCTIONS submits that all flights of the DJI Phantom 3, DJI 

Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus UAS, conducted by the PIC pursuant to the 

grant of this Petition: (1) will be incidental to CUNNINGWORKER PRODUCTIONS business; and

(2) will not carry passengers or property for compensation or hire. 

2. Extent Of Relief CUNNINGWORKER PRODUCTIONS Seeks And The Reason 

CUNNINGWORKER PRODUCITONS 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 CUNNINGWORKER PRODUCTIONS to determine that the DJI 

Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus UAS are in 

airworthy condition prior to every flight by ensuring that the UAS is in compliance with 

the operating documents (i.e., CUNNINGWORKER PRODUCTIONS Aerial Operations 

Manual, Monthly Maintenance Log, and DJI Phantom 3, DJI Inspire 1, DJI Matrice 100, 

DJI Phantom Vision 2 Plus Instruction Manual). 

CUNNINGWORKER PRODUCTIONS seeks the requested relief because the DJI Phantom 

3, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus UAS do not require an 

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

CUNNINGWORKER PRODUCTIONS will ensure that the DJI Phantom 3, DJI Inspire 1, 

DJI Matrice 100, DJI Phantom Vision 2 Plus UAS are in airworthy condition based upon its 

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

3, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus) 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 CUNNINGWORKER PRODUCTIONS Seeks And The Reason 

CUNNINGWORKER PRODUCTIONS 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, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 

Plus 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), CUNNINGWORKER PRODUCTIONS seeks the requested 

relief because the DJI Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 

Plus UAS’s altimeter may be set on the ground to zero feet AGL, rather than the local 

barometric pressure or field altitude, before each flight. 
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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, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 

2 Plus 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 CUNNINGWORKER PRODUCTIONS Seeks And The Reason 

CUNNINGWORKER PRODUCTIONS 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, 

DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus UAS during daylight hours in 

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

duration of 15-23 minutes. CUNNINGWORKER PRODUCTIONS seeks the requested 

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

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

Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus UAS, the DJI Phantom 3, DJI 

Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus operating documents, and 

CUNNINGWORKER PRODUCTIONS proposed operating limitations, ensure that 

CUNNINGWORKER PRODUCTIONS will safely operate the battery powered DJI 

Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus during daylight 

hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with 

enough battery power to fly for a total duration of 15-23 minutes. 

5. Extent Of Relief CUNNINGWORKER PRODUCTIONS Seeks And The Reason 

CUNNINGWORKER PRODUCTIONS 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, CUNNINGWORKER PRODUCTIONS

requests relief from these Sections because the DJI Phantom 3, DJI Inspire 1, DJI Matrice 

100, DJI Phantom Vision 2 Plus UAS do not require airworthiness certificates. As set forth 

more fully below, the DJI Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 

Plus UAS meet the conditions of FMRA Section 333 for operation without an airworthiness 

certificate. Accordingly, CUNNINGWORKER PRODUCTIONS 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., 

CUNNINGWORKER PRODUCTIONS Aerial Operations Manual, Monthly Maintenance 

Log, and DJI Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus

Instruction Manual). Furthermore, CUNNINGWORKER PRODUCTIONS will document 

and maintain all maintenance records for the DJI Phantom 3 UAS. 
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D. The Reasons Why Granting CUNNINGWORKER PRODUCTIONS 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 

CUNNINGWORKER PRODUCTIONS 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, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 

2 Plus UAS will decrease congestion of the NAS, reduce pollution, and provide significant 

benefits to the economy. Notably, the benefits of CUNNINGWORKER PRODUCTIONS 

proposed operation of the DJI Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI Phantom 

Vision 2 Plus UAS will be realized without implicating any privacy issues. 

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

The DJI Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus 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, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vison 2 Plus 

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. DJI Phantom 3, DJI Inspire 1, DJI 

Matrice 100, DJI Phantom Vision 2 Plus 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, DJI 

Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus UAS. 

Conducting aerial acquisitions with the DJI Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI 

Phantom Vision 2 Plus 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, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus 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. DJI 
16 | P a g e

Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus 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, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus 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, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus 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, DJI 

Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus UAS Will Benefit The Economy.

In addition to being safe and efficient, the DJI Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI 

Phantom Vision 2 Plus UAS are also an economical alternative to using manned aircraft to 

conduct similar aerial operations. As such, operation of the DJI Phantom 3, DJI Inspire 1, DJI 

Matrice 100, DJI Phantom Vision 2 Plus UAS will allow United States based companies, like 

CUNNINGWORKER PRODUCTIONS, 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, DJI Inspire 1, DJI Matrice 100, DJI Phantom 

Vision 2 Plus UAS is one such technology that not only allows companies greater operational 

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

cost of a traditional manned aircraft.

By operating the DJI Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus UAS, 

companies such as CUNNINGWORKER PRODUCTIONS, 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, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 

Plus 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, The CUNNINGWORKER PRODUCTIONS proposed operation of the DJI 

Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus UAS will not 
17 | P a g e

implicate any privacy issues. Specifically, the DJI Phantom 3 UAS will be operated only in 

compliance with operating documents (i.e., CUNNINGWORKER PRODUCTIONS Aerial 

Operations Manual, Monthly Maintenance Log, and DJI Phantom 3, DJI Inspire 1, DJI 

Matrice 100, DJI Phantom Vision 2 Plus 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 § 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 CUNNINGWORKER PRODUCTIONS Seeks 

Exemption. 

1. Reasons Why DJI Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 

Plus 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, CUNNINGWORKER PRODUCTIONS operation of the DJI Phantom 3, 

DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus UAS meet the conditions of FMRA 

Section 333, and will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, 

Subpart H. 

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

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

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

in part: 

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

180 days after the date of enactment of this Act, the Secretary of Transportation shall 

determine if certain unmanned aircraft systems may operate safely in the national 

airspace system before completion of the plan and rulemaking required by section 332 of 

this Act or the guidance required by section 334 of this Act. 

(b) Assessment of Unmanned Aircraft Systems.--In making the determination under 

subsection (a), the Secretary shall determine, at a minimum-

(1) which types of unmanned aircraft systems, if any, as a result of their size, weight, 

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

operation within visual line of sight do not create a hazard to users of the national 

airspace system or the public or pose a threat to national security; and 

(2) whether a certificate of waiver, certificate of authorization, or airworthiness 

certification under section 44704 of title 49, United States Code, is required for the 

operation of unmanned aircraft systems identified under paragraph (1). 

(c) Requirements for Safe Operation.--If the Secretary determines under this section that 

certain unmanned aircraft systems may operate safely in the national airspace system, 
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the Secretary shall establish requirements for the safe operation of such aircraft systems 

in the national airspace system. 

In seeking this exemption, CUNNINGWORKER PRODUCTIONS submits that the DJI Phantom 3, 

DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus UAS can operate safely in the NAS 

pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the DJI Phantom 3, DJI 

Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus UAS; (b) the pilot certification requirement; 

and (c) the specific operating limitations. 

a. The Specifications Of The DJI Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI 

Phantom Vision 2 Plus UAS Demonstrate Its Safe Characteristics. 

The DJI Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus 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. 

b. Technical Specifications Of The DJI Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI 

Phantom Vision 2 Plus UAS. 

The technical specifications of the DJI Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI Phantom 

Vision 2 Plus UAS are set forth by the DJI Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI 

Phantom Vision 2 Plus User Manual, attached hereto as Appendix A.

iii. The DJI Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus

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, DJI Inspire 1, DJI Matrice 100, DJI Phantom 

Vision 2 Plus UAS will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI 

Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus does not reacquire control 

link data from the GCS, the UAS will assume that the Control Link is lost and the will return to the 

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

A complete description of the Failsafe Functions of the DJI Phantom 3, DJI Inspire 1, DJI Matrice 

100, DJI Phantom Vision 2 Plus UAS are set forth at pages 12 through 14 of the DJI Phantom 3 User 

Manual, attached hereto as Appendix A.

iv. The DJI Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus

GCS And Its Operation.

A complete description of the operation and specifications of the DJI Phantom 3, DJI Inspire 

1, DJI Matrice 100, DJI Phantom Vision 2 Plus 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.
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b. Flight Operations Of DJI Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI Phantom 

Vision 2 Plus UAS Is Limited To The Line Of Sight Of A Certificated Pilot in Command 

With A Safety Observer. 

CUNNINGWORKER PRODUCTIONS video production staff will be the only persons to act as 

a pilot in command (PIC) of the DJI Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI Phantom 

Vision 2 Plus UAS. Additionally, a safety observer will assist him at all times during flight time. 

c. Flights Of DJI Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus

UAS Will Be Conducted Pursuant To Specific Operating Limitations. 

In seeking this exemption, CUNNINGWORKER PRODUCTIONS proposes to commercially 

operate DJI Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus 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, DJI Inspire 1, DJI Matrice 100, DJI Phantom 

Vision 2 Plus Unmanned Aircraft Systems. Proposed operations of any other aircraft will 

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

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

purpose of aerial video and photography. 

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

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

(AGL), as indicated by the procedures specified in the operating documents unless a 

special request is made and approved by ATC. All altitudes reported to ATC must be in 

feet AGL. 

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

This requires the PIC to be able to use human vision unaided by any device other than 

corrective lenses, as specified on the PIC’s FAA-issued airman medical certificate. 

6. The use of first person view (FPV) by the PIC or safety observer (SO) is not permitted. 
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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. 
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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.
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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: 

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; 
23 | P a g e

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; 

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

CUNNINGWORKER PRODUCTIONS 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, DJI Inspire 1, 

DJI Matrice 100, DJI Phantom Vision 2 Plus UAS in a manner consistent with the exemption, 

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

vessels, vehicles and structures. 

Considering CUNNINGWORKER PRODUCTIONS 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, CUNNINGWORKER 

PRODUCTIONS submits that the additional manned airmanship experience of a commercially 

certificated pilot would not correlate to the airmanship skills necessary for CUNNINGWORKER 

PRODUCTIONS 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). 
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CUNNINGWORKER PRODUCTIONS will not allow any PIC to operate the DJI Phantom 3, 

DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus UAS unless that PIC has 

demonstrated, by meeting minimum flight-hour requirements or the DJI Phantom 3, DJI Inspire 

1, DJI Matrice 100, DJI Phantom Vision 2 Plus UAS training and currency requirements, that the 

PIC is able to safely operate the DJI Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI Phantom 

Vision 2 Plus UAS in a manner consistent with this exemption, including evasive and emergency 

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

Specifically, the PIC must have accumulated and logged, in a manner consistent with 14 C.F.R. § 

61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5 hours of those 

hours as a UAS pilot operation 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 CUNNINGWORKER PRODUCTIONS 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 

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, CUNNINGWORKER PRODUCTIONS will ensure safe operations by not 

allowing any PIC to operate the DJI Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI Phantom 

Vision 2 Plus UAS unless that PIC has demonstrated, by meeting minimum flight-hour and 
25 | P a g e

currency requirements, that the PIC is able to safely operate the DJI Phantom 3, DJI Inspire 1, 

DJI Matrice 100, DJI Phantom Vision 2 Plus 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. 

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

flight, CUNNINGWORKER PRODUCTIONS will ensure that the DJI Phantom 3, DJI Inspire 1, DJ1 

Matricde 100, DJI Phantom Vision 2 Plus 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, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 

Plus 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 CUNNINGWORKER PRODUCTIONS

operation of the DJI Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus 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, DJI Inspire 

1, DJI Matrice 100, DJI Phantom Vision 2 Plus UAS; (2) the limitations on the proposed flight 

operations; and (3) the location of the proposed flight operations. Accordingly,

CUNNINGWORKER PRODUCTIONS will ensure that it will safely operate the battery 
26 | P a g e

powered DJI Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus UAS during 

daylight hours in VFR conditions, with enough battery power to fly for a total duration of 15-23 

minutes. Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom 3, 

DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus 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, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus UAS provide audible and 

visual warnings to the PIC at the GCS when the UAS experiences low battery voltage, the first 

warning occurring at approximately 33% remaining battery power, and again at approximately 

10% remaining battery power. 

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

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

safety is not adversely affected when the technical characteristics and operating limitations of the 

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

minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. 

Moreover, the FAA has previously granted relief from Section 91.151 specific to UAS, in 

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

8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 

11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). 

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

91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would Not Adversely Affect 

Safety. 

In seeking this exemption, CUNNINGWORKER PRODUCTIONS 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 CUNNINGWORKER PRODUCTIONS 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., CUNNINGWORKER 

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

Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus Instruction Manual). Furthermore,

CUNNINGWORKER PRODUCTIONS will document and maintain all maintenance records for 

the Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus UAS. 

Since the DJI Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus UAS will 

be inspected as prescribed by the operating documents, CUNNINGWORKER PRODUCTIONS 

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, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 

2 Plus User Manual is attached hereto as Appendix A.
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Likewise, the exemption sought will not adversely affect safety because CUNNINGWORKER 

PRODUCTIONS 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, DJI 

Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus UAS will be performed by trained 

technicians. Maintenance will be documented and maintained utilizing the monthly maintenance 

log. 

Significantly, previous exemptions granted by the FAA concerning Sections 91.405(a), 

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

affected when the technical characteristics and operating limitations of the UAS are considered.

In consideration of CUNNINGWORKER PRODUCTIONS proposed operating limitations, the 

operating documents, and the technical aspects of the DJI Phantom 3, DJI Inspire 1, DJI Matrice 

100, DJI Phantom Vision 2 Plus UAS, CUNNINGWORKER PRODUCTIONS 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, CUNNINGWORKER PRODUCTIONS requests 

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

Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus 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, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus

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: 
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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 C.F.R. Part 21 do not contain 

 adequate or appropriate safety UAS, which contain such safety standards that the Administrator 

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

 Subpart H, and 14 C.F.R Sections 61.113

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

Which CUNNINGWORKER PRODUCTIONS Seeks Exemption: 

CUNNINGWORKER PRODUCTIONS 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 CUNNINGWORKER PRODUCTIONS

Seeks: 

This exemption will permit CUNNINGWORKER PRODUCTIONS 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

CUNNINGWORKER PRODUCTIONS 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, CUNNINGWORKER PRODUCTIONS 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. 
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As discussed in detail above, CUNNINGWORKER PRODUCTIONS will operate the DJI Phantom 

3, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus 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, CUNNINGWORKER PRODUCTIONS 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, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 

2 Plus 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 

CUNNINGWORKER PRODUCTIONS to safely, efficiently, and economically operate the DJI 

Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus UAS commercially within 

the NAS. 

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

and Refom Act of 2012, Section 333, CUNNINGWORKER PRODUCTIONS, LLC respectfully 

requests that the Administrator grant this Petition for an exemption from the requirements of 14

C.F.R. Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & 

(a)(2), and 91.417(a) & (b), and permit Leading Edge to operate the DJI Phantom 3, DJI Inspire 1, 

DJI Matrice 100, DJI Phantom Vision 2 Plus UAS commercially for the purpose of conducting aerial 

video and photography over certain areas of the United States.

Dated: February 2, 2016 

Respectfully submitted, 

Katonya Gray

Co-Owner

CunningWorker Productions, LLC

110 Calhoun Street

Jackson, MS 39203

601.291.4447

katonyag11@yahoo.com
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Appendices:

A – Link to DJI Phantom 3 Manual, DJI Inspire 1 Manual, DJI Matrice 100 Manual, DJI Phantom 2 

Vision Plus Manual: Click on link below.

http://download.djiinnovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual_v1.2_en.pdf 

https://dl.djicdn.com/downloads/inspire_1/en/Inspire_1_User_Manual_en_v2.0_1218.pdf

http://download.djiinnovations.com/downloads/dev/Matrice/en/M100_User_Manual_v1.4__en.pdf

http://dl.djicdn.com/downloads/phantom_2_vision_plus/en/Phantom_2_Vision_Plus_User_Man

ual_v1.8_en.pdf