AERIAL AND SEA VENTURES, LLC’s Petition For Exemption Pursuant to Section 333 of the 

FAA Modernization and Reform Act of 2012 For Commercial Use Of A DJI Phantom 3 

Professional Remotely Piloted Quadcopter sUAS For Aerial Photography

FAA Rules Docket: ___________________

NAME AND ADDRESS OF APPLICANT COUNSEL FOR APPLICANT

AERIAL AND SEA VENTURES, LLC Brant C. Hadaway

970 Lake Carillon Drive DIAZ REUS & TARG, LLP

Suite 300 3400 Miami Tower

St. Petersburg, FL 33716 100 Southeast Second Street

Bseither@gmail.com Miami, Florida 33131

Telephone (305) 375-9220

Facsimile (305) 375-8050

bhadaway@diazreus.com
Aerial and Sea Ventures, LLC 

Petition For Exemption

January 8, 2016

2

A. Petition Summary

Aerial and Sea Ventures, LLC (“Aerial”) hereby respectfully requests expedited approval 

and necessary exemptions from the Federal Aviation Administration’s (“FAA”) airworthiness 

certification and related requirements (i.e., 49 U.S.C. § 44704, 14 C.F.R. Part 21, and 14 C.F.R. 

§§ 45.23(b), 91.7(a), 91.9(b)(2), 91.103, 91.119, 91.121, 91.151(a)(1), 91.203(a)-(b), 91.405(a), 

91.407(a)(1), 91.409(a)(2), and 91.417(a)-(b)) for the purpose of operating its remotely-piloted 

quadcopter, a DJI Phantom 3 Professional (“DJI”), to provide aerial photography and videorelated services in the United States. The DJI is a highly successful, safe, efficient, and effective 

small unmanned aircraft system (“sUAS”). The DJI is a consumer grade small rotorcraft in the 

quadcopter configuration. Aerial seeks the exemptions to bring the commercial benefits of the 

DJI to its business and its clients. 

Aerial seeks the exemptions pursuant to Section 333 of the FAA Modernization and 

Reform Act of 2012 (the “FMRA”), Pub. Law 112 – 95 (hereinafter, “Section 333”), 49 U.S.C. §

40101, and the FAA’s general exemption authority under 49 U.S.C. § 44701 (f) (“Section 

44701(f)”). The requested exemptions satisfy the applicable statutory criteria and policies, will 

serve the public interest, will not adversely affect safety, and will provide a level of safety at 

least equal to the existing airworthiness and related regulations. 

Aerial asks that its Petition be granted on an expedited basis. The exemptions Aerial 

seeks in this Petition are all similar in all material respects to those requested in, for example,

Grant for Exemption Nos. 11062, 11109, 11112, 11213, and 13050. The reasons stated by the 

FAA for granting Exemption Nos. 11062, 11109, 11112, 11213, and 13050 also apply to the 

present Petition. Moreover, as fully explained below, a grant of exemption for Aerial is in the 

public interest.
Aerial and Sea Ventures, LLC 

Petition For Exemption

January 8, 2016

3

B. Background

1. Aerial

Applicant Aerial is a Florida limited liability company, based in St. Petersburg, Florida. 

See Aerial’s Entity Detail, attached as Exhibit “1.” Aerial intends to use the DJI for the purposes 

of aerial photography, cinematography, videography, and other related services in the United 

States. Aerial intends to offer its services to private individuals and businesses, for aerial 

videography and photography of private events, and to real estate companies seeking to enhance 

their for-sale listings with aerial pictures and videos. 

2. DJI

The DJI is one of the world’s most popular sUAS. The DJI is a remotely-piloted 

quadcopter controlled by a trained, on-site pilot using a radio transmitter. The DJI is powered by 

a 6000mAh LiPo 2S battery. See DJI’s Specifications, attached as Exhibit “2.” The DJI is 

approximately 1 foot and 11 inches (590mm) in diagonal size. See id. It weights less than 46oz 

(1280g), and is designed to carry a 4K camera and DJI Lightbridge image transmission 

technology, which makes HD live-streaming possible over distances up to 1.2 miles. See id. 

The DJI’s maximum speed is 30 knots (16m/s) and has a maximum climb rate of less than 1200 

feet per minute (5 m/s). See id.

C. Relevant Statutory Authority

1. Section 333

Section 333(a) provides that the FAA “shall determine if certain unmanned aircraft 

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

[comprehensive] plan and rulemaking required by section 332 of this Act or the guidance 
Aerial and Sea Ventures, LLC 

Petition For Exemption

January 8, 2016

4

required by section 334 of the Act.” In section 332(b)(1), Congress expressly described Section 

333 as a pathway for “expedited operational authorization.” 

Section 333(b) identifies several factors that the FAA should consider in determining 

whether a UAS should be approved for certain uses in the NAS. These include UAS that, “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 [NAS] or the 

public pose a threat to national security.” Based upon these factors, and for purposes of this 

Petition, the FAA may determine that “airworthiness certification under section 44704 of title 39, 

United States Code” is not required for operation of UAS for certain uses. See Section 

333(b)(2). In making that determination, the FAA “shall [also] establish requirements for the 

safe operation of” the UAS in the NAS. See Section 333(c). 

2. Section 44701(f)

In addition, the FAA Administrator has general authority to grant exemptions from its 

safety regulations and minimum standards when the Administrator decides a requested 

exemption is in the public interest. See 49 U.S.C. § 44701(f) (authorizing the grant of 

exemptions from a requirement of regulations prescribed pursuant to section 44701(a)-(b) and 

sections 44702-4471(6). A party requesting an exemption must explain the reasons why the 

exemption (a) would benefit the public as a whole, and (b) would not adversely affect safety (or 

how it would provide a level of safety at least equal to the existing rules). See 14 C.F.R. § 11.81; 

FAA, Petition for Exemptions, 

hhtp://www.faa.gov/regulations_policies/rulemaking/petition/#exemptions (last visited January

8, 2016). 
Aerial and Sea Ventures, LLC 

Petition For Exemption

January 8, 2016

5

For the reasons shown below, Aerial’s petition qualifies for expedited approval of the 

requested exemptions under Sections 333 and 44701(f), subject to the proposed requirements for 

safe operation of the DJI in the NAS. 

D. The DJI Satisfies The Statutory Criteria For Approval Under Section 333

The DJI is a type of sUAS that qualifies for expedited approval under Section 333 for the 

aerial photography and video uses proposed by Aerial. Each of the statutory criteria and other 

potentially relevant factors are also satisfied:

1. Section 333(b)(1) Criteria

a. Size

The DJI is approximately 1 foot and 11 inches (590mm) in diagonal size. See DJI’s 

Specifications, attached as Exhibit “2.”

b. Weight

The DJI has an advertised weight of less than 46oz (1280g) and is designed to carry aloft 

a high definition camera. See id. 

c. Speed

The DJI has an advertised maximum speed of 30 knots (16m/s) and a maximum climb 

rate of less than 1200 feet per minute (5 m/s). See id. 

d. Operational capability 

The DJI is a highly successful consumer grade small rotorcraft in the quadcopter 

configuration. It is powered by four electric motors with a distance between motors of less than 

14 inches (350mm). See id. It utilizes an internal inertial measuring unit (“IMU”) with 

integrated barometric sensor augmented with global positioning system (“GPS”) to maintain its 

geospatial orientation and position. See DJI’s Professional User Manual, attached as Exhibit “3.” 
Aerial and Sea Ventures, LLC 

Petition For Exemption

January 8, 2016

6

It is controlled primarily through an FCC certified radio control (“RC”) unit. See id. Real time 

video and telemetry information is transmitted back to a ground control station allowing the 

operator and/or PIC, camera imagery, and control camera angle. See id. It has failsafe modes of 

operation for either loss of RC or GPS signal. See id. Altitude can be limited by the onboard 

limits flights times to approximately 23 minutes. See id. The onboard flight controller will warn 

the pilot via telemetry and external lighting cues before reaching a low battery state. See id. An 

automatic termination of flight and landing will be initiated when the battery reaches a 

predetermined low state. See id. 

e. Proximity to Airports/Populated Areas/Altitude

Operations will be performed only at the request, and with the authorization and 

permission, of clients or their authorized agents, in predetermined areas, within proximity only of 

persons who are participating in the activity or event being photographed or videotaped, and

away from the general public, airports, helicopters, and vehicular traffic. If a requested operation 

falls within 5 miles of an airport, Aerial will notify ATC and, if required, filing a NOTAM. 

Operations will be limited to Class G airspace, at altitudes no greater than 200 feet AGL, which 

is well below the airspace where manned vehicles operate. Aerial will only use the DJI for 

photography and video-related activities, in good weather and always within the pilot in 

command’s (“PIC”) line-of-sight. This will allow the PIC to be able to use human vision 

unaided by any device other than corrective lenses. Aerial will utilize a visual observer (“VO”) 

that will be positioned at the opposite side of the photographed or videotaped area, who will be 

in constant communication with the PIC to ensure that the DJI is always within line-of-sight and 

to help identify and alert the PIC of any potential obstacles on the ground or in the air. 
Aerial and Sea Ventures, LLC 

Petition For Exemption

January 8, 2016

7

f. Safety Systems

The DJI is equipped with a failsafe Return-To-Home function that is automatically 

activated when the remote control signal is lost for more than three seconds. See id. Similarly, 

the Return-To-Home function activates in the event of low battery. See id. The Return-ToHome process may be interrupted and the operator may regain control of the aircraft if the 

remote controller signal connection is re-established. See id. 

In addition to using GPS for location accuracy, the DJI employs the DJI Vision 

Positioning System, which uses ultrasound and image data to help the aircraft maintain its 

position in relation to its immediate surroundings. See id. With the help of Vision Positioning, 

the DJI can hover in place more precisely and fly in environments where a GPS signal is not 

available. 

The DJI is also equipped with front and rear LED lights, ensuring that it is always visible 

while in the air. See id. 

E. The DJI Also Qualifies For The Requested Exemption Under Section 44701(f)

The DJI and its proposed uses also satisfy the requirements and policies for exemption 

under Section 44701(f) from the FAA’s related safety regulations. See also 14 C.F.R. § 11.81 

(setting forth petition requirements).

1. Public Interest Benefits

As noted above, the DJI can enhance safety and reduce environmental impact as 

compared to similar operations conducted with manned aircraft of greater proportions, which 

carry a crew and flammable fuel. Additionally, the use of the DJI in order to facilitate commerce 

could lead to economic growth by bringing the benefits to aerial photography and videography to 

individuals and businesses for whom such services were previously cost-prohibitive when 
Aerial and Sea Ventures, LLC 

Petition For Exemption

January 8, 2016

8

conducted from manned aircraft. Operations for Aerial will enable property owners or their 

agents to obtain enhanced perspectives of characteristics, amenities, and benefits of their subjects 

that cannot be displayed through ground level videography/photography. It will allow private 

event organizers to add value to events at a substantial savings in cost, with greater flexibility, 

less noise, and greater safety, as compared to similar services provided by manned aircraft. 

2. No Adverse Safety Effects

For the reasons set forth in Part D, above, granting the Petition will not adversely affect 

aviation safety or pose any undue risks to the public. Aerial intends to use the DJI only for 

strictly controlled photography and video-related activities, expressly authorized by Aerial’s 

clients or their agents. Aerial commits to using the DJI at altitudes no greater than 200 feet 

AGL, and to notify ATC if the DJI’s operations fall within 5 miles of an airport. 

F. DJI’s Pilot in Command (“PIC”)

Aerial’s PIC, Albert Seither (“Mr. Seither”), is a licensed airline transport pilot (“ATP”) 

and holds a first class medical certificate. See Mr. Seither’s ATP and medical certificate, 

attached as Composite Exhibit “4.” Mr. Seither has over 32 years of experience in the aviation 

industry as an ATP pilot, and has logged over 23,000 hours as the PIC of Boeings 737, in 

addition to numerous general aviation aircrafts, for Southwest Airlines and Presidential Airways. 

Mr. Seither’s qualifications mean that he has been tested to the highest level of piloting ability, 

far in excess of the sport pilot rating currently permitted for operation of sUAS under Section 

333. Thus, the DJI that Aerial intends to use for its commercial activities will be piloted by a 

highly trained and qualified PIC, capable of maintaining the safety of the rotorcraft’s operation at 

all times. 
Aerial and Sea Ventures, LLC 

Petition For Exemption

January 8, 2016

9

Prior to each flight, Mr. Seither will inspect the DJI to ensure that it is in a condition for 

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

quadcopter will not be operated until the necessary maintenance has been performed and the DJI 

is found to be in a condition for safe flight. 

Additionally, Mr. Seither will be assisted by a VO to ensure that the DJI is always within 

line-of-sight and to help identify and advise Mr. Seither of any potential obstacles on the ground 

or in the air. 

G. Description of the Relief Sought

1. 14 C.F.R. Part 21: Airworthiness Certification

FAR Part 21, Subpart H, established procedural requirements for certifications under 

Section 44704, including airworthiness certificates. Both Sections 333 and 44701(b) authorize 

the FAA to exempt the aircraft from airworthiness certification under this Part. As shown above, 

the DJI meets the criteria for exemption from Part 21, Subpart H, based upon consideration of its 

size, weight, speed, operational capability, and proximity to airports and populated areas. See

Section 333. Furthermore, the proposed use of the DJI without an airworthiness certificate in the 

restricted operating environment and conditions identified in this Petition would be at least as 

safe or safer than conventional aircraft operating with an airworthiness certificate, and would 

bring multiple benefits to the public. Therefore, Aerial requests an exemption from Part 21, 

Subpart H’s requirements for airworthiness certification. 

2. 14 C.F.R. § 45.23(b): Marking Requirements

Section 45.23(b) requires that, for limited, restricted, or light-sport category aircraft, 

markings indicating the aircraft category must be displayed “near each entrance to the cabin, 

cockpit, or pilot station.” Exemption from § 45.23(b) is warranted because the DJI has no 
Aerial and Sea Ventures, LLC 

Petition For Exemption

January 8, 2016

10

entrance to the cabin, cockpit, or pilot station on which the required marking can be displayed. 

Thus, Aerial requests an exemption to § 45.23(b). 

3. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness

The FAA has previously granted relief from Section 91.7(a) specific to sUAS, 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, 13050). 

Section 91.7(a) requires that a civil aircraft be in an airworthy condition to be operated. 

The DJI is a consumer grade rotorcraft in the quadcopter configuration that has been widely 

used, in complete safety, for operations that are similar or identical to the operations intended to 

be conducted by Aerial. Aerial requests an exemption to Section 91.7(a) because the DJI does 

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

Therefore, Aerial will ensure the DJI is in airworthy condition based upon its compliance with

the DJI’s Professional User Manual, which includes a comprehensive preflight safety protocol 

for operation of each unit. See DJI’s Professional User Manual, attached as Exhibit “3.” Aerial 

will use trained technicians to perform maintenance, alterations, or preventive maintenance of 

the DJI using the methods, techniques or practices prescribed in the DJI operating documents 

(i.e. Monthly Maintenance Log and DJI Phantom 3 Professional User Manual). Furthermore, 

Aerial will document and maintain all maintenance records for the DJI. Aerial therefore requests 

an exemption to the airworthiness certificate requirement of Section 91.7(a).

4. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft

Section 91.9(b)(2) prohibits a person from operating a civil aircraft “[f]or which an 

Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless there is 
Aerial and Sea Ventures, LLC 

Petition For Exemption

January 8, 2016

11

available in the aircraft a current approved Airplane Rotorcraft Flight Manual, approved manual 

materials, markings, and placards, or any combination thereof.” Given its size, configuration, 

and load capacity, the DJI has no capacity or capability to carry such manual. Furthermore, there 

is no pilot on board the DJI, making an on-board manual unnecessary. Therefore, Aerial 

requests an exemption from § 91.9(b)(2)’s flight manual requirements. 

5. 14 C.F.R. § 91.103: Preflight Action

Section 91.103 requires a pilot in command to become familiar with specific information 

before each flight, including information contained in the FAA-approved Flight Manual on board 

the aircraft. As no FAA-approved Flight Manual will be provided, Aerial requests an exemption 

from § 91.103.

6. 14 C.F.R. § 91.119: Minimum Safe Altitudes

Section 91.119 prescribes the minimum safe altitudes under which aircraft may not 

operate, including 500 feet above the surface and away from any person, vessel, vehicle, or 

structure in non-congested areas. See 14 C.F.R. § 91.119(c). Since Aerial intends to operate the 

DJI at altitudes at or below 200 feet AGL, Aerial requests an exemption from the minimum safe 

altitude requirement. 

7. 14 C.F.R. § 91.121: Altimeter Settings

The FAA has previously granted relief from Section 91.121 specific to sUAS, 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, 13050). 

Section 91.121 requires a person operating an aircraft to maintain cruising altitude or 

flight level by reference to an altimeter that is set to the elevation of the departure airport or 
Aerial and Sea Ventures, LLC 

Petition For Exemption

January 8, 2016

12

barometric pressure. The DJI does not have a barometric altimeter, but rather its location is 

determined using GPS, the 

DJI’s altitude information will be provided to the PIC via GPS equipment and radio 

communications telemetry data link, which downlinks from the DJI to the ground control station 

(“GCS”) for active monitoring of the flight path. Additionally, the PIC will constantly monitor 

the DJI’s height thus ensuring operation at safe altitudes. 

For these reasons, Aerial requests an exemption to § 91.121’s altimeter requirements.

8. 14 C.F.R. § 91.203(a)&(b): Carrying Civil Aircraft Certification and 

Registration

Section 91.203 requires a civil aircraft to have “within it . . . [a]n appropriate and current 

airworthiness certificate” that must be “displayed at the cabin or cockpit entrance so that it is 

legible to passengers or crew.” (Emphasis added). In addition to the fact that Aerial is seeking 

and exemption from the airworthiness certificate requirement, an exemption to this regulation is 

necessary because the DJI (1) has a load capacity and size such that it cannot carry such 

certification with it, (2) does not have a cabin or cockpit entrance at which such a certificate 

could be displayed, and (3) there are no passengers or crew for whom the certificate need be 

displayed. Thus, Aerial requests an exemption to § 91.203(a)&(b).

9. 14 C.F.R. § 91.405(a); 91.407(a)(1); 91.409(a)(2); 91.417(a)&(b): Maintenance 

Inspections

The FAA has previously granted relief from Sections 91.405(a); 91.407(a)(1); 

91.409(a)(2); 91.417(a)&(b) specific to sUAS, in circumstances similar, in all material respects, 

to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 
Aerial and Sea Ventures, LLC 

Petition For Exemption

January 8, 2016

13

11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161, 

13050). 

These regulations specify maintenance and inspection standards in reference to 14 C.F.R. 

Part 43. See, e.g., 14 C.F.R. § 91.405(a) (stating that each owner or operator of an aircraft 

“[s]hall have that aircraft inspected as prescribed in subpart E of this part and shall between 

required inspections . . . have discrepancies repaired as prescribed in part 43 of this chapter”). 

An exemption to these regulations is needed because Part 43 and these sections apply only to 

aircraft with an airworthiness certificate, which the DJI will not have. See id. § 43.1(a). The 

DJI meets the conditions of FMRA Section 333 for operation without an airworthiness 

certificate. Accordingly, Aerial will use trained technicians to perform maintenance, alterations, 

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

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

Professional User Manual). Furthermore, Aerial will document and maintain all maintenance 

records for the DJI. 

10. 14 C.F.R. § 91.151(a)(1): Fuel Requirements for Flights in VFR Conditions

Section 91.151(a) prescribes that “[n]o person may begin a flight in an airplane under 

visual flight rules (VFR) conditions unless (considering wind and forecast weather conditions) 

there is enough fuel to fly to the first point of intended landing and, assuming normal cruising 

speed, (1) during the day, to fly after that for at least 30 minutes.”. 

The DJI is a battery-operated rotorcraft, and therefore does not carry liquid fuel. The DJI 

batteries provide 23 minutes of powered flight, which is the approximate duration of the flights 

that Aerial will conduct to carry out its video and photography-related operations. Aerial 

requests an exemption to § 91.151(a)(1), and further alleges that the DJI is equipped with a 
Aerial and Sea Ventures, LLC 

Petition For Exemption

January 8, 2016

14

safety feature that warrants the exemption. The DJI is equipped with an onboard flight controller 

that will warn the pilot via telemetry and external lighting cues before reaching a low battery 

state. An automatic termination of flight and landing will be initiated when the battery reaches a 

predetermined low state. See DJI’s Professional User Manual, attached as Exhibit “3.” 

H. Summary That Can be Published in The Federal Register

Aerial seeks exemption from the requirements of 49 U.S.C. § 44704, 14 C.F.R. Part 21, 

and 14 C.F.R. §§ 45.23(b), 91.7(a), 91.9(b)(2), 91.103, 91.119, 91.121, 91.151(a)(1), 91.203(a)-

(b), 91.405(a), 91.407(a)(1), 91.409(a)(2), and 91.417(a)-(b)) for the purpose of operating its 

remotely-piloted quadcopter, the DJI Phantom 3 Professional (“DJI”), to provide aerial 

photography and video-related services in the United States. 

I. Conclusion

For all the reasons shown above, the DJI satisfies the relevant statutory criteria and 

related factors for expedited approval pursuant to Section 333. Accordingly, Aerial requests that 

the foregoing relief be granted on an expedited basis for the purpose of operating the DJI to 

provide commercial aerial photography, cinematography, videography, and other related services 

in the United States.

If you have any further questions after considering the information provided above, 

please feel free to contact us. 

Sincerely,

Brant C. Hadaway
EXHIBIT

“1”


EXHIBIT

“2”



EXHIBIT

“3”



























































COMPOSITE

EXHIBIT

“4”