U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Avenue, SE 

 Washington, D.C. 20590

 

Donn Wojtowicz

dba: Drone Data Sets

Survey Technician/Survey Tech Support

3105 “B” 38th Street

Lubbock, Texas 79407 

Request for Exemption:

Donn Wojtowicz dba: (Drone Data Sets), 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 Professional sUAV in the National Airspace System (NAS), and for an exemption from the 

requirements of: 

14 C.F.R §§ 61.113(a) & (b) / 14 CFR 45.23(b) 91.7(a) / 91.121 / 91.151(b)

91.405(a) / 91.407(a)(1) / 91.409(a)(1) & (a)(2), and 91

 Donn Wojtowicz 

dba: (Drone Data Sets)

6105 “B” 38th Street

Lubbock, TEXAS 79407 

Ph: 602-628-8965

Email: djwojodj@gmail.com 

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory 

authority by its terms includes exempting civil aircraft, as the term is defined under §40101 of the Act, that 

includes UAS, from the requirement that all civil aircraft must have a current airworthiness certificate. 

The Administrator may grant an exemption from a requirement of a regulation prescribed under 

subsection (a) 

or (b) of this section or any sections 44702 ‐ 44716 of this title if the Administrator finds the exemption in the 

public interest. 49 U.S.C. §44701(f) See also 49 USC §44711(a); 49 USC §44704; 14 CFR §91.203 (a) (1). 
Donn Wojtowicz dba: (Drone Data Sets), proposes to use one or more Unmanned Aerial Drones 

(DJI PHANTOM 3 Professional), for the following uses: 

 Videography, Cinematography, Real Estate, Topography, Mapping of Golf Courses

 Inspections of Construction Sites, Road Work Projects, Project Management, Mines & Quarries

 Surveying Power Line Corridors, Cell Sites, 3-D Modeling for Engineering/Surveying

 Emergency response operations 

 Training/Education: Engineers in Training (EIT), Surveyors in Training (SIT)

 Support to law enforcement and fire departments 

 Site security during sponsored events (Football Games, Parades, 4th of July, Concerts, etc.)

 Inspections of Playa Lakes, Boat Docks, Sea Walls, Boat Marinas, Bridges, Lighthouses, Water Craft

This aircraft has four rotors and four motors in a quadcopter configuration (X4). It is only capable of 

vertical takeoff and landings. This UAS weighs less than 55 lbs. including payload, can fly, under normal 

conditions at a speed of no more than 30 knots and has the capability to hover, and move in the vertical and 

horizontal plane simultaneously. This UAS is equipped with GPS and auto‐return function to the 

predetermined safe landing area as well as allowing reading of magnetic interference that can cause loss off 

GPS signal. The UAS will operate only in line of sight and will operate only within the limits of public rights of 

way or easements. Such operations will be conducted to insure that the UAS will “not create a hazard to users 

of the national airspace system or the public.” (Reform Act Section 333 (b)). 

This exemption application is expressly submitted to fulfill Congress’ goal in passing Section 333(a) through (c) 

of the Reform Act. This law directs the Secretary of Transportation to consider whether certain unmanned 

aircraft systems may operate safely in the national airspace system (NAS) before completion of the rule 

making required under Section 333 of the Reform Act. In making this determination, the Secretary is required 

to determine which types of UASs do not create a hazard to users of the NAS or the public or pose a threat to 

national security in light of the following: 

• The UAS’s size, weight, speed and operational capability; 

• Operation of the UAS in close proximity to airports and populated areas; and 

• Operation of the UAS within visual line of sight of the operator. 

Reform Act § 333 (a). Secretary determines that such vehicles “may operate safely in the national airspace 

system, the Secretary shall establish requirements for the safe operation of such aircraft in the national 

airspace system.” Id. §333(c). 

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authority 

by its terms includes exempting civil aircraft, as the term is defined under §40101 of the Act, that includes 

UAS, from the requirement that all civil aircraft must have a current airworthiness certificate. 

 The Administrator may grant an exemption from a requirement of a regulation prescribed under subsection 

(a) or (b) of this section or any sections 44702 ‐ 44716 of this title if the Administrator finds the exemption in 

the public interest. 49 U.S.C. §44701(f) See also 49 USC §44711(a); 49 USC §44704; 14 CFR §91.203 (a) (1). 
Given the small size of the UAS involved and the restricted environment within which they will operate, the 

applicant falls squarely within that zone of safety (an equivalent level of safety) in which Congress envisioned 

that the FAA must, by exemption, allow commercial operations of UASs to commence immediately. Also due 

to the size of the UASs and the restricted areas in which the relevant UAS will operate, approval of the 

application presents no national security issue. Given the clear direction in Section 333 of the Reform Act, the 

authority contained in the Federal Aviation Act, as amended; the strong equivalent level of safety surrounding 

the proposed operations, and the significant public benefit, including enhanced safety, reduction in 

environmental impacts, including reduced emissions associated with allowing UASs for aerial inspections, 

surveying, photography and videography, the grant of the requested exemptions is in the public interest. 

Accordingly, the applicant respectfully requests that the FAA grant the requested exemption. 

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

Donn Wojtowicz dba: (Drone Data Sets), proposes that the exemption requested herein apply to civil aircraft 

that have the characteristics and that operate with the limitations listed herein. These limitations provide for 

at least an equivalent or even higher level of safety to operations under the current regulatory structure 

because the proposed operations represent a safety enhancement to the already safe aerial inspections, 

surveying and photography and videography operations conducted with conventional aircraft. 

These limitations and conditions to which Donn Wojtowicz, dba: (Drone Data Sets), agrees to be bound 

when conducting commercial operations under an FAA issued exemption include: 

 The UAS will weigh less than 55 lbs. 

 Flights will be operated within line of sight of a Pilot‐In Command (PIC) and a Safety Observer (SO). 

 Maximum total flight time for each operational flight will be 30 minutes or less. Flights will be 

terminated at 25% battery power reserve should that occur prior to the 30-minute limit. 

 Flights will be operated at an altitude of no more than 400 feet AGL or, not more than 200 feet above an 

elevated platform for which filming is planned. 

 Minimum crew for each operation will consist of the UAS Pilot and one Visual Observer. 

 The UAS will only operate within the defined project area, the boundaries of which will be determined 

by the UAS Pilot‐In‐Command (PIC) based on the site‐specific activities and speed of the UAS required 

for the operation, and coordinated with the jurisdictional FAA FSDO and local government officials as 

applicable. 

 A briefing will be conducted in regards to the planned UAS operations prior to each day’s operation. It 

will be mandatory that all personnel who will be performing duties within the boundaries of the project 

be present for this briefing. 

 The UAS Pilot and Safety Observer will be able to communicate by voice and/or two-way radio 

communication system at all times. 

 The operations of the UAS will be limited to daylight‐only operations. 

 If the UAS loses communications or loses its GPS signal, the UAS will have the capability to return to a 

predetermined location within the Project Perimeter and land safely. 

 The UAS will have the capability to abort flight in case of unpredicted obstacles or emergencies. 
14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) 

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of 

airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area 

associated with the aircraft to be utilized by the Applicant, an exemption from Part 21 Subpart H meets the 

requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal 

Aviation Act (49 U.S.C.§44701 

(f)) and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an 

airworthiness certificate, upon consideration of the size, weight, speed, operational capability, and proximity 

to airports and populated areas of the particular UAS. In all cases, an analysis of these criteria demonstrates 

that the UAS operated without an airworthiness certificate, in the restricted environment and under the 

conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) 

operating with an airworthiness certificate without the restrictions and conditions proposed. 

In consideration of the speed, weight, size, and limited operating area associated with the unmanned aircraft 

and its operation, the Donn Wojtowicz dba: (Drone Data Sets), operation of DJI Phantom 3 Professional, 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. 

Donn Wojtowicz dba: (Drone Data Sets), requests exemption from Sections 91.405(a), 91.407(a)(1), 

91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for maintenance that only 

apply to aircraft with an airworthiness certificate. Donn Wojtowicz dba: (Drone Data Sets), submits that the 

requested relief is proper since an equivalent level of safety will be ensured. Donn Wojtowicz dba: (Drone Data 

Sets), will use methods, techniques, and practices prescribed in the operating manual Provided by the 

Manufacture DJI Phantom 3 Professional. Donn Wojtowicz dba: (Drone Data Sets) Will Daily and every mission 

go through a Mandatory, Pre-Flight Check List insuring, Air worthiness and Public Safety at all times.

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

Pilot in command, is requested by Donn Wojtowicz dba: (Drone Data Sets), to the extent necessary to allow a 

Pilot in Command (PIC) meet or exceed the described requirements of operations set by manufacturer, and 

who has demonstrated, that the PIC is able to safely operate the DJI Phantom 3 Professional, sUAS in a 

manner consistent with this exemption, including evasive and emergency maneuvers and maintaining 

appropriate distances from people, vessels, vehicles and structures. 

Donn Wojtowicz dba: (Drone Data Sets), seeks an exemption from Section 91.7(a), entitled Civil 

aircraft airworthiness, since the DJI Phantom 3 Professional, does not require an airworthiness certificate in 

accordance with 14 C.F.R. Part 21, Subpart H. As such, Donn Wojtowicz dba: (Drone Data Sets), submits that 

he will ensure that the DJI Phantom 3 Professional UAS is in an airworthy condition, prior to every flight, by 

determining that the UASs are in compliance with the operating documents (DJI Phantom 3 Professional

Instruction Manual), and that the aircraft are in a condition for safe flight. 

Donn Wojtowicz dba: (Drone Data Sets), also seeks an exemption from the requirements of Section 

91.121, entitled Altimeter Settings, as the DJI Phantom 3 Professional, will not have a typical barometric 

altimeter onboard. However, altitude information of the DJI Phantom 3 Professional, will be provided to the 

PIC via Global Positioning System (GPS) equipment and radio communications telemetry data link, which 

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

with Donn Wojtowicz dba: (Drone Data Sets), operation of the DJI Phantom 3 Professional, UAS within visual 

line of sight, at or below 400 feet AGL, will ensure a level of safety equivalent to Section 91.121. 
Additionally, Donn Wojtowicz dba: (Drone Data Sets), seeks an exemption from the requirements of 

Section 91.151(b), entitled Fuel requirements for flight in VFR conditions. JWR submits that safety will not be 

affected by operation of the DJI Phantom 3 Professional, UAV 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 30 minutes to the first point of intended landing and, assuming normal cruising speed, to fly 

after that for at least 5 minutes. 

Donn Wojtowicz dba: (Drone Data Sets), seeks an exemption from the requirements of:

Section 61.113(a) & b). 

Exemption 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 meet all requirements as described in the DJI Phantom 3 

Professional, owner’s manual 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, Donn Wojtowicz dba: (Drone Data Sets), submits that an equivalent level of 

safety will be maintained because no PIC will be allowed to operate the DJI Phantom 3 Professional, sUAS 

unless that PIC has demonstrated that the PIC is able to safely operate either the DJI Phantom 3 Professional

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. 

Donn Wojtowicz dba: (Drone Data Sets), submits that all flights of the DJI Phantom 3 Professional, sUAS, 

conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to Donn Wojtowicz dba:

(Drone Data Sets), business; and (2) will not carry passengers or property for compensation or hire. 

91.7(a).

Relief from Section 91.7(a) entitled Civil aircraft airworthiness, is requested to the extent required to allow 

Donn Wojtowicz dba: (Drone Data Sets), to determine that the DJI Phantom 3 Professional UASs are in 

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

documents (i.e., the DJI Phantom 3 Professional, Operations Manual, Instruction Manual). 

Donn Wojtowicz dba: (Drone Data Sets), seeks the requested relief because the DJI Phantom 3 Professional, 

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

Donn Wojtowicz dba: (Drone Data Sets), will ensure that the DJI Phantom 3 Professional sUAS is in airworthy 

condition based upon its compliance with the operating documents (i.e. Pre-Flight Check List, and DJI Phantom 

3 Professional Instruction Manual) prior to every flight, and further, determine that the aircraft are in 

condition for safe flight, as stated in the conditions and limitations below. 
91.121. 

Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight operations of the DJI 

Phantom 3 Professional, 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), JWR seeks the requested relief because 

the DJI Phantom 3 Professional, UA altimeter may be set on the ground to zero feet AGL, rather than the local 

barometric pressure or field altitude, before each flight. 

Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is sought to the extent 

necessary to comply with the applicable conditions and limitations stated below. As more fully set forth 

herein, an equivalent level of safety will be maintained since the DJI Phantom 3 Professional, UA 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. 

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 Professional, UA during daylight hours in visual 

meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 25 minutes to the first 

point of intended landing and, assuming normal cruising speed, to fly after that for at least 5 minutes. Donn 

Wojtowicz dba: (Drone Data Sets), seeks the requested relief because without an exemption from Section 

91.151(b), the flight time duration of the battery powered DJI Phantom 3 Professional, UA will severely 

constrain the practicality of any aerial video or still photo flight operations that Donn Wojtowicz dba: (Drone 

Data Sets), proposes to conduct pursuant to this Petition. 

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

Phantom 3 Professional,instructions, and operating documents, and Donn Wojtowicz’s dba: (Drone Data Sets), 

proposed operating limitations, ensure that Donn Wojtowicz dba: (Drone Data Sets), will safely operate the 

battery powered DJI Phantom 3 Professional, UA during daylight hours in visual meteorological conditions 

(VMC), under visual flight rules (VFR), with enough battery power to fly for a total duration of 25 minutes to 

the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 

minutes. 14 CFR 45.23(b) 

Marking of the Aircraft; 

Applicable codes of Federal Regulation require aircraft to be marked according to certain specifications. UAV 

Field Services UASs are, by definition, unmanned. They therefore do not have a cabin, cockpit or pilot station 

on which to mark certain words or phrases. Further, two-inch lettering is difficult to place on such small 

aircraft. Regardless, UAV Field Services will mark its UAS in the largest possible lettering by placing the "N 

"number on its fuselage as required by 14 CFR 45.29 (f) so that the pilot, technician, spotter and others 

working with the UAV will see the markings. The FAA has previously issued exemptions to this regulation 

through‐ 

Exemption No 10167 and 10700 ,5. 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, Donn Wojtowicz dba: (Drone Data Sets), requests relief from these Sections because 

the DJI Phantom 3 Professional, UAS do not require airworthiness certificates. As set forth more fully below, 
the DJI Phantom 3 Professional, UAS meet the conditions of FMRA Section 333 for operation without an 

airworthiness certificate. Accordingly, Donn Wojtowicz dba: (Drone Data Sets), will use trained technicians to 

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

and practices prescribed in the UAS operating documents (i.e., and DJI Phantom 3 Professional, Instruction 

Manual). Furthermore, Donn Wojtowicz dba: (Drone Data Sets), will document and maintain all maintenance 

records for the DJI Phantom 3 Professional UAS. 

The Reasons for granting this request are entirely beneficial to the public and community as a whole. 

Granting the present Petition will further the public interest by allowing Donn Wojtowicz dba: (Drone Data 

Sets), to safely, efficiently, and economically perform aerial video and photographic surveys and inspections of 

construction sites, rights of way, utility easements, and other sites of Construction

This exemption application is expressly submitted to fulfill Congress’ goal in passing Section 333(a) through (c) 

of the Reform Act. This law directs the Secretary of Transportation to consider whether certain unmanned 

aircraft systems may operate safely in the national airspace system (NAS) before completion of the rule 

making required under Section 332 of the Reform Act. In making this determination, the Secretary is required 

to determine which types of UAS do not create a hazard to users of the NAS or the public or pose a threat to 

national security in light of the following: 

 The UAS’s size, weight, speed and operational capability; 

 Operation of the UAS in close proximity to airports and populated areas; and 

 Operation of the UAS within visual line of sight of the operator. 

Reform Act § 333 (a). Lastly, id. the Secretary determines that such vehicles “may operate safely in the 

national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft in 

the national airspace system.” Id. §333(c). 

 Given the small size of the UAS involved and the restricted sterile environment within which they will 

operate, the applicant falls squarely within that zone of safety (an equivalent level of safety) in which Congress 

envisioned that the FAA must, by exemption, allow commercial operations of UASs to commence immediately. 

Also due to the size of the UASs and the restricted areas in which the relevant UAS will operate, approval of 

the application presents no national security issue. Given the clear direction in Section 333 of the Reform Act, 

the authority contained in the Federal Aviation Act, as amended; the strong equivalent level of safety 

surrounding the proposed operations, and the significant public benefit, including enhanced safety, reduction 

in environmental impacts, including reduced emissions associated with allowing UASs for movie and television 

operations, the grant of the requested exemptions is in the public interest. 

Accordingly, the applicant respectfully requests that the FAA grant the requested exemption without delay. 

BENEFICIAL TO THE PUBLIC/COMMUNITY

 The Public Will Benefit from Decreased Congestion of the NAS. 

The DJI Phantom 3 Professional, UA 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 

Professional, UAS would reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as 

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

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

caused by arriving and departing aircraft will be reduced. The DJI Phantom 3 Professional, UA 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. 

 The Public Will Benefit from The Safety and Efficiency of The DJI Phantom 3 Professional UAS. 

Conducting aerial acquisitions with the DJI Phantom 3 Professional, 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 Professional, UAS produce no air pollution, and is the most viable environmentally conscious 

alternative to the cabin class, six-cylinder internal combustion engine aircraft that are typically utilized for 

aerial video and photography, while burning approximately 20‐30 gallons per hour of leaded aviation fuel. The 

DJI Phantom 3 Professional, UA, 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 Professional, UAS to perform aerial observation, 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 Professional, UA (weighing approximately 2 pounds 11 

ounces, at their maximum gross weights with length of 16 inches, widths of 16 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). 

 Performing Aerial Video and Photography, Surveys and Inspections, Operations with the DJI Phantom 3 

Professional, UAS Will Benefit the Economy. 

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

alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the DJI 

Phantom 3 Professional, UAS will allow Donn Wojtowicz dba: (Drone Data Sets), to provide quality services to 

the residents and businesses of the Region at minimum costs. Specifically, with the rising cost of aviation fuel 

and the Environmental Protection Agency (“EPA”) regulatory actions phasing out leaded aviation fuels, 

agencies must adopt new and alternative technology in continue to provide required services at reasonable 

costs. Operating the battery powered DJI Phantom 3 Professional, UAS is one such technology that not only 

allows agencies & 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 Professional, Donn Wojtowicz dba: (Drone Data Sets), can maintain 

and hopefully improve our ability to operate and maintain critical infrastructure and at the same time collect 

important data for further development of system‐wide modeling of water, water, storm-water and roadway 

systems as well as provide accurate and current data related to environmental issues such as ground cover, 

vegetation & wildlife habitats. 

 There Are No Privacy Issues. 

Similar to the manned aerial acquisition flight operations that have been conducted for decades, Donn 

Wojtowicz dba: (Drone Data Sets), proposed operation of the DJI Phantom 3 Professional, UAS will not 

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

compliance with operating documents (i.e., th Donn Wojtowicz dba: (Drone Data Sets), Operations Protocol,
and DJI Phantom 3 Professional, Instruction Manual) which requires property owner involvement as well as 

local law enforcement notification, and in accordance with the Federal Aviation Regulations, including the 

maximum altitude limitations as per the requirements of 14 C.F.R. § 91.119. 

**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 Donn Wojtowicz dba: (Drone Data Sets), SEEKS EXEMPTION:

 Reasons Why The DJI Phantom 3 Professional, 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, Donn Wojtowicz dba: (Drone Data Sets), operation of the DJI Phantom 3 Professional, 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. 

In seeking this exemption, Donn Wojtowicz dba: (Drone Data Sets), submits that the DJI Phantom 3 

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

characteristics of the DJI Phantom 3 Professional, UAS; (b) the pilot certification requirement; and (c) the 

specific operating limitations. 

The Specifications of The DJI Phantom 3 Professional, UAS Demonstrate Its Safe Characteristics. 

The DJI Phantom 3 Professional, 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.Technical 

Specifications of The DJI Phantom 3 Professional, UAS. 

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

Professional, UAS Specifications and Data Sheet attached.

The DJI Phantom 3 Professional, UAS Autonomous Flight and Navigation Modes Enable The UAS To Remain 

Within A Defined Operational Area. 

The DJI Phantom 3 Professional, UAS may be operated in both manual and fully autonomous flight modes. A 

complete description of the flight and navigational modes of the DJI Phantom 3 Professional, UAS are included 

in the User Manuals. 

The DJI Phantom 3 Professional, UASs Are Designed for Automatic Return To Home Point Or Hover In The 

Event Of Loss Of The Control Link Or Navigation.

When the Control Link is lost, the DJI Phantom 3 Professional, UAS will remain stationary, in flight, for 3 

seconds or more. If, after 3 seconds, the DJI Phantom 3 Professional, UAS does not reacquire control link data 

from the GCS, the UAs will assume that the Control Link is lost and the UAs will return to the home position 

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

 

A complete description of the Failsafe Functions of the DJI Phantom 3 Professional, UAS UA are set forth in 

the DJI Phantom 2 Vision+ User Manual, attached. iv. The DJI Phantom 3 Professional, UAS GCS and Its 

Operation. A complete description of the operation and specifications of the DJI Phantom 3 Professional, 

UAS GCS and flight control software is provided in the DJI Phantom 3 Professional, UAS User Manual.

 Flights of DJI Phantom 3 Professional, UAS Will Be Conducted Pursuant to Specific Operating Limitations. 
In seeking this exemption, Donn Wojtowicz dba: (Drone Data Sets), proposes to commercially operate the DJI 

Phantom 3 Professional, 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 UASs weighing less than 55 pounds.

maximum gross weight: DJI Phantom 3 Professional, UAS 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 UA 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 camera to satisfy the visual line of site by the PIC or safety 

observer (SO) is not permitted. 

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

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

to communicate verbally at all times. Electronic messaging or texting is not permitted during 

flight operations. The PIC must be designated before the flight and cannot transfer his or her 

designation for the duration of the flight. The PIC must ensure that the SO can perform the 

functions prescribed in the operating documents. 

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

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

operate the camera or other instruments. 

9. The operating documents and the grant of exemption must be accessible during UAS 

operations and made available to the Administrator upon request. If a discrepancy exists 

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

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

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

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

revise its operating documents. It is the operator’s responsibility to track such revisions and 

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

must also present updated and revised documents if it petitions for extension or amendment 

to the grant of exemption. If the operator determines that any update or revision would 

affect the basis upon which the FAA granted the exemption, then the operator must petition

for amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS‐80) may be 

contacted if questions arise regarding updates or revisions to the operating documents. 
10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a condition for safe 

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

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

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

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

documented in the aircraft records. 

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

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

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

the aircraft records. 

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

components, items, or equipment, not already covered in the relevant sections of the 

operating documents. 

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

overhaul, replacement, inspection, and life limit requirements. 

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

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

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

total time in service, description of work accomplished, and the signature of the authorized 

person returning the UAS to service. 

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

Bulletins. 

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

taken against discrepancies discovered between inspections. 

17. The PIC must meet or exceed all requirements as set forth by manufacturer in order to

justifiably operate the DJI Phantom 3 Professional, UAV or hold an equivalent pilot license 

approved by the FAA. 

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 pre‐ determined 

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

operating documents. 

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

accordance with the operating documents. 

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

conditions) there is enough power to fly at normal cruising speed to the intended landing 

point and land the UA with 25% battery power remaining. 

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

Authorization (COA) prior to conducting any operations under the grant of exemption. This 

COA will also require the operator to request a Notice to Airman (NOTAM) not more than 72 

hours in advance, but not less than 48 hours prior to the operation. All operations shall be 

conducted in accordance with airspace requirements in the ATO issued COA including class of 

airspace, altitude level and potential transponder requirements. 

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

registered in accordance with 14 C.F.R. part 47, and have identification (N‐ Number) markings 

in accordance with 14 C.F.R. part 45, Subpart C. Markings must be as large as practicable. 

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

of the UA must comply with the Federal Communications Commission (FCC) or other 

appropriate government oversight agency requirements. 

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

activities at all times. 

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

30. All operations shall be conducted over publicly owned or controlled property. Any operation 

over privately owned property would require 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. 

31. 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
Donn Wojtowicz AFFIRMS ALL INFORMATION LISTED ABOVE TO BE TRUE AND BINDING UPON FAA’S 

FINDINGS OF EXEMPTION REGARDING COMMERCIAL OPPERATIONS OF LISTED UAS, UNTIL FURTHER NOTICE 

OF LAWS OR REGULATIONS DECIDED BY THE GOVERNEMENT/FAA. 

THANK YOU Sir/ Madam FOR YOUR CONSIDERATION. 

Professionally, 

Donn Wojtowicz

6105 “B” 38th Street

Lubbock, Texas 79407

djwojodj@gmail.com

PH: 602-628-8965