UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

PETITION FOR EXEMPTION:

ANTHONY OSTUNI

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS

SECTIONS: 45.23(b), 61.113(a) and (b), 91.7(a), 91.9(b)(2), 91.103(b), 91.109, 91.119, 

91.121, 91.151(a), 91.203(a) & (b), 91.405(a), 91.407(a)(1), 91.409(a)(2), 91.417(a) &(b)

CONCERNING COMMERCIAL OPERATIONS OF DJI PHANTOM 2 VISION PLUS 

UNMANNED AIRCRAFT SYSTEMS (UAS) PILOTED BY ANTHONY OSTUNI,

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATIION AND REFORM ACT OF 2012

PUBLIC LAW 112-95
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Anthony Ostuni

305 Sycamore Street

Liverpool, NY 13088

(315) 447-3555

Dear Sir or Madam,

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR

Part 11, Anthony Ostuni, hereby applies for an exemption from Federal Aviation Regulations 

(FARs) identified within in which to allow commercial operations of small UAS (under 55 lbs). 

This exemption in particular will be much comparable to the previous Exemption No. 11318, in 

terms of desired outcome (their ability to operate for the purpose of closed-set motion picture 

and television filming). Anthony Ostuni currently connects and interacts with the Griffiss

Institute (Air Force Research Lab) in Rome, New York and has knowledge of UAS commercial 

testing operations occurring at the location managed by NUAIR. Personally I plan to use my

knowledge and skills in the UAS industry to “help communities, municipalities, businesses, and 

people looking to learn about and implement UAS technology in a responsible and practical way.

Anthony Ostuni is a specialist in the legal operation of UAS, their regulations and is a unique 

aerial videographer. He consults, plans, and educates people on UAS technology implementation 

on varied applications.” Anthony Ostuni will like to use his DJI PHANTOM 2 VISION PLUS

quad-copter UAS for commercial purposes which will utilize the photography and video aspects 

upon customer requests.

Anthony Ostuni is seeking exemption to Sections 45.23(b), 61.113(a) and (b), 91.7(a), 

91.9(b)(2), 91.103(b), 91.109, 91.119, 91.121, 91.151(a), 91.203(a) and (b), 91.405(a), 

91.407(a)(1), 91.409(a)(2), and 91.417(a) and (b) of Title 14, Code of Federal Regulations (14 

CFR). The proposed exemption would allow Anthony Ostuni the right to commercially operate 

the DJI PHANTOM 2 VISION PLUS quad-copter, unmanned aircraft system (UAS), weighing 

under 3 pounds. In the purpose to conduct aerial photography and video over private property 

(commercial & residential) with permission previously sought out by property owners or 

appropriate official(s), and restricted access by non-participants. The general geographic area of 
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operations will be in Liverpool New York, but on occasions vary based upon possible service 

requests. 

14 C.F.R. §45.23 (b) Display of marks; general.

(b) When marks include only the Roman capital letter “N” and the registration number is 

displayed on limited, restricted or light-sport category aircraft or experimental or provisionally

certificated aircraft, the operator must also display on that aircraft near each entrance to the 

cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the 

words “limited,” “restricted,” “light-sport,” “experimental,” or “provisional,” as applicable.

Anthony Ostuni’s DJI PHANTOM 2 VISION PLUS UAS will have no room to display

theses numbers in cohesion with regulation due in part to the DJI PHANTOM 2 VISION PLUS 

UAS inherent size. In order to maintain safe standard of operation Anthony Ostuni will fly no 

higher than 200 feet above ground level, and if for any reason I need to operate within 5 miles of 

an airport I will contact the air traffic control tower in advance. 

14 C.F.R. §61.113 (a) & (b): Private pilot privileges and limitations: Pilot in command.

In accordance with 14 C.F.R. §61.113 (a) and (b) and the limitations placed upon private 

pilots in regards commercial operations. 

Anthony Ostuni’s DJI PHANTOM 2 VISION PLUS UAS will not be carrying 

passengers or property onboard the compensation. It will be used for aerial imagery purposes and 

flown under 200 feet above ground level.

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

The regulation requires that no person may operate a civil aircraft unless it is in airworthy

condition. As there will be a blanket airworthiness certificate issued upon the acceptance of this 

exemption, no other FAA regulatory standard will exist for determining airworthiness. Given the 

size of the Anthony Ostuni’s DJI PHANTOM 2 VISION PLUS UAS, maintenance and the use 

of his safety check lists prior to each flight will provide an ample level of required safety.
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14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft.

Section §91.9 (b) (2) States: No person may operate a U.S.-registered civil aircraft ... {2) 

For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, 

unless there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, 

approved manual material, markings, and placards, or any combination thereof. Anthony

Ostuni’s DJI PHANTOM 2 VISION PLUS UAS given its size has no place to carry a flight 

manual. An equivalent level of safety will be maintained by keeping the flight manual at the 

ground control point where the pilot Anthony Ostuni will be flying the DJI PHANTOM 2 

VISION PLUS UAS.

14 C.F.R. § 91.103: Preflight Action.

This regulation requires each pilot in command to take certain actions prior to flight to 

insure the safety of the flight. An exemption is needed due to an FAA approved rotorcraft flight 

manuals will not be provided for the aircraft. Anthony Ostuni will take all actions as stated in the 

FOM in Section 4 under normal procedures including but not limited to reviewing weather, flight 

battery requirements, landing and takeoff distances and aircraft performance data before 

initiation of flight (all in accordance with Anthony Ostuni’s personal flight checklist).

14 C.F.R. §91.109: Flight Instruction.

Section §91.109 provides that no person may operate a civil aircraft (except a manned 

free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual 

controls. 

This pertaining to Anthony Ostuni and his DJI PHANTOM 2 VISION PLUS UAS would 

fail to apply due in part the DJI PHANTOM 2 VISION PLUS UAS does not have fully

functional dual controls. 

An equivalent level of safety is provided due in part neither a pilot nor passengers will be 

carried in the UAS. Along with the size and speed of the UAS limits undesirable events 

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

Section §91.119 establishes safe altitudes for operation of civil aircraft. Section §91.119 

(d) allows helicopters to be operated at less than the minimums prescribed, provided the person 

operating the helicopter complies with any route or altitudes prescribed for helicopters by the 

FAA. 

This exemption would pertain to the DJI PHANTOM 2 VISION PLUS UAS that is 

functioning like a helicopter, and the exemption requests authority to operate at altitudes up to 

the blanket 200 feet above ground level.

Anthony Ostuni will never have the need to operate the DJI PHANTOM 2 VISION 

PLUS UAS at equal or higher than 200 feet above ground level under any circumstances as for 

that is not part of my commercial use model. The DJI PHANTOM 2 VISION PLUS UAS is 

planned on being operated in a restricted area with a secured perimeter, where buildings and 

people will not be exposed to operations without their prior consent. 

A level of safety relevant and equal to Compliance will be achieved given the small size, 

weight, and speed of the DJI PHANTOM 2 VISION PLUS UAS as well as the location where it 

is operated. No flights shall take place without the prior permission from the property owner or 

appropriate official(s). Due in part to the advance notice to the property owner, and or 

appropriate official(s), along with participants involved with the filming activity, all involved

individuals will be aware of a planned flight operation. 

Further note that the low-altitude operations of the Anthony Ostuni’s DJI PHANTOM 2 

VISION PLUS UAS, relative to geographic location will ensure separation between his UAS 

operations and the operations of conventional aircraft which must comply with Section §91.119.

14 C.F.R. §91.121 Altimeter Settings.

This regulation requires each person operating an aircraft to maintain cruising altitude by 

reference to an altimeter that is set to the elevation of the departure airport or an appropriate 

altimeter setting available before departure. 

Anthony Ostuni’s DJI PHANTOM 2 VISION PLUS UAS would not have a barometric 

altimeter, but it does have a GPS altitude feature. 
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An exemption will be needed by Anthony Ostuni due in part that an equivalent level of 

safety will be achieved by the operator in terms of the safety check list and live flight data 

monitoring from FPV and line of sight. Anthony Ostuni will be able to view the altitude of the 

launch site by means of GPS altitude indicator before flight and at all times of the flight.

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

Section §91.151 (a) prohibits an individual from beginning "a flight in an airplane 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- (1) During the 

day, to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 

minutes."

The battery powering Anthony Ostuni’s DJI PHANTOM 2 VISION PLUS UAS provides 

approximately 20-25 minutes of powered flight. To meet the 30 minute reserve requirement in 

14 CFR §91.151, UAS flights would be limited to approximately 10-15 minutes in length. Given 

the limitations on the UAS's proposed flight area and the location of its proposed operations 

within a predetermined area Anthony Ostuni will be operating his DJI PHANTOM 2 VISION 

PLUS UAS in a safe controlled manor. Anthony Ostuni will not fly at night or any time of 

evening that would be considered night.

Anthony Ostuni seeks exemption from 14 CFR §91.151(a) with operating the DJI 

PHANTOM 2 VISION PLUS UAS in a controlled area with only people, proper authority(s), 

and or official representatives who have previous consent will be within the operating area. With 

operations taking place for 10-15 minutes out of the possible 20-25 is ample and relatively

equivalent to Section §91.151(a) fuel reserves. Anthony Ostuni’s request would be more than 

adequate to return the DJI PHANTOM 2 VISION PLUS UAS to its planned landing zone from 

anywhere in its predetermined operating area.

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

(a) Except as provided in§ 91.715, no person may operate a civil aircraft unless it has within 

it the following: 
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An appropriate and current airworthiness certificate. Each U.S. airworthiness certificate 

used to comply with this subparagraph (except a special flight permit, a copy of the applicable 

operations specifications issued under§21.197(c) of this chapter, appropriate sections of the air 

carrier manual required by parts 121 and 135 of this chapter containing that portion of the 

operations specifications issued under §21.197(c), or an authorization under §91.611) and have 

on it the registration number assigned to the aircraft along with A revised airworthiness 

certificate having on it an assigned special identification number. As previously stated in §45.23 

(b) of this petition and the ability to affix these numbers to aircraft (in this case a DJI 

PHANTOM 2 VISION PLUS UAS). 

An effective U.S. registration certificate issued to its owner or, for operation within the United 

States, the second copy of the Aircraft registration Application as provided for in§47.31(c), or a 

registration certification issued under the laws of a foreign country. 

(b) No person may operate a civil aircraft unless the airworthiness certificate required by

paragraph (a) of this section or a special flight authorization issued under§91.715 is displayed at 

the cabin or cockpit entrance so that it is legible to passengers or crew. 

Anthony Ostuni’s DJI PHANTOM 2 VISION PLUS UAS fully loaded weighs no more 

than 3 pounds, and does not have an onboard pilot. This being the case there is no ability or place 

to carry a certification and registration documents or to display them on the DJI PHANTOM 2 

VISION PLUS UAS. An equivalent level of safety will be achieved by having available any and 

all documentation at the ground control point, and ensuring that the pilot flying the DJI 

PHANTOM 2 VISION PLUS UAS will have immediate access to them; to the extent they are

applicable to the DJI PHANTOM 2 VISION PLUS UAS.

14 C.F.R. §91.405 (a); 91.407 (a) (1); 91. 409 (a) (2); 91.417(a) & (b): Maintenance 

Inspections.

These proposed regulations require that an aircraft operator or owner "shall have that 

aircraft inspected as prescribed in subpart E of this part and shall between required inspections, 
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except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in 

part 43 of this chapter " 

These sections will not apply in addition to the acceptance due in part to the blanket 200 

foot above ground level COA. Maintenance will be accomplished by Anthony Ostuni in 

accordance to the flight manual and operating handbook. An equivalent level of safety will be 

achieved due in part that Anthony Ostuni’s DJI PHANTOM 2 VISION PLUS UAS is of a very

limited size and if mechanical issues arise the UAS can land immediately in a predetermined 

emergency land area, and will be operating from no higher than 200 feet above ground level. 

Anthony Ostuni will ensure that the DJI PHANTOM 2 VISION PLUS UAS is in 

working standard prior to flight by performing required maintenance and keep a log of the

maintenance performed. Anthony Ostuni is the person most familiar with the aircraft and best 

suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety.

An equivalent level of safety will be achieved because maintenance and inspections will 

be performed in accordance with the DJI PHANTOM 2 VISION PLUS UAS Manufacturer's 

User Manual. As provided in the FOM, the operator will ensure that the DJI PHANTOM 2 

VISION PLUS UAS is in working order prior to flight and perform all required maintenance as 

needed.

In closing I would like to say thank you for your time and attention. I keep myself 

apprised as to information in this area for it is of great interest to me currently in the work I do. I 

will do my part as this area continues to grow in a safe and responsible manner. I am looking 

forward to hearing back.

Sincerely,

Anthony Ostuni