1

January 21, 2016

Amended Exemption Request Pursuant to Section 333 of the FAA Modernization 

and Reform Act of 2012, 49 U.S.C. § 44701(f), and Part 11 of the Federal Aviation 

Regulations 

Dear Sir or Madam: 

We represent Energi Insurance Services, Inc. and are submitting this Petition for Section 

333 Exemption on their behalf under Section 333 of the FAA Modernization and Reform 

Act of 2012 (“FMRA”). This resubmission is in reference to docket #FAA-2015-4408. 

Applicant Information

Name of the applicant: Energi Insurance Services, Inc. 

Energi Insurance Services, Inc. provides risk management and insurance solutions for 

various segments of the Energy Industry. We a leading provider of specialized insurance 

programs to targeted sectors of the energy industry in the United States & Canada. Our 

core insurance programs provide traditional property and casualty insurance coverage and 

related risk management services. Our specialized insurance risk management expertise 

in the energy sector enables us to provide differentiated safety, loss prevention and claims 

management services.

We believe our suite of risk management solutions reduces the long-term loss costs of our 

policyholders and enhances their productivity over the long term. Energi’s Alternative 

Energy Solutions Group provides innovative warranty coverages for alternative energy 

products and installations. These solutions are distributed through an exclusive network 

of independent insurance agents and brokers throughout the United States & Canada.

Energi’s 350+ Independent Insurance Agents entrust over 1,000 of their policyholders 

with one of our 11 different insurance programs. Energi’s insurance products are 

underwritten by leading worldwide insurance companies that maintain the highest ratings 

of the various rating agencies, including AM Best.

Pursuant to Section 333 of the FMRA, Energi Insurance Services, Inc. hereby requests a 

determination by the Secretary of Transportation authorizing commercial operations of 

UAS for the purposes of aerial photography & videography, aerial inspections, data 

collection, commercial videos and other work related to aerial photography in the NAS. 

Energi Insurance Services, Inc. does not intend to use for closed set filming. Flight 

operations will utilize the “DJI Phantom 2 Vision Plus” unmanned aircraft. Conduct of 

UA operations will be with respect to FMRA Section 333(c) and the UAS “Blanket 

COA”. 
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TABLE OF CONTENTS

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 ENERGI INSURANCE 

SERVICES, INC. SEEKS EXEMPTION............................................................8 

THE EXTENT OF RELIEF ENERGI INSURANCE SERVICES, INC. SEEKS AND 

THE REASON ENERGI INSURANCE SERVICES, INC. SEEKS THE 

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

THE REASONS WHY GRANTING ENERGI INSURANCE SERVICES, INC.’S 

REQUEST WOULD BE IN THE PUBLIC INTEREST .....................................15 

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY 

AFFECT SAFETY..........................................................................19 

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER......34 

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO 

SUPPORT ENERGI INSURANCE SERVICES, INC.’S REQUEST.......34 

CONCLUSION..................................................................................................................35 

APPENDICES........................................................................................37 
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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

Energi Insurance Services, Inc. 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 pursuant to Section 

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

permit Energi Insurance Services, Inc. to operate an Unmanned Aircraft System (UAS) 

for the commercial purpose of conducting aerial videography and photography over 

certain areas of the United States. 

INTRODUCTION AND INTERESTS OF THE PETITIONER

Energi Insurance Services, Inc. is a leading provider of specialized insurance programs to 

targeted sectors of the energy industry in the United States and Canada. Our core 

insurance programs provide traditional property and casualty insurance coverage and 

related risk management. Our specialized insurance risk management expertise in the 

energy sector enables us to provide differentiated safety and loss prevention solutions and 

claims management services. The objective of Energi Insurance Services, Inc.’s aerial 

videography and photography operations is to provide high quality imaging for a variety 

of commercial and public uses, specifically targeting the following: 

• Marketing Materials & Promotional Materials

• Short-Form and Long-Form Video Production 

• High Resolution Real Estate and Appraisal Imagery 

• Outdoor Event Video and Photo Coverage 
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BACKGROUND

Unmanned Aircraft Systems: DJI Phantom Vision 2 Plus

Unmanned Aircraft Systems: DJI Phantom 2 Vision Plus, Energi Insurance Services, Inc. 

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 2.2 lb., a diagonal motor-motor distance of 350mm, and a 

maximum speed of approximately 15m/s 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. 

The DJI Phantom 2 Vision Plus that will be operated by Energi Insurance Services, Inc. 

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 will be marked in accordance with 14 C.F.R. 

Part 45, Identification and Registration Marking. 

BASIS FOR PETITION

Petitioner, Energi Insurance Services, Inc., 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 in the 

National Airspace System (NAS), and for an exemption from the requirements of 14 

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

91.409(a)(1) & (a)(2), and 91.417(a) & (b).
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 With consideration of the speed, weight, size, and limited operating area associated 

with the unmanned aircraft and its operation, Energi Insurance Services, Inc.’s operation 

of DJI Phantom 2 Vision Plus 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, Energi Insurance Services, Inc. requests relief from Sections 91.405(a), 

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth 

requirements for maintenance that only apply to aircraft with an airworthiness certificate. 

 Energi Insurance Services, Inc. submits that the requested relief is proper since an

equivalent level of safety will be ensured. Energi Insurance Services, Inc. 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 2 Vision Plus

Instruction Manual). Furthermore, Energi Insurance Services, Inc. will document and 

maintain all maintenance records for the DJI Phantom 2 Vision Plus. 

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

privileges and limitations: Pilot in command, is requested by Energi Insurance Services, 

Inc. 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 2 Vision Plus in a manner consistent with this 

exemption, including evasive and emergency maneuvers and maintaining appropriate 

distances from people, vessels, vehicles and structures. 
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 Energi Insurance Services, Inc. seeks relief from Section 91.7(a), entitled Civil 

aircraft airworthiness, because the DJI Phantom 2 Vision Plus does not require an 

airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, 

Energi Insurance Services, Inc. submits that it will ensure that the DJI Phantom 2 Vision 

Plus is in an airworthy condition, prior to every flight, by determining that the UAS is in 

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

Phantom 2 Vision Plus Instruction Manual), and that the aircraft are in a condition for 

safe flight. 

 Energi Insurance Services, Inc. also seeks an exemption from the requirements of 

Section 91.121, entitled Altimeter Settings, as the DJI Phantom 2 Vision Plus will not 

have a typical barometric altimeter onboard. However, altitude information of the DJI 

Phantom 2 Vision Plus 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 Energi Insurance Services, Inc.’s operation of the DJI Phantom 2 Vision Plus within 

visual line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to 

Section 91.121. 

Additionally, Energi Insurance Services, Inc. seeks an exemption from the requirements 

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

Insurance Services, Inc. submits that safety will not be affected by operation of the DJI 

Phantom 2 Vision 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 

approximately 13.5 minutes to the first point of intended landing and, assuming normal 

cruising speed, to fly after that for at least 4.5 minutes. 
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 In accordance with 14 C.F.R. § 11.81, Energi Insurance Services, Inc. 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: 

Energi Insurance Services, Inc. 

10 Centennial Dr, Suite 201

Peabody MA 01960 

978-531-1822, ext. 815

Email: mcross@energi.com

B. The Specific Sections Of 14 C.F.R. From Which Energi Insurance Services, Inc. 

Seeks Exemption. 

 1. Energi Insurance Services, Inc. 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. 
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2. Energi Insurance Services, Inc. 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. Energi Insurance Services, Inc. Seeks Exemption From The Requirements Of 

Section 91.121. 

Section 91.121, entitled Altimeter settings, subsection (a), states the following, in 

part: 

(a) Each person operating an aircraft shall maintain the cruising altitude or flight level of 

that aircraft, as the case may be, by reference to an altimeter that is set, when operating--

(1) Below 18,000 feet MSL, to--

(i) The current reported altimeter setting of a station along the route and within 100 

nautical miles of the aircraft; 

(ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, 

the current reported altimeter setting of an appropriate available station; or 

(iii) In the case of an aircraft not equipped with a radio, the elevation of the departure 

airport or an appropriate altimeter setting available before departure. 

4. Energi Insurance Services, Inc. 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. 
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5. Energi Insurance Services, Inc. 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. Energi Insurance Services, Inc. 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. Energi Insurance Services, Inc. Seeks Exemption From The Requirements Of 

Sections 91.409(a)(1) And 91.409(a)(2). 

Section 91.409, entitled Inspections, subsection (a), states the following: (a) Except as 

provided in paragraph (c) of this section, no person may operate an aircraft unless, within 

the preceding 12 calendar months, it has had --

 (1) An annual inspection in accordance with part 43 of this chapter and has been 

approved for return to service by a person authorized by § 43.7 of this chapter; or 

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

part 21 of this chapter. 
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8. Energi Insurance Services, Inc. Seeks Exemption From The Requirements Of 

Sections 91.417(a) And 91.417(b). 

Section 91.417, entitled Maintenance records, subsections (a) and (b), state the 

following: 

(a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered 

owner or operator shall keep the following records for the periods specified in paragraph 

(b) of this section: 

 (1) Records of the maintenance, preventive maintenance, and alteration and records of 

the 100-hour, annual, progressive, and other required or approved inspections, as 

appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, 

and appliance of an aircraft. The records must include--

 (i) A description (or reference to data acceptable to the Administrator) of the work 

performed; and 

 (ii) The date of completion of the work performed; and 

 (iii) The signature, and certificate number of the person approving the aircraft for 

return to service. 

(2) Records containing the following information: 

 (i) The total time in service of the airframe, each engine, each propeller, and each 

rotor. 

 (ii) The current status of life-limited parts of each airframe, engine, propeller, rotor, 

and appliance. 

 (iii) The time since last overhaul of all items installed on the aircraft which are 

required to be overhauled on a specified time basis. 

 (iv) The current inspection status of the aircraft, including the time since the last 

inspection required by the inspection program under which the aircraft and its appliances 

are maintained. 

 (v) The current status of applicable airworthiness directives (AD) and safety directives 

including, for each, the method of compliance, the AD or safety directive number and 
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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 Energi Insurance Services, Inc. Seeks And The Reason 

Energi Insurance Services, Inc. Seeks The Relief. 

 1. Extent Of Relief Energi Insurance Services, Inc. Seeks And The Reason Energi 

Insurance Services, Inc. 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 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, Energi Insurance Services, Inc. submits that an 

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

the DJI Phantom 2 Vision Plus unless that PIC has met certain flight-hour and currency 
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requirements, demonstrating that the PIC is able to safely operate either the DJI Phantom 

2 Vision Plus 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, Energi Insurance Services, Inc. submits that all flights of the DJI Phantom 2 

Vision Plus, conducted by the PIC pursuant to the grant of this Petition: (1) will be 

incidental to Energi Insurance Services, Inc.’s business; and (2) will not carry passengers 

or property for compensation or hire. 

 2. Extent Of Relief Energi Insurance Services, Inc. Seeks And The Reason 

Energi Insurance Services, Inc. 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 Energi Insurance Services, Inc. to determine that the DJI 

Phantom 2 Vision Plus is in airworthy condition prior to every flight by ensuring that the 

UAS is in compliance with the operating documents (i.e., Monthly Maintenance Log, and 

DJI Phantom 2 Vision Plus Instruction Manual). 

 Energi Insurance Services, Inc. seeks the requested relief because the DJI Phantom 2 

Vision Plus does not require an airworthiness certificate in accordance with 14 C.F.R. 

Part 21, Subpart H. Therefore, Energi Insurance Services, Inc. will ensure that the DJI 

Phantom 2 Vision Plus is in airworthy condition based upon its compliance with the 

operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 2 Vision Plus

Instruction Manual) prior to every flight, and further, determine that the aircraft is in 

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

 3. Extent Of Relief Energi Insurance Services, Inc. Seeks And The Reason 

Energi Insurance Services, Inc. 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 2 Vision Plus, which utilizes 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), Energi Insurance Services, 

Inc. seeks the requested relief because the DJI Phantom 2 Vision Plus’s altimeter may be 

set on the ground to zero feet AGL, rather than the local barometric pressure or field 
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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 2 Vision Plus is 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 Energi Insurance Services, Inc. Seeks And The Reason 

Energi Insurance Services, Inc. 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 2 Vision Plus during daylight hours in visual meteorological conditions (VMC), 

under visual flight rules (VFR), for a total duration of 13.5 minutes to the first point of 

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

minutes. Energi Insurance Services, Inc. seeks the requested relief because without an 

exemption from Section 91.151(b), the flight time duration of the battery powered DJI 

Phantom 2 Vision Plus will severely constrain the practicality of any aerial video or still 

photo flight operations that Energi Insurance Services, Inc. proposes to conduct pursuant 

to this Petition. 

 Significantly, as set forth below, the technical specifications of the DJI Phantom 2 

Vision Plus, the DJI Phantom 2 Vision Plus operating documents, and Energi Insurance 

Services, Inc.’s proposed operating limitations, ensure that Energi Insurance Services, 

Inc. will safely operate the battery powered DJI Phantom 2 Vision 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 13.5 minutes to the first point of 

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

minutes. 
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 5. Extent Of Relief Energi Insurance Services, Inc. Seeks And The Reason 

Energi Insurance Services, Inc. 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, Energi Insurance Services, Inc. 

requests relief from these Sections because the DJI Phantom 2 Vision Plus does not 

require airworthiness certificates. As set forth more fully below, the DJI Phantom 2 

Vision Plus meets the conditions of FMRA Section 333 for operation without an 

airworthiness certificate. Accordingly, Energi Insurance Services, Inc. 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., Monthly Maintenance Log, and DJI Phantom 2 Vision Plus Instruction Manual). 

Furthermore, Energi Insurance Services, Inc. will document and maintain all maintenance 

records for the DJI Phantom 2 Vision Plus. 

D. The Reasons Why Granting Energi Insurance Services, Inc. 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 Energi 

Insurance Services, Inc. to safely, efficiently, and economically perform aerial 

videography and photography for a variety of purposes over certain areas of the United 

States. 

 Additionally, use of the DJI Phantom 2 Vision Plus will decrease congestion of the

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

benefits of Energi Insurance Services, Inc.’s proposed operation of the DJI Phantom 2 

Vision Plus will be realized without implicating any privacy issues. 
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 1. The Public Will Benefit From Decreased Congestion Of The NAS. 

 The DJI Phantom 2 Vision Plus is battery powered and serves 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 2 Vision Plus 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 2 Vision Plus does 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 

2 Vision Plus. 

 Conducting aerial acquisitions with the DJI Phantom 2 Vision Plus, 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 2 Vision Plus produces 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 2 Vision Plus, while reducing the carbon footprint of 

aerial acquisitions, also eliminates noise pollution, as the UA is propelled by battery 

powered electric motors, rather than an internal combustion engine. 

 By using the DJI Phantom 2 Vision Plus 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 2 Vision Plus (weighing approximately 2 pounds 2 ounces 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 
17

operations (weighing approximately 6,000 pounds and a fuel capacity of 180 gallons). 

 3. Performing Aerial Video and Photography Operations With The DJI 

Phantom 2 Vision Plus Vision+ and DJI Inspire 1 UASs Will Benefit The Economy. 

 In addition to being safe and efficient, the DJI Phantom 2 Vision Plus is also an 

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

such, operation of the DJI Phantom 2 Vision Plus will allow United States based 

companies, like Energi Insurance Services, to remain competitive and contribute to 

growth of the U.S. economy. Specifically, with the general trend of rising aviation fuel 

costs 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 2 Vision Plus 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 2 Vision Plus, companies such as Energi Insurance 

Services, Inc., 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 2 Vision Plus, 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. 
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 4. There Are No Privacy Issues. 

 Similar to the manned aerial acquisition flight operations that have been conducted 

for decades, Energi Insurance Services, Inc.’s proposed operation of the DJI Phantom 2 

Vision Plus Vision+ will not implicate any privacy issues. Specifically, the DJI Phantom 

2 Vision Plus will be operated only in compliance with operating documents (i.e., 

Monthly Maintenance Log, and DJI Phantom 2 Vision 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 C.F.R. § 91.119. 

E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, 

Or How The Exemption Would Provide A Level Of Safety At Least Equal To That 

Provided By The Rule From Which Energi Insurance Services, Inc. Seeks 

Exemption. 

 1. Reasons Why The DJI Phantom 2 Vision Plus Meets 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, Energi Insurance Services, Inc.’s operation of the 

DJI Phantom 2 Vision Plus meets 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--
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 (1) which types of unmanned aircraft systems, if any, as a result of their size, 

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

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

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

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

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

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

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

that certain unmanned aircraft systems may operate safely in the national airspace 

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

systems in the national airspace system. 

 In seeking this exemption, Energi Insurance Services, Inc. submits that the DJI 

Phantom 2 Vision Plus can operate safely in the NAS pursuant to FMRA Section 333, as 

demonstrated by: (a) the characteristics of the DJI Phantom 2 Vision Plus; (b) the pilot 

certification requirement; and (c) the specific operating limitations. 

 a. The Specifications Of The DJI Phantom 2 Vision Plus Demonstrates Its Safe 

Characteristics. 

 The DJI Phantom 2 Vision Plus does not create a hazard to users of the NAS or the 

public, or otherwise pose a threat to national security considering its size, weight, speed, 

and operational capability. 

 i. Technical Specifications Of The DJI Phantom 2 Vision Plus. 

 The technical specifications of the DJI Phantom 2 Vision Plus are set forth by the DJI 

Phantom 2 Vision Plus Specifications and Data Sheet, attached hereto as Exhibit A. 

 ii. The DJI Phantom 2 Vision Plus Autonomous Flight And Navigation Modes 

Enable The UAS To Remain Within A Defined Operational Area. 

 The DJI Phantom 2 Vision Plus may be operated in both manual and fully 

autonomous flight modes. A complete description of the flight and navigational modes of 

the DJI Phantom 2 Vision Plus is provided starting at page 5 of the DJI Phantom User 

Manual, attached hereto as Exhibit B. 
20

 iii. The DJI Phantom 2 Vision Plus Vision+ and DJI Inspire 1 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 2 Vision Plus will remain stationary, 

in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 2 Vision Plus does 

not reacquire control link data from the GCS, the UA will assume that the Control Link is 

lost and the UA 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 2 Vision Plus is 

set forth at pages 25 through 26 attached hereto as Exhibit B. 

 iv. The DJI Phantom 2 Vision Plus GCS And Its Operation. 

 A complete description of the operation and specifications of the DJI Phantom 2 

Vision Plus GCS and flight control software is provided at pages 14 through 19 of the 

DJI Phantom 2 Vision Plus User Manual. The DJI Phantom 2 Vision Plus User Manual is 

attached hereto as Exhibit B. 
21

 b. Flights Of DJI Phantom 2 Vision Plus Will Be Conducted Pursuant To 

Specific Operating Limitations. 

 In seeking this exemption, Energi Insurance Services, Inc. proposes to commercially 

operate DJI Phantom 2 Vision Plus for the special purpose of conducting aerial 

videography 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 2 Vision Plus Unmanned Aircraft System. 

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 500 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 UA 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. 

 6. The use of first person view (FPV) by the PIC 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. 
22

 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. 
23

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 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 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. 

18. 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. 

19. 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. 

20. 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 
24

PIC. 

21. 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. 

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

in accordance with the operating documents. 

23. 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.

24. 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. 

25. 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. 

26. 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. 

27. The documents required pursuant to 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. 
25

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. Flight operations must be conducted at least 500 feet from all nonparticipating 

persons (persons other than the PIC, SO, operator trainees or essential persons), 

vessels, vehicles, and structures unless: 

a. Barriers or structures are present that sufficiently protect nonparticipating 

persons from the UA and/or debris in the event of an accident. The operator must 

ensure that nonparticipating persons remain under such protection. If a situation 

arises where nonparticipating persons leave such protection and are within 500 

feet of the UA, flight operations must cease immediately and/or; 

b. The aircraft is operated near vessels, vehicles or structures where the 

owner/controller of such vessels, vehicles or structures has granted permission 

and the PIC has made a safety assessment of the risk of operating closer to those 

objects and determined that it does not present an undue hazard, and; 

c. Operations nearer to the PIC, SO, operator trainees or essential persons do not 

present an undue hazard to those persons per § 91.119(a). 

31. 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. 

32. 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. 
26

2. Reasons Why An Exemption From The Requirements Of Section 61.113(a) And 

(b) Would Not Adversely Affect Safety. 

 Energi Insurance Services, Inc. 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 2 Vision Plus unless that PIC has demonstrated, by meeting 

minimum flight-hour and currency requirements, that the PIC is able to safely operate the 

DJI Phantom 2 Vision Plus in a manner consistent with the exemption, including evasive 

and emergency maneuvers and maintaining appropriate distances from people, vessels, 

vehicles and structures. 

 Considering Energi Insurance Services, Inc.’s proposed area of operations, and the 

operating limitations set forth-above; the parallel nature of private pilot aeronautical 

knowledge requirements to those of commercial pilot requirements (See Exemption No. 

11062); and the airmanship skills necessary to safely operate the DJI Phantom 2 Vision 

Plus, Energi Insurance Services, Inc. submits that the additional manned airmanship 

experience of a commercially certificated pilot would not correlate to the airmanship 

skills necessary for Energi Insurance Services, Inc.’s specific proposed flight operations. 

 The FAA has previously granted relief from Section 61.113(a) and (b) specific to 

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

Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 

11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161). 

 Energi Insurance Services, Inc. will not allow any PIC to operate the DJI Phantom 2 

Vision Plus UAS unless that PIC has demonstrated, by meeting minimum flight-hour 

requirements or the DJI Phantom 2 Vision Plus training and currency requirements, that 

the PIC is able to safely operate the DJI Phantom 2 Vision Plus 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 operating the same make and model of UAS to be 

used for operations under the exemption). In addition to the hour requirements, the PIC 

must accomplish 3 takeoffs and landings in the preceding 90 days (for currency 
27

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 Energi Insurance Services, Inc.’s proposed operations. The 

Administrator has held that prior documented flight experience that was obtained in 

compliance with applicable regulations would ensure safe operations, stating as follows: 

 In Exemption No. 11062, the FAA required that prior to conducting operations for 

the purpose of motion picture filming (or similar operations), the PIC must have 

accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of total 

time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a 

multi-rotor UAS. Prior to operations under Exemption No. 11062, the PIC must also have 

accumulated and logged a minimum of 5 hours as a UAS pilot operating the same make 

and model of UAS to be used for operations under the exemption. For clarification, the 

FAA considers these minimum hour requirements to be inclusive rather than additive; i.e. 

5 hours make and model time may be included in the 10 hours of multi-rotor time and the 

10 hours may be included in the total 25 hours of UAS rotorcraft time. In addition to the 

hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 

days (for currency purposes). The FAA finds that at a minimum, the flight-hour 

requirements in Exemption No. 11062 are appropriate to practice and build proficiency in 

the skills necessary to safely conduct the petitioner’s proposed operations. The FAA also 

finds that prior documented flight experience that was obtained in compliance with 

applicable regulations would satisfy this requirement. Training, proficiency, and 

experience-building flights can also be conducted under the grant of exemption to 

accomplish the required flight time. During training, proficiency, and 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, Energi Insurance Services, Inc. will ensure safe operations by not 

allowing any PIC to operate the DJI Phantom 2 Vision Plus unless that PIC has 

demonstrated, by meeting minimum flight-hour and currency requirements, that the PIC 

is able to safely operate the DJI Phantom 2 Vision Plus in a manner consistent with the 

exemption, including evasive and emergency maneuvers and maintaining appropriate 

distances from people, vessels, vehicles and structures. 
28

3. Reasons Why An Exemption From The Requirements Of Section 91.7(a) Would 

Not Adversely Affect Safety. 

 The equivalent level of safety established by Section 91.7(a) will be maintained 

because prior to every flight, Energi Insurance Services, Inc. will ensure that the DJI 

Phantom 2 Vision Plus Vision+ or DJI Inspire 1 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 2 Vision Plus 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 Energi Insurance Services, Inc.’s operation of 

the DJI Phantom 2 Vision Plus 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 UASs 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. 
29

 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 2 Vision Plus; (2) the limitations on the proposed flight operations; and (3) the 

location of the proposed flight operations. Accordingly, Energi Insurance Services, Inc. 

will ensure that it will safely operate the battery powered DJI Phantom 2 Vision Plus

during daylight hours in VFR conditions, with enough battery power to fly for a total 

duration of 13.5 minutes to the first point of intended landing and, assuming normal 

cruising speed, to fly after that for at least 4.5 minutes. 

 Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom 2 

Vision Plus; 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 2 Vision Plus

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 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 
30

Safety. 

 In seeking this exemption, Energi Insurance Services, Inc. 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 Energi Insurance Services, Inc. will use trained 

technicians to perform maintenance, alterations, or preventive maintenance on the UASs 

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

Monthly Maintenance Log, and DJI Phantom 2 Vision Plus Instruction Manual). 

Furthermore, Energi Insurance Services, Inc. will document and maintain all maintenance 

records for the DJI Phantom 2 Vision Plus. 

 Since the DJI Phantom 2 Vision Plus will be inspected as prescribed by the operating 

documents, Energi Insurance Services, Inc. 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 2 Vision Plus User Manual is attached hereto as Exhibit B; a copy of the DJI 

Phantom 2 Vision Plus Maintenance LOG is attached hereto as Exhibit C. 

 Likewise, the exemption sought will not adversely affect safety because Energi 

Insurance Services, Inc. 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 2 Vision Plus 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 Energi Insurance Services, Inc.’s proposed operating limitations, 
31

the operating documents, and the technical aspects of the DJI Phantom 2 Vision Plus, 

Energi Insurance Services, Inc. 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, Energi Insurance Services, 

Inc. requests that the FAA prescribe special conditions for the intended operation of the 

DJI Phantom 2 Vision Plus, 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. 

 
32

 Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. 

§ 21.16, for operation of the DJI Phantom 2 Vision Plus, since the airworthiness 

regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate safety standards, 

due to the novel or unusual design features of the aircraft. Section 21.16, entitled Special 

Conditions, states the following: 

 If the FAA finds that the airworthiness regulations of this subchapter do not contain 

adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller 

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

he prescribes special conditions and amendments thereto for the product. The special 

conditions are issued in accordance with Part 11 of this chapter and contain such safety 

standards for the aircraft, aircraft engine or propeller as the FAA finds necessary to 

establish a level of safety equivalent to that established in the regulations. 

See 14 C.F.R. § 21.16. 

 Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA 

may prescribe special conditions for Energi Insurance Services, Inc.’s intended operation 

of the DJI Phantom 2 Vision Plus, which contains 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) & (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). 

F. A Summary That Can Be Published In The Federal Register, stating: The Rules 

From Which Energi Insurance Services, Inc. Seeks Exemption: 

Energi Insurance Services, Inc. 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). 
33

 A Brief Description Of The Nature Of The Exemption Energi Insurance 

Services, Inc. Seeks: 

This exemption will permit Energi Insurance Services, Inc. to commercially operate an 

Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and 

photography over certain areas of the United States. 

G. Any Additional Information, Views, Or Arguments Available To Support Energi 

Insurance Services, Inc.’s Request. 

 This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 

(FMRA) Section 333, which directs the Secretary of Transportation to determine if 

certain UAS may operate safely in the NAS. As such, Energi Insurance Services, Inc.’s 

request for exemption may be granted pursuant to the authority of FMRA Section 333 

and 14 C.F.R. Part 11, as set forth above. 

 FMRA Section 333 sets forth the requirements for considering whether a UAS will 

create a hazard to users of the NAS or the public, or otherwise pose a threat to national 

security; and further, provides the authority for such UAS to operate without 

airworthiness certification. 

 As discussed in detail above, Energi Insurance Services, Inc. will operate the DJI 

Phantom 2 Vision Plus 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, Energi Insurance Services, Inc. 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 2 Vision Plus

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 Energi Insurance Services, Inc. to safely, efficiently, and economically 

operate the DJI Phantom 2 Vision Plus commercially within the NAS. 
34

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

Modernization and Reform Act of 2012, Section 333, Energi Insurance Services, Inc. 

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 Energi 

Insurance Services, Inc. to operate the DJI Phantom 2 Vision Plus commercially for the 

purpose of conducting aerial video and photography over certain areas of the United 

States. 

Dated: January 20, 2016

Respectfully submitted, 

Energi Insurance Services, Inc. 

_________________________ 

Energi Insurance Services, Inc. 

 10 Centennial Dr, Suite 201

 Peabody, MA 01960 

Appendices: 

A – DJI Phantom 2 Vision Plus Specifications Data Sheet B – DJI Phantom 2 Vision Plus

Manufacturer’s User Manual C – Monthly Maintenance Log