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UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

AEROPHOTO AMERICA 

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF TITLE 14 OF THE CODE 

OF FEDERAL REGULATIONS

SECTION 21, SUBPART H; §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(b), 91.203 (a) & (b), 91.405(a), 91.407(a)(1), 91.409(a)(2), 

and 91.417(a) & (b),

CONCERNING COMMERCIAL OPERATION OF DJI PHANTOM VISION 2+ AIRCRAFT SYSTEM 

PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION 

AND REFORM ACT OF 2012 (PUBLIC LAW 112-95)

Submitted, November 30, 2015

Ronald B. Brown

Aerophoto America

2415 Spinnaker Ct

Virginia Beach, VA 23451

Tel: (757) 481-3283

aerophotoamerica@gmail.com
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TABLE OF CONTENTS 

GLOSSARY OF ABBREVIATIONS pg.3

OVERVIEW pg.4

INTRODUCTION AND INTERESTS OF PETITIONER pg.4 

BACKGROUND pg.4

BASIS FOR PETITION pg.5

NAME AND ADDRESS OF PETITIONER pg.5

THE SPECIFIC SECTIONS OF 14 C.F.R FROM WHICH AEROPHOTO AMERICA SEEKS EXEMPTION pg.6

THE EXTENT OF RELIEF AEROPHOTO AMERICA SEEKS AND THE REASON AEROPHOTO AMERICA SEEKS THE 

RELIEF pg.7

THE REASONS WHY GRANTING AEROPHOTO AMERICA’S REQUEST WOULD BE IN THE PUBLIC INTEREST pg.10 

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY AFFECT SAFETY pg.10

FLIGHTS OF DJI PHANTOM VISION 2+ CONDUCTED PERSUANT TO SPECIFIC OPERATION LIMITATIONS pg.12

REPORTING OF INCIDENTS AND/OR ACCIDENTS pg.14

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER pg.14

CONCLUSION pg.15

APPENDIX SECTIONS pg.16
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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 

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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OVERVIEW

Aerophoto America seeks exemption from the requirements of 14 C.F.R. 21, subpart H; §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(b), 91.203 (a) & (b), 91.405(a), 91.407(a)(1), 91.409(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 Aerophoto America to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting 

aerial video and photography of agricultural lands, architecture and construction, real estate, special events, and landscapes within the 

United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

Aerophoto America has been providing clients with high quality aerial and architectural photography services since 2005. Aerophoto 

America brings direction, editing and professional marketing expertise, along with state-of-the-art technology to make studio quality 

productions within reach for organizations of any size. The owner of Aerophoto America, Ronald B. Brown is a FAA certified 

Commercial Pilot Single and Multi-Engine Instrument Airplane rated pilot as well as CFII and currently holds a first class medical. The 

petitioner has more than 10,000 hours of flight time over 57 years without incidents or violation, much of which has been while 

performing aerial photography missions. We have had recent difficulty competing with rogue drone operators who are doing 

commercial drone aerial photography without obtaining an exemption. Therefore we would like to add legal drone capabilities to our 

services. 

The objective of Aerophoto America’s aerial video and photography operations is to provide high quality imaging for a variety of 

commercial, public, and residential uses, specifically targeting

 Real Estate Photography

 Construction site inspections and monitoring

 Agricultural Support

 Stock scenic photography Wildlife and forestry monitoring

 Aerial filmmaking and photography Educational and research monitoring

BACKGROUND

Unmanned Aircraft Systems: DJI Phantom Vision 2+

Aerophoto America seeks an exemption to operate a DJI System UAV for compensation or hire within the NAS. The DJI Phantom 

Vision 2 + is a vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic 

tablet or smart phone systems. The Phantom Vision 2+ is an electric powered rotary wing UAS that is capable of transmitting live 

airborne video images and location information to a Ground Control Station (GCS). The DJI Phantom Vision 2+ stores the photographs 

and data on board and makes them available for download after completion of the flight. The Vision 2+ is 17 x 8.1 x 12.5 inches and 

weighs 8 pounds, well under the 55 lbs. mandated in the FMRA. The Phantom Vision 2+ can conduct hovering flight and has a 

maximum cruising speed of 42 knots. It is battery powered, has a flight endurance of no more than 22 minutes and can operate in 

temperatures ranging from 0° to 40° C. The Vision’s Omni-directional antenna has a range of 2.1 km and operates in the 2412-

2462MHz frequency range. 
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BASIS FOR PETITION

Petitioner, Aerophoto America, 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 Vision 2+ in the National Airspace System (NAS), and for an exemption 

from the requirements of 14 C.F.R. §45.23(b), 61.113(a) and (b), 91.9(b)(2), 91.103 (b), 91.109, 91.119, and 91.203 (a) & (b). 

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

Aerophoto America operation of the DJI Phantom Vision 2+ UAS meets the conditions of FMRA Section 333 and therefore, will not

require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. 

Accordingly, Aerophoto America 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. 

Aerophoto America submits that the requested relief is proper since an equivalent level of safety will be ensured. Aerophoto America

will use experienced personnel 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 Vision 2+

Instruction and Maintenance Manuals). Furthermore, Aerophoto America will document and maintain all maintenance records for the 

DJI Phantom Vision 2+ UAS. Aerophoto America seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, because the 

DJI Phantom Vision 2+ UAS does not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, 

Aerophoto America submits that it will ensure that the DJI Phantom Vision 2+ UAS 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 Vision 2+ Instruction 

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

Aerophoto America also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings, as the DJI 

Phantom Vision 2+ UAS will not have a typical barometric altimeter onboard. However, altitude information of the DJI Phantom Vision 

2+ UAS will be provided to the PIC via Global Positioning System (GPS) equipment and radio communications telemetry data link, 

which downlinks from the UAS to the GCS for active monitoring of the flight path. This altitude information, combined with Aerophoto 

America’s operation of the Phantom Vision 2+ UAS within visual line of sight, at or below 400 feet AGL, will ensure a level of safety 

equivalent to Section 91.121. 

Additionally, Aerophoto America seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight 

in VFR conditions. Aerophoto America submits that safety will not be affected by operation of the DJI Phantom Vision 2+ UAS during 

daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fly for a total 

duration of approximately 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.

As described more fully below, the requested exemption would permit the operation of small, unmanned and relatively inexpensive 

UAS under controlled conditions in airspace that is 1) limited 2) predetermined 3) controlled as to access and 4) would provide safety 

enhancements to the already safe operations in the operation of aerial photography currently using conventional aircraft. Approval of 

this exemption would thereby enhance safety and fulfill the Secretary of Transportation’s (the FAA Administrator’s) responsibilities to 

“...establish requirements for the safe operation of such aircraft systems in the national airspace system.” Section 333(c) of the Reform 

Act. 

A. Name and Address of the Petitioner

The name and address of the Petitioner and point of contact is: 

Ronald Brown 

Aerophoto America 

Ph: 757-481-3283 

Email: aerophotoamerica@gmail.com 

Address: 2415 Spinnaker Ct, Virginia Beach, Virginia, 23451
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B. The Specific Sections of 14 C.F.R. From Which Aerophoto America Seeks Exemption

 Regulations from which the exemption is requested:

14 CFR Part 21

14 CFR 91.9 (b) (2)

14 C.F.R. 91.121

14 CFR 91.203 (a) & (b)

14 C.F.R. 91.109

1. Aerophoto America seeks exemption from the requirements of Section 21 Subpart H and 14 C.F.R. §91.203 (a)(1): 

Airworthiness Certificates

14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of necessary 

airworthiness certificates in relation to FAR § 91.203(a)(1). The size, weight and enclosed operational area of Aerophoto 

America’s UAS permit exemption from Part 21 because Aerophoto America’s UAS meet an equivalent level of safety pursuant 

to Section 333 of the Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certificate requirement 

under both the Act (49 U.S.C. § 44701(f)) and Section 333 of the Reform Act. Both pieces of legislation permit the FAA to 

exempt UASs from the airworthiness certificate requirement in consideration of the weight, size, speed, maneuverability and 

proximity to areas such as airports and dense populations. Aerophoto America’s UAS meet or exceed each of the elements.

The sUAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive 

materials or flammable liquid fuels, and operates exclusively within a secured area as set out in the Manual. Unlike other civil 

aircraft, operations under this exemption will be tightly controlled and monitored by both the operator, pursuant to the Manual’s 

requirements, and under the requirements and in compliance with local public safety requirements, to provide security for the 

area of operation as is now done with conventional aerial photography.

 2. Aerophoto America seeks exemption from the requirements of 14 C.F.R. §91.9(b)(2):

 Civil aircraft flight manual, marking, and placard requirements

14 C.F.R. §91.9(b)(2),entitled Civil aircraft flight manual, marking, and placard requirements

requires an aircraft flight manual in the aircraft. As there are no pilots or passengers, and given the size of the UASs, this 

Regulation is inapplicable. An equivalent level of safety will be achieved by maintaining a manual at the flight operations 

center. The FAA has previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 

9565, 9565B, 10167, 10167A, 10602, 10700 and 32827. 

 3. Aerophoto America seeks exemption from the requirements of 14 C.F.R. §91.121:

Altimeter Settings

14 C.F.R. §91.121, entitled altimeter settings is inapplicable insofar as Aerophoto America’s UASs utilize electronic global 

positioning systems and internal gyroscopes to provide spatial coordination. An equivalent level of safety will be achieved by 

the operator, pursuant to the Manual and Safety Checklist, confirming the altitude of the launch site shown on the GPS 

altitude indicator before flight. 

 4. Aerophoto America seeks exemption from the requirements of 14 C.F.R. §§91.203(a) and (b):

 Civil aircraft Certifications required.

14 C.F.R. §§91.203(a) and (b) entitled,Civil aircraft Certifications required provide for the carrying of civil aircraft 

certifications and registrations. Similar to, 14 CFR 91.9 (b) (2), given the size and configuration, the UAS has no ability to carry 

certificate and registration documents on the aircraft. There is no room, capacity, or pilot on board to adequately such 

documents. An equivalent level of safety will be achieved by keeping these documents; to the extent they are applicable to the 

UAS, at the ground control point where pilot has immediate access to them.

 

 5. Aerophoto America seeks exemption from the requirements of 14 C.F.R. §§91.109:

 Flight Instruction:
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Section 91.103 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. sUASs and remotely piloted aircraft, by their design do not 

have fully functional dual controls. Flight control is accomplished through the use of a control box that communicates with the 

aircraft via radio communications. The FAA has approved exemptions for flight training without fully functional dual controls for 

a number of aircraft and for flight instruction in experimental aircraft. See Exemption Nos.5778K & 9862A. The equivalent level 

of safety will be provided by the fact that neither a pilot nor passengers will be carried in the aircraft and by the size and speed 

of the aircraft. Safe simulation and practice flight will be carried out in controlled environments. All simulations will be carried 

out on a computer using the drone controls. Any practice flying will take place in a safe environment, with no risk to human life 

below. 

C. Extent of Relief of the Specific Sections Of 14 C.F.R. and Reason From Which Aerophoto 

America Seeks Relief 

Regulations from which extent of relief is requested:

14 CFR 45.23

14 CFR 61.113 (a) & (b)

14 C.F.R. 91.7 (a)

14 C.F.R. 91.103

14 C.F. R. 91.119

14 CFR 91.151 (a)

14 CFR 91.405 (a)

14 CFR 407 (a) (1)

14 CFR 409 (a) (2)

14 CFR 417 (a) & (b)

 

 1. Extent Of Relief Aerophoto America Seeks And The Reason Aerophoto Americas Seeks Relief From 14 C.F.R. 45.23:

 Marking of Aircraft

Applicable FARs require an aircraft to be marked according to certain specifications. Aerophoto America’s UAS is, by 

definition, unmanned. Therefore it does 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, Aerophoto America will mark its UAS in the 

largest possible lettering by placing the word "EXPERIMENTAL" on its fuselage as required by 14 C.F.R. §45.29(f) so that the 

pilot, camera operator, spotter and others working with the UAS will see the markings. The FAA has previously issued 

exemptions to this regulation through Exemptions Nos. 8738, 10167, 10167A and 10700.

2. Extent Of Relief Aerophoto America Seeks And The Reason Aerophoto America Seeks Relief From Section 61.113(a) 

and (b): Private pilot privileges and limitations: Pilot in command. 

Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations: Pilot in command, is requested to 

the extent necessary to allow a PIC holding a private pilot or higher level certificate, as well as a current and valid airman 

medical certificate, and who has met certain flight-hour and currency requirements, to conduct the proposed UAS flight 

operations for compensation or hire.

This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a private pilot may, for 

compensation or hire, act as PIC of an aircraft in connection with any business or employment if: (1) The flight is only 

incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation or 

hire.

As set forth more fully below, Aerophoto America submits that an equivalent level of safety will be maintained because no PIC 

will be allowed to operate the DJI Phantom Vision 2+ UAS unless that PIC has met certain flight-hour and currency 

requirements, demonstrating that the PIC is able to safely operate the DJI Phantom Vision 2+ in a manner consistent with the 

operations specifications as described in this exemption, including evasive and emergency maneuvers, as well as maintaining 
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appropriate distances from people, vessels, vehicles and structures. The area of operation is controlled and restricted, and all 

flights are planned and coordinated in advance as set forth in the Manual.

Further, Aerophoto America submits that all flights of the DJI Phantom Vision 2+ UAS, conducted by the PIC pursuant to the 

grant of this Petition: (1) will be incidental to Aerophoto America business; and (2) will not carry passengers or property for 

compensation or hire.

 3. Extent Of Relief Aerophoto America Seeks And The Reason Aerophoto America 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 Aerophoto 

America to determine that the DJI Phantom Vision 2+ UAS is in airworthy condition prior to every flight by ensuring that the 

UAS is in compliance with the operating documents (i.e., the DJI Phantom Vision 2+ UAS Maintenance Manual, Monthly 

Maintenance Log, and DJI Phantom Vision 2+ UAS Instruction Manual). 

Aerophoto America seeks the requested relief because the DJI Phantom Vision 2+ UAS does not require an airworthiness 

certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Aerophoto America will ensure that the DJI Phantom 

Vision 2+ UAS is in airworthy condition based upon its compliance with the operating documents (i.e., Monthly Maintenance 

Log, and DJI Phantom Vision 2+ UAS 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.

 4. Extent Of Relief Aerophoto America Seeks And The Reason Aerophoto America Seeks Relief From Section 91.103: 

 Preflight Action. 

This regulation requires each pilot in command to take certain actions before flight to insure the safety of flight. As FAA 

approved rotorcraft flight manuals will not be provided for the aircraft, an exemption will be needed. An equivalent level of 

safety will be provided as set forth in the DJI Phantom Vision 2+ UAS Instruction Manual (See Appendix B). Additionally, the 

PIC will take all actions including reviewing weather, flight battery requirements, landing and takeoff distances and aircraft 

performance data before initiation of flight.

5. Extent Of Relief Aerophoto America Seeks And The Reason Aerophoto America Seeks Relief From Section 91.119: 

Minimum Safe Altitudes. 

14 C.F.R. §91.119 prescribes safe altitudes for the operation of civil aircraft. It allows helicopters to be operated at lower 

altitudes in certain conditions. Aerophoto America’s UAS will not operate at an altitude greater than 400 feet above ground 

level. Given the size, weight, maneuverability and speed of Aerophoto America’s UAS, an equivalent level of safety will be 

achieved.

6. Extent Of Relief Aerophoto America Seeks And The Reason Aerophoto America Seeks Relief From Section 91.151(b). 

Fuel Requirements

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 Vision 2+ UAS 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. 

Aerophoto America seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration 

of the battery powered DJI Phantom Vision 2+ UAS will severely constrain the practicality of any aerial video or still photo 

flight operations that Aerophoto America proposes to conduct pursuant to this Petition. Significantly, as set forth below, the 

technical specifications of the DJI Phantom Vision 2+ UAS, the operating documents, and Aerophoto America’s proposed 

operating limitations, ensure that Aerophoto America will safely operate the battery powered DJI Phantom Vision 2+ UAS 
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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.

7. Extent Of Relief Aerophoto America Seeks And The Reason Aerophoto America Seeks Relief From Sections 14 C.F.R. 

§§91.405 (a); 407(a)(1); 409(a)(2); 417(a) and (b): Maintenance Inspections. 

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, Aerophoto America requests relief from these Sections because the DJI Phantom Vision 2+ UAS does not require 

airworthiness certificates. As set forth more fully below, the DJI Phantom Vision 2+ UAS meets the conditions of FMRA 

Section 333 for operation without an airworthiness certificate. Accordingly, Aerophoto America 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., the DJI Phantom Vision 2+ UAS Maintenance Manual, Monthly Maintenance 

Log, and DJI Phantom Vision 2+ UAS Instruction Manual). Furthermore, Aerophoto America will document and maintain all 

maintenance records for the DJI Phantom Vision 2+ UAS.

8. Extent of Relief Aerophoto America Seeks and The Reason Aerophoto America Seeks Relief From Airport Proximity 

Limitation

The petitioner understands the FAA’s concern for placing restrictions on the proximity a UAS can be operated in relation to an 

airport. However, the petitioner believes that certain relief can be granted in this matter based on the circumstances of the flight, 

altitude of the flight, area of the flight in relation to traffic patterns and protected instrument approach corridors. Also, the size and traffic 

of the airport certainly should be considered as a factor. The petitioner believes that pilot qualifications, ratings, and 50 years of 

aeronautic experience; as well as communication with the airport, any ATC controlling facility, and aircraft in the area would fully 

mitigate any dangers. The petitioner also believes that since many rural airports often host model and remote controlled aircraft clubs 

and events without affecting normal operations, that measures could be put in place to ensure the safety of operation and integration of 

UASs’ in close proximity to certain airports. From a commercial standpoint a great deal of potential opportunity is lost when an area of 

close to 78.5 square miles is off limits. The petitioner therefore proposes the following reasonable restrictions that would ensure that 

the majority of these consumers could be serviced and the safety of operation of manned aircraft could be assured. 

Most operations in the Scope of this requested Exemption will be conducted at 100 to 150 feet AGL. Any manned aircraft operating in 

the vicinity of an airport should not be at these altitudes over persons or property unless they are in the process of a take-off or landing. 

Additionally they should be well aligned with either the approach or departure runway at these altitudes. 

The petitioner therefore requests relief in part from the 5 NM limitation concerning proximity to an airport based on the following 

restrictions. 

1. Altitude restriction of 150 feet AGL within 3 to 5 Nautical miles of an airport.

2. Altitude restriction of 100 feet AGL within 1 to 3 Nautical miles of an airport.

3. No flight on the extended centerlines or 5 degrees to either side on any active or used runwayout to 2 Nautical miles from 

Airport reference point.

4. Notify airport of proposed time, distance and heading from airport of UAS operation.

5. Request issuance of NOTAM specifying UAS operations.

6. No flight within 1 NM of airport. This would mitigate the possibly of operating near the airport Traffic patterns.

7. The Pilot in Command of the UAS must be a Certificated Commercial Pilot with Class and Category Rating most 

appropriate to the UAS for which the Exemption is granted. 
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8. Anytime the PIC or Safety Observer has visual contact with a manned aircraft, or anytime an aircraft requests, operations 

will be immediately suspended and UAS will descend and land immediately.

9. Aircraft has onboard programmable altitude restriction capability to help mitigate the possibility of inadvertent altitude 

deviation. This function must be used during operations within 5 nautical miles of an airport.

The petitioner, Aerophoto America believes that these restrictions and requirements safely mitigate the potential hazards associated 

with operation near a small, low volume airport. In fact, the petitioner believes that this limitation would make this operation safer than 

many others that are conducted at these types of airports; to include: aerobatics training, parachute operations, and Amateur Radio 

Controlled Aircraft Clubs that are frequently located on these types of airports. 

The altitude restrictions requested would eliminate the possibility of a collision with manned aircraft as there is no reasonable 

circumstance where a manned aircraft should be at or near these altitudes, unless being on short final for approach or on departure. In 

fact Aerophoto America believes that any manned aircraft operating at, or near these altitude restrictions, other than on short final for 

approach or on departure, would be operating in a careless and reckless manner. 

Aerophoto America would require the PIC hold a Commercial Pilot Certificate of most appropriate Class and Category will ensure that 

the operator has the knowledge, aeronautical experience, radio communication skills, and ability to safely operate within close 

proximity to airports located in class E and G airspace. Aerophoto America ensures that with the petitioners flight limitations, 

restrictions and experience noted above would the risk of collision between a UAS would be eliminated.

D. The Reasons Why Granting Aerophoto America Request Would Be In The Public Interest; 

That Is, How It Would Benefit The Public As A Whole. 

Approval of exemptions allowing commercial operations of sUASs in the film and photography industry will enhance safety by 

reducing risk. Granting the present Petition will further the public interest by allowing Aerophoto America to safely, efficiently, 

and economically conduct aerial video and photography of agricultural lands, architecture and construction, real estate, 

special events, and landscapes within the United States. Additionally, use of DJI Phantom Vision 2+ UAS will decrease 

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

America proposed operation of the DJI Phantom Vision 2+ UAS will be realized without implicating any privacy issues. The 

sUAS is carried to the photography site and not flown. The sUAS will carry no passengers or crew and, therefore, will not 

expose them to the risks associated with manned aircraft flights. These lightweight aircraft operate at slow speeds, close to 

the ground, and in a sterile environment and, as a result, are far safer than conventional operations conducted with turbine 

helicopters operating in close proximity to the ground and people. 

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 Aerophoto America Seeks Exemption.

1. Reasons Why The DJI Phantom Vision 2+ Will 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, 

Aerophoto America operation of the DJI Phantom Vision 2+ UAS 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: 
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(a) In General- Notwithstanding any other requirement of this subtitle, and not later than 180 days after the date 

of enactment of this Act, the Secretary of Transportation shall determine if certain unmanned aircraft systems may 

operate safely in the national airspace system before completion of the plan and rulemaking required by section 332 of 

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

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

Secretary shall determine, at a minimum--

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

operational capability, proximity to airports and populated areas, and operation within visual line of sight 

do not create a hazard to users of the national airspace system or the public or pose a threat to 

national security; and 

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

section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft 

systems identified under paragraph (1). 

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

aircraft systems may operate safely in the national airspace system, the Secretary shall establish requirements 

for the safe operation of such aircraft systems in the national airspace system. 

In seeking this exemption, Aerophoto America submits that the DJI Phantom Vision 2+ UAS can operate safely in the NAS pursuant to 

FMRA Section 333, as demonstrated by: 

(a) the characteristics of the DJI Phantom Vision 2+ UAS; 

(b) the pilot certification requirement

a. The Specifications Of The DJI Phantom Vision 2+ UAS Demonstrate Its Safe Characteristics. 

The DJI Phantom Vision 2+ 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.

i. The DJI Phantom Vision 2+ UAS Autonomous Flight And Navigation Modes Enable The UAS To Remain 

Within A Defined Operational Area.

The DJI Phantom Vision 2+ 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 Vision 2+ UAS is provided in the DJI Phantom 

Vision 2+ UAS User Manual, attached hereto as Appendix B.

ii. The DJI Phantom Vision 2+ UAS Is 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 Vision 2+ UAS will remain stationary, in flight, for 3 seconds or more. 

If, after 3 seconds, the DJI Phantom Vision 2+ 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 Vision 2+ UAS is set forth in the DJI Phantom Vision 2+ UAS User Manual,

attached hereto as Appendix B(pg. 27 “ Failsafe Function”).

iii. The Phantom Vision 2+ UAS GCS And Its Operation. 

A complete description of the operation and specifications of the Phantom Vision 2+ UAS GCS and flight control 

software is provided in the Phantom Vision 2+ UAS User Manual. Phantom Vision 2+ User Manual is attached hereto 

as Appendix B.
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b. Flight Operations Of Phantom Vision 2+ UAS is Limited To The Line Of Sight With a Camera Operator and Safety Observer. 

Aerophoto America will fly the UAS in daytime hours only, staff each flight with a remote control pilot, camera operator and a 

spotter/Safety Observer (SO) with communications allowing real time communication among them.

F. Flights Of DJI Phantom Vision 2+ UAS Will Be Conducted Pursuant To Specific Operating 

Limitations. 

In seeking this exemption, proposes to commercially operate DJI Phantom Vision 2+ UAS for the special purpose of 

conducting aerial video and photography over certain areas of United States, pursuant to the following specific operating limitations:

These limitations and conditions to which Aerophoto America agrees to be bound when conducting commercial operations under an

FAA issued exemption include: 

1. Operations authorized by this grant of exemption will be limited to the following aircraft described in the operating 

documents, rotorcraft UAS weighing less than 55 pounds maximum gross weight: DJI Phantom Vision 2+ Unmanned Aircraft 

Systems. Proposed operations of any other aircraft will require a new petition or a petition to amend this grant.

2. The UAS must be operated within visual line of sight (VLOS) of the Pilot in Command (PIC) at all times. This requires the 

PIC to be able to use human vision unaided by any device other than corrective lenses.

3. 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. 

4. 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

5. Flights will be operated at an altitude of no more than 400 feet AGL or, not more than 200 feet above an elevated platform 

from which filming is planned. 

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

7. UAS pilot will be an FAA licensed airman with at least a sport or recreational certificate and a valid driver’s license. The 

safety observer will also hold a valid driver’s license. 

8. sUAS Pilot will be Pilot in Command (PIC). If a pilot certificate holder other than the sUAS Pilot, who possess the necessary 

PIC qualifications, is also present on set (i.e. the Aerial Coordinator), that person can also be designated as PIC. 

9. Maximum total flight time for each operational flight will be 20 minutes. Flights will be terminated at 25% battery power 

reserve should that occur prior to the 25 minute limit. 

10. The operator must follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, replacement, inspection, 

and life limit requirements.

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

12. The operator will obtain the consent of all persons involved in the photography and ensure that only consenting persons 

will be allowed within 100 feet of the flight operation, and this radius may be reduced to 30 feet based upon an equivalent level 
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of safety determination, as required by Section F of the Manual. With the advanced permission of the relevant FSDO, 

operations at closer range can be approved. (See Section C in the Safety Manual Appendix A)

13. Pilot and observer will have been trained in operation of UAS generally and received up-to-date information on the 

particular UAS to be operated as required. 

14. All required permissions and permits will be obtained from territorial, state, county or city jurisdictions, including local law 

enforcement, fire, or other appropriate governmental agencies. 

15. If the sUAS loses communications or loses its GPS signal, the UAS will have capability to return to a pre-determined 

location within the Security Perimeter and land. 

16. The sUAS will have the capability to abort a flight in case of unpredicted obstacles or emergencies. 

17. A briefing will be conducted in regard to the planned sUAS operations prior to each day’s production activities. It will be 

mandatory that all personnel who will be performing duties within the boundaries of the safety perimeter be present for this 

briefing. 

18. 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.

19. 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.

20. 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.

21. 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.

22. UAS operations may not be conducted during night, and all operations must be conducted under visual meteorological 

conditions (VMC).

23. If the UAS 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.

24. Prior to conducting operations, the radio frequency spectrum used for operation and control of the UAS must comply with 

the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements.

25. UAS operations under this exemption will be limited to conducting operations for the purpose of aerial video and 

photography.

26. The UAS must remain clear and yield the right of way to all manned aviation operations and activities at all times.
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27. 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.

28. The PIC must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operating 

documents

29. 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).

30. 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).

G. Reporting of Incidents and/or Accidents

In the unlikely case of any incident or accident, or flight operation that transgresses the lateral or vertical boundaries of the 

operational area as defined by the applicable COA will be reported within 24 hours to:

FAA UAS Integration Office (AFS-80)

Accidents: National Transportation Safety Board 

www.ntsb.gov.

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

The Rules From Which Aerophoto America Seeks Exemption:

Aerophoto America seeks exemption from the requirements of 14 C.F.R Sections 61.101(e)(4) and (5), 61.315(a), 61.23(a), 

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).

This exemption will permit Aerophoto America to commercially operate an Unmanned Aircraft System (UAS) for the purpose 

of conducting aerial video and photography over certain areas of the United States.
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CONCLUSION

As set forth herein, Aerophoto America 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 Vision 2+ UAS commercially, 

without an airworthiness certificate, for the limited purpose of conducting aerial video and photography over certain areas of the United 

States. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernization and 

Reform Act of 2012, while also advancing the interests of the public, by allowing Aerophoto America to safely, efficiently, and 

economically operate the DJI Phantom Vision 2+ UAS commercially within the NAS.

In accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, Aerophoto

America respectfully requests that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections 

61.101(e)(4) and (5), 61.315(a), 61.23(a), 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 Aerophoto America to operate the DJI Phantom Vision 2+ UAS commercially for the purpose of conducting aerial video 

and photography over areas of the United States.

The request for this exemption is in the Public Interest as it is safe to assume that there are many consumer applications for the 

services that can be provided by UAS systems. It is clear that the Congress of the United States, the business sector, and the 

consumer want to integrate Unmanned Aircraft Systems into the National Airspace System and utilize their unique and cost effective 

capabilities. It is also in the Public Interest that many of the low level flight operations now conducted by manned aircraft could be 

accomplished with these light, fire resistant unmanned aircraft that can operate at a fraction of the cost to both the operator and 

consumer. These aircraft can be operated without risk of loss of life or limb, without significant financial impact to the operator or any 

person or property on the ground in the event of the loss of an aircraft. Finally the petitioner believes that granting this exemption would 

help to further by Administrators process of integration of UAS systems and possibility help to create additional regulations and 

guidance to be used as these systems become more widely utilized. Please forward any questions or concerns to the address or email 

below. 

Dated: Monday, November 30, 2015

Respectfully Submitted, 

Ronald B. Brown

Aerophoto America
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APPENDIX SECTIONS

 

A- SAFETY MANUAL

B- DJI PHANTOM VISION 2+ USER MANUAL

C- MAINTENANCE AND FLIGHT LOG
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Appendix A: Safety Manual

A. Maintenance 

a. The UAS must be inspected by Aerophoto America Operator every 10 flight hours. All maintenance records will be 

maintained for inspection as set forth in Section B. 

b. If any maintenance is undergone, the UAS must pass a flight test prior to operations

B. Record Keeping 

a. A digital record will be kept for all flights, flight times, and maintenance records. 

C. Securing Flight Site 

a. Safety Parameter 

i. Before filming occurs, a 100 yard perimeter from the planned flight path will be identified in order to set a “sterile” 

environment for the operation. 

1. Aerophoto America will obtain written or oral permission from all landowners in sterile environment. 

2. 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.

c. Identify potential obstacles 

i. Before each flight, an inventory will be taken for all potential obstacles that must be avoided while in flight. Including: 

1. Power lines

2. Cell Phone Towers 

3. Trees 

4. Flocks of birds that may take flight 

5. Heavily traveled roadways 

6. Utility wires 

7. Elevated structures 

8. At least 5 nautical miles from the nearest airport or helipad. 

D. Pre-Flight Checklist 

a. Take Off Location/ “Home” 

 i. The UAS will mark its take off location as a safe area to return to should the UAS lose signal with the control or if the pilot 

signals the craft to return to its “home” location. 

1. Take off location will be in an area with a 25ft radius with no obstructions, maintaining said radius vertically 200ft. 

2. The UAS will take off and land in the same location. 

3. GPS Altimeter will be marked as 0’ elevation 

b. Flight Canceling Events

i. All flights will be cancelled for a minimum of 2 hours if any of the below occur: 

1. Police activity in the area 

2. Low flying aircraft in the area 

3. Medical/News Helicopters active in the area 

4. Wind exceeding 10 mph 

5. Any emergency requiring emergency services occurs within the sterile environment 

6. PIC is unable to complete flight without losing visual of the UAS 

7. Any precipitation 

8. Heavy bird presence in the area that could cause a mid-air collision. 
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9. Any defects or damage found during preflight exam 

c. Physical Inspection 

i. Before each flight the UAS will be checked to ensure that it is safe for flight. 

1. Battery voltage will be checked to ensure it is >75% 

2. Blades will be inspected to ensure they are tightened and free of damage 

3. Camera mount and gimbal will be inspected to ensure it is fully attached and operating. 

4. UAS will be checked for any damage that may have taken place in transit. 

5. The UAS will be tested at a low altitude to ensure all controls are responding correctly. 

6. Battery checked for damage that could affect its charge 

ii. If any party of the inspecting shows a damaged part or parts, the UAS is deemed non-usable and must be inspected by

Aerophoto America Operator.

d. Post Flight Inspections/Checklist 

i. After each flight, the UAS will be thoroughly inspected for any damage that occurred in flight. 

1. Body inspected for any damage 

2. Blades visually checked for any damage at all 

3. Battery checked for damage 

E. Mid-Air Safety Protocol 

A. Max Speed 

The UAS is never to exceed 20 knots

B. Altitude 

i. The UAS is never to exceed 400ft 

C. Emergency 

i. If it appears that the UAS, any property or humans are at risk, the UAS will be grounded immediately to a safe 

location. 

D. Sight 

i. The pilot and safety observer must keep the UAS within eyesight at all times unassisted by any technology. 

F. Participation by non-pilot staff 

a. All staff involved in the production or filming using the UAS will consent to maintain a safe distance of at least 30 ft.

during the filming. 

G. Pilot/Spotter Training 

a. Before flying, both the Pilot and spotter will receive updated information on the UAS and its firmware. 

i. The controller allows for simulator training, both the pilot and spotter are allowed to run through the 

simulator training 
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Appendix B

User Manaul: DJI Phantom II Vision+
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APPENDIX C 

MAINTANENCE AND FLIGHT LOG SAMPLES

DJI PHANTOM VISION 2+