U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Avenue, SE 

Washington, D.C. 20590 

City of Westminster, Colorado 

Attn: Robert Krugmire 

Water Resources Engineer 

4800 West 92nd Avenue 

Westminster, CO 80031 

BASIS FOR PETITION 

Petitioner, CITY OF WESTMINSTER, COLORADO , 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 2 

Vision+, in the National Airspace System (NAS), and for an exemption from the 

requirements of : 

14 C.F.R §§ 61.113(a) & (b) 

14 CFR 45.23(b) 

91.7(a), 

91.121, 

91.151 (b), 

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

Name and Address of the Petitioner 

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

CITY OF WESTMINSTER 

ROBERT KRUGMIRE 

WATER RESOURCES ENGINEER 

4800 WEST 92N° AVENUE 

WESTMINSTER, COLORADO 80031 

OFFICE: 303-658-2181 

Email: bkrugmir@cityofwestminster.us 

PREFACE: 

The Federal Aviation Act expressly grants the Federal Aviation Administration 

(FAA) the authority to issue exemptions. This statutory authority by its terms includes 

exempting civil aircraft, as the term is defined under §401 01 of the Act, that includes 
Unmanned Aircraft Systems (UAS), from the requirement that all civil aircraft must have 

a current airworthiness certificate. 

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

prescribed under subsection (a) or (b) of this section or any sections 44702- 44716 of 

this title if the Administrator finds the exemption in the public interest. 49 U.S.C. 

§44701 (f) See also 49 USC §44711 (a); 49 USC §44704; 14 CFR §91.203 (a) (1 ). 

The City of Westminster owns, operates and manages a public water and 

wastewater utility system that includes a varied portfolio of water resources facilities 

(including rights on streams and ditches in Colorado as well as storage structures), 

water and sewer facilities including those facilities required to provide water and 

wastewater services to its residents and customers. 

The City of Westminster proposes to use one or more DJI Phantom 2 Vision+ 

Unmanned Aerial Vehicles (UAV) as part of its overall UAS for the following uses: 

• Inspections of city operated and managed water resources facilities including 

ditches, reservoir and diversion structures 

• Inspections of city-owned road rights-of-way 

• Periodic inspections of city-funded infrastructure improvement projects as well as 

existing infrastructure 

• Documentation via video and/or still photography of City-owned properties and 

development projects 

• Assist with damage assessments or situational status reports during emergency 

response operations 

• Support to law enforcement and fire departments during response operations. 

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

only capable of vertical takeoff and landings. This UAV weighs less than 55 lbs. 

including payload, can fly, under normal conditions, at a speed of no more than 15 

meters/second (30 knots or 34.5 miles per hour) and has the capability to hover, and 

move in the vertical and horizontal plane simultaneously. This UAS is equipped with a 

Global Positioning System (GPS) and an auto-return function to the predetermined safe 

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

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

limits of public rights of way or easements. Such operations will be conducted to insure 

that the UAS will "not create a hazard to users of the national airspace system or the 

public." (Reform Act Section 333 (b)). 

This exemption application is expressly submitted to fulfill Congress' goal in 

passing Section 333(a) through (c) of the Reform Act. This law directs the Secretary of 

Transportation to consider whether certain unmanned aircraft systems may operate 

safely in the national airspace system (NAS) before completion of the rule making 

required under Section 333 of the Reform Act. In making this determination, the 
Secretary is required to determine which types of UASs do not create a hazard to users 

of the NAS or the public or pose a threat to national security in light of the following: 

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

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

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

Reform Act§ 333 (a). Secretary determines that such vehicles "may operate safely 

in the national airspace system, the Secretary shall establish requirements for the safe 

operation of such aircraft in the national airspace system." ld. §333(c). 

The Federal Aviation Act expressly grants the FAA the authority to issue 

exemptions. This statutory authority by its terms includes exempting civil aircraft, as the 

term is defined under §401 01 of the Act, that includes UAS, from the requirement that 

all civil aircraft must have a current airworthiness certificate. 

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

prescribed under subsection (a) or (b) of this section or any sections 44702- 44716 of 

this title if the Administrator finds the exemption in the public interest. 49 U.S.C. 

§44701 (f) See also 49 USC §44711 (a); 49 USC §44704; 14 CFR §91.203 (a) (1). 

RELIEF OVERVIEW 

Given the small size of the UAV involved and the restricted environment within 

which they will operate, the applicant falls squarely within that zone of safety (an 

equivalent level of safety) in which Congress envisioned that the FAA must, by 

exemption, allow commercial operations of UASs to commence immediately. Also due 

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

approval of the application presents no national security issue. 

Given the clear direction in Section 333 of the Reform Act, the authority 

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

surrounding the proposed operations, and the significant public benefit, including 

meeting the City of Westminster's continuing goal of providing safe drinking water 

through constant monitoring of the associated facilities, enhanced safety, reduction in 

environmental impacts, including reduced emissions associated with allowing UASs for 

aerial inspections, surveying, photography and videography, as well as providing an 

enhanced safety factor for city personnel involved in traditional inspection methods, the 

grant of the requested exemptions is in the public interest. Accordingly, the applicant 

respectfully requests that the FAA grant the requested exemption. 

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY 

CITY OF WESTMINSTER proposes that the exemption requested herein apply 

to civil aircraft that have the characteristics and that operate with the limitations listed 

herein. These limitatiOflS provide for at least an equivalent or even higher level of safety 
to operations under the current regulatory structure because the proposed operations 

represent a safety enhancement to the already safe aerial inspections, surveying and 

photography and videography operations conducted with conventional aircraft. 

These limitations and conditions to which CITY OF WESTMINSTER agrees to be 

bound when conducting commercial operations under an FAA issued exemption 

include: 

1. The UAV will weigh less than 55 lbs. 

2. The UAV will display, at all times, the FAA UAS Registry Certificate Number 

FA39RATXKP as obtained through the registration process. 

3. Flights will be operated within line of sight of a Pilot-In Command (PIC) and a 

Safety Observer (SO). 

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

Flights will be terminated at 25% battery power reserve should that occur 

prior to the 30 minute limit. 

5. Flights will be operated at an altitude of no more than 400 feet above ground 

level (AGL). 

6. Minimum crew for each operation will consist of the UAS Pilot and one Safety 

Observer. 

7. The UAS will only operate within the defined project area, the boundaries of 

which will be determined by the UAS Pilot-In-Command (PIC) based on the 

site-specific activities and speed of the UAV required for the operation, and 

coordinated with the jurisdictional FAA Flight Standards District Office (FSDO) 

and local government officials as applicable. 

8. A briefing will be conducted in regards to the planned UAS operations prior to 

each day's operation. It will be mandatory that all personnel who will be 

performing duties within the boundaries of the project be present for this 

briefing. 

9. The UAS Pilot and Safety Observer will be able to communicate by voice 

and/or two way radio communication system at all times. 

10. The operations of the UAS will be limited to daylight-only operations. 

11.1f the UAS loses communications or loses its GPS signal, the UAV will have 

the capability to return to a predetermined location within the Project 

Perimeter and land safely. 

12. The UAS will have the capability to abort flight in case of unpredicted 

obstacles or emergencies. 

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) 

Subpart H, entitled Airworthiness Certificates, establishes the procedural 

requirements for the issuance of airworthiness certificates as required by Federal 

Aviation Regulation (FAR) §91.203 (a) (1). Given the size and limited operating area 

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

Subpart H meets the requirements of an equivalent level of safety under Part 11 and 

Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and 
Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the 

requirement for an airworthiness certificate, upon consideration of the size, weight, 

speed, operational capability, and proximity to airports and populated areas of the 

particular UAS. In all cases, an analysis of these criteria demonstrates that the UAS 

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

the conditions proposed will be at least as safe, or safer, than a conventional aircraft 

(fixed wing or rotorcraft) operating with an airworthiness certificate without the 

restrictions and conditions proposed. 

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

with the unmanned aircraft and its operation, the CITY OF WESTMINSTER's operation 

of DJI Phantom 2 Vision+, 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, the CITY OF WESTMINSTER 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. CITY OF WESTMINSTER submits that the requested relief is proper since 

an equivalent level of safety will be ensured. CITY OF WESTMINSTER will use 

experienced personnel or technicians as needed 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+ Instruction Manual). Furthermore, CITY OF WESTMINSTER will 

document and maintain all maintenance records for each DJI Phantom 2 Vision+ UAS. 

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

pilot privileges and limitations: Pilot in command, is requested by CITY OF 

WESTMINSTER to the extent necessary to allow a Pilot in Command (PIC) meet or 

exceed the described requirements of operations set by manufacturer, and who has 

demonstrated, that the PIC is able to safely operate the DJI Phantom 2 Vision+ UAS in 

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

and maintaining appropriate distances from people, vessels, vehicles and structures. 

CITY OF WESTMINSTER seeks relief from Section 91.7(a), entitled Civil aircraft 

airworthiness, because the DJI Phantom 2 Vision+ UAS do not require an airworthiness 

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

WESTMINSTER submits that it will ensure that the DJI Phantom 2 Vision+ UAS is in an 

airworthy condition, prior to every flight, by determining that the UASs are in compliance 

with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 2 

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

CITY OF WESTMINSTER also seeks an exemption from the requirements of 

Section 91.121, entitled Altimeter Settings, as the DJI Phantom 2 Vision+ will not have a 

typical barometric altimeter on board. However, altitude information of the DJI Phantom 

2 Vision+ will be provided to the PIC via Global Positioning System (GPS) equipment 
and radio communications telemetry data link, which downlinks from the UAV to the 

Ground Control Station (GCS) for active monitoring of the flight path. This altitude 

information, combined with CITY OF WESTMINSTER's operation of the DJI Phantom 2 

Vision+ UAS within visual line of sight, at or below 400 feet Above Ground Level (AGL), 

will ensure a level of safety equivalent to Section 91.121. 

Additionally, CITY OF WESTMINSTER seeks an exemption from the 

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

conditions. CITY OF WESTMINSTER submits that safety will not be affected by 

operation of the DJI Phantom 2 Vision+ 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 25 minutes to the first point of intended landing and, 

assuming normal cruising speed, to fly after that for at least 5 minutes. 

EXTENT AND REASONING WHY CITY OF WESTMINSTER SEEKS RELIEF FROM 

THE LISTED SECTIONS ABOVE: 

1. Section 61.113(a} & (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 meet 

all requirements as described in the DJI Phantom 2 Vision+ owner's manual to conduct 

the proposed UAS flight operations for compensation or hire. 

This relief is requested since the limitations set forth in Section 61.113(a) and (b) 

state that a private pilot may, for compensation or hire, act as PIC of an aircraft in 

connection with any business or employment if: (1) The flight is only 

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

passengers or property for compensation or hire. 

As set forth more fully below, CITY OF WESTMINSTER submits that an 

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

the DJI Phantom 2 Vision+ UAS unless that PIC has demonstrated that the PIC 

is able to safely operate either the DJI Phantom 2 Vision+ UAS in a manner consistent 

with the operations specifications as described in this exemption, including evasive and 

emergency maneuvers, as well as maintaining appropriate distances from people, 

vessels, vehicles and structures. 

Further, CITY OF WESTMINSTER submits that all flights of the DJI Phantom 2 

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

incidental to CITY OF WESTMINSTER's business; and (2) will not carry passengers or 

property for compensation or hire. 

2. Section 91. 7(a}. 
Relief from Section 91.7(a) entitled Civil aircraft airworthiness, is requested to the 

extent required to allow CITY OF WESTMINSTER to determine that the OJI Phantom 2 

Vision+ UASs are in airworthy condition prior to every flight by ensuring that the UAS is 

in compliance with the operating documents (i.e., the CITY OF WESTMINSTER 

Operations Manual, Monthly Maintenance Log, and OJI Phantom 2 Vision+ Instruction 

Manual). 

CITY OF WESTMINSTER seeks the requested relief because the DJI Phantom 2 

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

Part 21, Subpart H. Therefore, CITY OF WESTMINSTER will ensure that the OJI 

Phantom 2 Vision+ UAS are in airworthy condition based upon its compliance with the 

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

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

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

3. Section 91.121. 

Relief from Section 91.121, entitled Altimeter settings, may be required to allow 

flight operations of the OJI Phantom 2 Vision+ UAS, which utilize a barometric pressure 

sensor, GPS equipment, and a radio communications telemetry data link to downlink 

altitude information from the UAV to the PIC at the 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), CITY OF WESTMINSTER seeks the requested 

relief because the OJI Phantom 2 Vision+ UAS altimeter may be set on the ground to 

zero feet AGL, rather than the local barometric pressure or field altitude, before each 

flight. 

Considering the limited altitude of the proposed operations, relief from 14 CFR 

91.121 is sought to the extent necessary to comply with the applicable conditions and 

limitations stated below. As more fully set forth herein, an equivalent level of safety will 

be maintained since the OJI Phantom 2 Vision+ UAS are equipped with a barometric 

pressure sensor and GPS equipment, which automatically ensures that a ground level 

pressure setting will be established prior to each flight, and provides the PIC with 

altitude information of the UAV on the heads-up display of the GCS. 

4. 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 OJI 

Phantom 2 Vision+ UAS during daylight hours in visual meteorological conditions 

(VMC), under visual flight rules (VFR), for a total duration of approximately 25 minutes 

to the first point of intended landing and, assuming normal cruising speed, to fly after 

that for at least 5 minutes. CITY OF WESTMINSTER seeks the requested relief 

because without an exemption from Section 91.151 (b), the flight time duration of the 

battery powered OJI Phantom 2 Vision+ UAS will severely constrain the practicality of 
any aerial video or still photo flight operations that CITY OF WESTMINSTER proposes 

to conduct pursuant to this Petition. 

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

Vision+ UAS, the OJI Phantom 2 Vision+ operating documents, and CITY OF 

WESTMINSTER's proposed operating limitations, ensure that CITY OF 

WESTMINSTER will safely operate the battery powered OJI Phantom 2 Vision+ 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 25 minutes 

to the first point of intended landing and, assuming normal cruising speed, to fly after 

that for at least 5 minutes. 

14 CFR 45.23(b) 

Marking of the Aircraft; 

Applicable codes of Federal Regulation require aircraft to be marked according to 

certain specifications. Phantom 2 Vision+ UASs are, by definition, unmanned. They 

therefore do not have a cabin, cockpit or pilot station on which to mark certain words or 

phrases. Further, two inch lettering is difficult to place on such small aircraft. 

Regardless, CITY OF WESTMINSTER will mark its UASs in the largest possible 

lettering by placing the "N" number on its fuselage as required by 14 CFR 45.29 (f) so 

that the pilot, technician, spotter and others working with the UAV will see the markings. 

The FAA has previously issued exemptions to this regulation through- Exemption No 

10167 and 10700. 

5. 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, CITY OF WESTMINSTER 

requests relief from these Sections because the OJI Phantom 2 Vision+ UAS does not 

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

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

airworthiness certificate. Accordingly CITY OF WESTMINSTER will use trained 

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

UASs using the methods, techniques, and practices prescribed in the UAS operating 

documents (i.e., the CITY OF WESTMINSTER aerial Operations Manual, Monthly 

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

OF WESTMINSTER will document and maintain all maintenance records for each OJI 

Phantom 2 Vision+ UAS. 

The Reasons for granting this request are entirely beneficial to the public and 

community as a whole. 

Granting the present Petition will further the public interest by allowing CITY OF 

WESTMINSTER to safely, efficiently, and economically perform aerial video and 
photographic surveys and inspections of water and wastewater resources, construction 

sites, rights of way, utility easements, and other sites within the City of Westminster and 

its surrounding service area. 

This exemption application is expressly submitted to fulfill Congress' goal in 

passing Section 333(a) through (c) of the Reform Act. This law directs the Secretary of 

Transportation to consider whether certain unmanned aircraft systems may operate 

safely in the national airspace system (NAS) before completion of the rule making 

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

Secretary is required to determine which types of UAS do not create a hazard to users 

of the NAS or the public or pose a threat to national security in light of the following: 

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

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

• Operation of the UAS within visual line of sight of the operator. ld §333(b)(1) 

Lastly, the Secretary determines that such vehicles "may operate safely in the 

national airspace system, the Secretary shall establish requirements for the safe 

operation of such aircraft in the national airspace system." ld. §333(c). 

Given the small size of the UAS involved and the restricted sterile environment 

within which they will operate, the applicant falls squarely within that zone of safety (an 

equivalent level of safety) in which Congress envisioned that the FAA must, by 

exemption, allow commercial operations of UASs to commence immediately. Also due 

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

approval of the application presents no national security issue. Given the clear direction 

in Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, as 

amended; the strong equivalent level of safety surrounding the proposed operations, 

and the significant public benefit, including helping to meet the City of Westminster's 

continuing goal of providing safe drinking water through constant monitoring of the 

associated facilities, enhanced safety, reduction in environmental impacts, including 

reduced emissions associated with allowing UASs for aerial inspections, surveying, 

photography and videography, as well as providing an enhanced safety factor for city 

personnel involved in traditional inspection methods, the grant of the requested 

exemptions is in the public interest. Accordingly, the applicant respectfully requests that 

the FAA grant the requested exemption without delay. 

REASONS BENEFICIAL TO THE PUBLIC/COMMUNITY 

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

The DJI Phantom 2 Vision+ UA are battery powered and serve as a safe, 

efficient, and economical alternative to the manned aircraft traditionally utilized to obtain 

aerial imagery. By reducing the amount of manned aircraft needed to perform aerial 

data acquisitions, an exemption allowing the use of a OJI Phantom 2 Vision+ UAS 
would reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, 

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

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

congestion around airports caused by arriving and departing aircraft will be reduced. 

The DJI Phantom 2 Vision+ UAV do not require an airport to takeoff or land. Likewise, a 

reduction of manned aircraft conducting aerial video and photography missions would 

result in fewer aircraft that must be handled by air traffic control during the ground, 

takeoff, departure, arrival, and landing phases of flight operations. 

2. The Public Will Benefit From The Safety And Efficiency Of The DJI Phantom 2 

Vision+ UAS. 

Conducting aerial data acquisitions with the DJI Phantom 2 Vision+ UAS, instead 

of manned aircraft, will greatly benefit the public by drastically reducing the levels of air 

and noise pollution generated during traditional aerial video and still photography flight 

operations. By using battery power and electric motors, the DJI Phantom 2 Vision+ UAS 

produce no air pollution, and is the most viable environmentally conscious alternative to 

the cabin class, six cylinder internal combustion engine aircraft that are typically utilized 

for aerial video and photography, while burning approximately 20-30 gallons per hour of 

leaded aviation fuel. The DJI Phantom 2 Vision+ UAS, while reducing the carbon 

footprint of aerial acquisitions, also eliminates noise pollution, as the UAVs are 

propelled by battery powered electric motors, rather than an internal combustion engine. 

By using the DJI Phantom 2 Vision+ UAS to perform aerial observation, the substantial 

risk to life and property in the air and on the ground, which is usually associated with 

traditional manned aircraft flight operations, will be substantially reduced or completely 

eliminated. Aside from the lack of flight crew members located on board the aircraft, the 

DJI Phantom 2 Vision+ UAS (weighing approximately 1,242 grams or 2 pounds 8 

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

and with no fuel on board), has less physical potential for collateral damage to life and 

property on the ground, and in the air, compared to the manned aircraft that typically 

conduct similar operations (weighing approximately 6,000 pounds with a wingspan of 

approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons). 

3. Performing Aerial Video and Photography, Surveys and Inspections, 

Operations with the DJI Phantom 2 Vision+ UAS Will Benefit the Economy. 

In addition to being safe and efficient, the DJI Phantom 2 Vision+ UAS also 

provides an economical alternative to using manned aircraft to conduct similar aerial 

operations. As such, operation of the DJI Phantom 2 Vision+ UAS will allow the CITY 

OF WESTMINSTER to provide quality services to the residents and businesses of the 

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

and the Environmental Protection Agency ("EPA") regulatory actions phasing out leaded 

aviation fuels, agencies must adopt new and alternative technology in continue to 

provide required services at reasonable costs. Operating the battery powered DJI 

Phantom 2 Vision+ UAS is one such technology that not only allows agencies & 
companies greater operational flexibility compared to manned aircraft, but provides 

such flexibility without the high operational cost of a traditional manned aircraft. 

By operating the DJI Phantom 2 Vision+ UAS, the CITY OF WESTMINSTER can 

maintain and hopefully improve its ability to operate and maintain critical infrastructure 

and at the same time collect important data for further development of system-wide 

modeling of water, wastewater, stormwater and roadway systems as well as provide 

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

vegetation & wildlife habitats and city-wide greenspace. 

4. There Are No Privacy Issues. 

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

conducted for decades, the CITY OF WESTMINSTER's proposed operation of the DJI 

Phantom 2 Vision+ UAS will not implicate any privacy issues. Specifically, the DJI 

Phantom 2 Vision+ UAS will be operated only in compliance with operating documents 

(i.e., the CITY OF WESTMINSTER Aerial Operations Manual, Monthly Maintenance 

Log, and DJI Phantom 2 Vision+ Instruction Manual) which requires property owner 

involvement as well as local law enforcement notification, and in accordance with the 

Federal Aviation Regulations, including the maximum altitude limitations as per the 

requirements of 14 C.F.R. § 91.119. 

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY 

AFFECT SAFETY, OR HOW THE EXEMPTION WOULD PROVIDE A LEVEL OF 

SAFETY AT LEAST EQUAL TO THAT PROVIDED BY THE RULE FROM WHICH 

CITY OF WESTMINSTER SEEKS EXEMPTION. 

1. Reasons Why The DJI Phantom 2 Vision+ UA 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, CITY OF WESTMINSTER'S operation of 

the DJI Phantom 2 Vision+ UAS meet the conditions of FMRA Section 333, 

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

Subpart H. 

In seeking this exemption, CITY OF WESTMINSTER submits that the DJI 

Phantom 2 Vision+ UAS can operate safely in the NAS pursuant to FMRA Section 333, 

as demonstrated by: (a) the characteristics of the DJI Phantom 2 Vision+ UAS; (b) the 

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

a. The Specifications of the DJI Phantom 2 Vision+ UAS demonstrate its safe 

characteristics. 
The DJI Phantom 2 Vision 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. Technical Specifications of The DJI Phantom 2 Vision+ UAS. 

The technical specifications of the DJI Phantom 2 Vision+ UAS are set 

forth by the DJI Phantom 2 Vision+ Specifications and Data Sheet 

attached. 

ii. The DJI Phantom 2 Vision+ UAS autonomous flight And navigation 

modes enable the UAV to remain within a defined operational area. 

The DJI Phantom 2 Vision+ 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 2 Vision+ UAS are included in the 

User Manuals. 

iii. The DJI Phantom 2 Vision+ 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+ UA will remain 

stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI 

Phantom 2 Vision+ UAV does not reacquire control link data from the 

GCS, the UAV will assume that the Control Link is lost and the UAV 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+ UAS are set forth in the DJI Phantom 2 Vision+ User Manual. 

iv. The DJI Phantom 2 Vision+ GCS and its operation. 

A complete description of the operation and specifications of the DJI 

Phantom 2 Vision+ GCS and flight control software is provided in the DJI 

Phantom 2 Vision+ User Manual. 

b. Flights Of DJI Phantom 2 Vision+ UAS will be conducted pursuant to specific 

operating limitations. 

In seeking this exemption, CITY OF WESTMINSTER proposes to commercially 

operate the DJI Phantom 2 Vision+ UAS for the special purpose of conducting 

aerial video and photography over certain areas of its overall utility system 

located in Colorado, 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: OJI Phantom 2 Vision+ 

UAS. 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 inspection 

operations for the purpose of aerial video and photography. 

3. The UA may not be flown at an indicated airspeed exceeding 20 knots. 

4. The UA must be operated at an altitude of no more than 400 feet AGL, as 

indicated by the procedures specified in the operating documents unless a 

special request is made and approved by the controlling Air Traffic Control 

(ATC). All altitudes reported to ATC must be in feet AGL. 

5. The UAV must be operated within visual line of sight (VLOS) of the PIC at all 

times. This requires the PIC to be able to use human vision unaided by any 

device other than corrective lenses, as specified on the PIC's FAA-issued 

airman medical certificate or U.S. driver's license. 

6. The use of first person view (FPV) camera to satisfy the visual line of site by 

the PIC or safety observer (SO) is not permitted. 

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

satisfy the VLOS requirement as long as the PIC always maintains VLOS 

capability. The SO and PIC must be able to communicate verbally at all times. 

Electronic messaging or texting is not permitted during flight operations. The 

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

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

can perform the functions described in the operating documents. 

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

seeing and avoiding other air traffic and other ground based 

obstacles/obstructions and is not permitted to operate the camera or other 

instruments. 

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

during UAS operations and made available to the Administrator upon request. 

If a discrepancy exists between the conditions and limitations contained in the 

grant of exemption and the procedures outlined in the operating documents, 

the conditions and limitations contained in the grant of exemption take 

precedence and must be followed. Otherwise, the operator must follow the 

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

or revise its operating documents. It is the operator's responsibility to track 

such revisions and present updated and revised documents to the 
Administrator upon request. The operator must also present updated and 

revised documents if it petitions for extension or amendment to the grant of 

exemption. If the operator determines that any update or revision would affect 

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

petition for amendment to its grant of exemption. The FAA's UAS Integration 

Office (AFS-80) may be contacted if questions arise regarding updates or 

revisions to the operating documents. 

10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a 

condition for safe flight. If the inspection reveals a condition that affects the 

safe operation of the UAS, the aircraft is prohibited from operating until the 

necessary maintenance has been performed and the UAS is found to be in a 

condition for safe flight. The GCS must be included in the preflight inspection. 

All maintenance and alterations must be properly documented in the aircraft 

records. 

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

operation or flight characteristics, e.g. replacement of a flight critical 

component, must undergo a functional test flight. The PIC who conducts the 

functional test flight must make an entry in the aircraft records. 

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

inoperable components, items, or equipment, not already covered in the 

relevant sections of the operating documents. 

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

maintenance, overhaul, replacement, inspection, and life limit requirements. 

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

requirements, in accordance with the operating documents. Maintenance, 

inspection, alterations, and status of replacement/overhaul component parts 

must be noted in the aircraft records, including total time in service, 

description of work accomplished, and the signature of the authorized person 

returning the UAS to service. 

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

Safety Bulletins. 

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

corrective action taken against discrepancies discovered between 

inspections. 

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

order to justifiably operate the DJI Phantom 2 Vision+, or hold an equivalent 

pilot license approved by the FAA. 
18. The operator may not permit any PIC to operate the UAS 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 PIGs 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 UAS with appropriate distance from nonparticipants in 

accordance with 14 C.F.R. § 91.119. 

19.UAS operations may not be conducted during night, as defined in 14 C.F.R. § 

1.1. All operations must be conducted under visual meteorological conditions 

(VMC). If flight at night is required, a special request will be made at the FAA 

office closest to proposed area of operations. Flights under special visual 

flight rules (SVFR) are not authorized. 

20. The UA may not operate within 5 nautical miles of an airport reference point 

as denoted on a current FAA-published aeronautical chart unless a letter of 

agreement with that airport's management is obtained, and the operation is 

conducted in accordance with a Notice to Airmen (NOT AM) as required by 

the operator's Certificate of Authorization (COA). The letter of agreement with 

the airport management must be made available to the Administrator upon 

request. 

21. The UA may not be operated less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the 

PIC. 

22.1f the UAV loses communications or loses its GPS signal, it must return to a 

pre- determined location within the planned operating area and land or be 

recovered in accordance with the operating documents. 

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

emergencies in accordance with the operating documents. 

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

forecast weather conditions) there is enough power to fly at normal cruising 

speed to the intended landing point and land the UAS with 25% battery power 

remaining. 

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

of Waiver or Authorization (COA) prior to conducting any operations under the 
grant of exemption. This GOA will also require the operator to request a 

Notice to Airman (NOT AM) 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 GOA including 

class of airspace, altitude level and potential transponder requirements. It is 

understood, that as of March 23, 2015, the FAA will automatically grant a 

"blanket" GOA for all flights under the granted Section 333 exemption, 

provided that the aircraft weighs less than 55 pounds, operations are 

conducted during daytime Visual Flight Rules (VFR) conditions and within 

visual line of sight (VLOS) of the pilots, and stay certain distances away from 

airports or heliports. 

26.AII aircraft operated in accordance with the exemption must be identified by 

serial number, registered in accordance with 14 C.F.R. part 47, and have 

identification (N- Number) markings in accordance with 14 C.F.R. part 45, 

Subpart C. Markings must be as large as practicable. 

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

operation and control of the UAS must comply with the Federal 

Communications Commission (FCC) or other appropriate government 

oversight agency requirements. 

28. The UAV 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.AII operations shall be conducted over publicly owned or controlled property. 

Any operation over privately owned property would require permission from 

the land owner/controller or authorized representative. Permission from land 

owner/controller or authorized representative will be obtained for each flight to 

be conducted. 

31. Any incident, accident, or flight operation that transgresses the lateral or 

vertical boundaries of the operational area as defined by the applicable GOA 

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 

THE CITY OF WESTMINSTER AFFIRMS ALL INFORMATION LISTED ABOVE 

TO BE TRUE AND BINDING UPON FAA'S FINDINGS OF EXEMPTION REGARDING 

COMMERCIAL OPPERATIONS OF LISTED UAS, UNTIL FURTHER NOTICE OF 

LAWS OR REGULATIONS DECIDED BY THE GOVERNEMENT/FAA. 

THANK YOU FOR YOUR CONSIDERATION. 
ROBERT KRUGMIRE 

WATER RESOURCES ENGINEER 

CITY OF WESTMINSTER 
DJI PHANTOM 2 VISION+ SPECIFICATIONS AND DATASHEET 

General Features • 

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Aircraft 

Transmitter 

Lightweight, multi-functional integrated aircraft and camera 

Camera remote-control by DJI VISION APP 

Range Extender increases Wi-Fi distance to 300m 

Anti-vibration camera platform with single axis stabilization 

Low-voltage protection 

Virtual Radar aircraft locator on mobile device 

Range of camera tilt options 

Multiple, continuous and timed capture options 

HD Video Recording (1 080/p30 or 1 080/60i) 

RAW and JPEG picture formats 

Battery 

5200mAh LiPo 

Weight (Battery & Propellers Included) 

1160g 

Hover Accuracy (Ready To Fly) 

Vertical: 0.8m; Horizontal: 2.5m 

Max Yaw Angular Velocity 

200°/s 

Max Tilt Angle · 

35° 

Max Ascent I Descent Speed 

Ascent: 6m/s; Descent: 2m/s 

Max Flight Speed 

15m/s (Not Recommended) 

Diagonal Length 

350mm 

Tilting Range Of Gimbal 

0°-60° 

Operating Frequency 

5.728GHz-5.8GHz 

Communication Distance (Open Area) 

CE: 300m; FCC: 500m 

Receiver Sensitivity (I O;(,PER) 

-93dBm 

Transmitter Power 

CE: 25mw; FCC: 125mw 

Working Voltage 

80 mA@6V 

Battery 

4 AA Batteries 
Camera 

Range Extender 

DJI VISION App 

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Resolution 

14 Megapixels 

FOV 

120°/110°/85° 

Sensor Size 

1/2.3" 

Functionality 

Support of multi-capture, continuous capture and timed capture 

Support of HD Recording (1080/p30 or 1080/60i) 

Supports of both RAW and JPEG picture format 

Operating Frequency 

2412-2462MHz 

Communication Distance (Open Area) 

300m 

Transmitter Power 

<=17dBm 

Power Consumption 

1.5W 

System Requirement Of Mobile Device 

iOS version 6.1 or above/ Android system version 4.0 or above 

Mobile Device Support 

• iOS recommended: iPhone 4s, iPhone 5, iPhone 5s, iPhone 6, iPhone 6 Plus, 

• iPod touch 5 (available but not recommended: iPad 3, iPad 4, iPad mini) 

• Android recommended: Samsung Galaxy S3, S4, Note 2, Note 3 

• or phones of similar configuration