June 29, 2015

Exemption No. 11936

Regulatory Docket No. FAA–2015–1359

Mr. Drew Farrington

Drew’s Aerial Photography

2370 130th Avenue Northeast, #103

Bellevue, WA 98005

Dear Mr. Farrington:

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends.

By letter dated April 20, 2015, you petitioned the Federal Aviation Administration (FAA) on 

behalf of Drew’s Aerial Photography (hereinafter petitioner or operator) for an exemption. 

The petitioner requested to operate an unmanned aircraft system (UAS) to conduct aerial 

video and photography.

See Appendix A for the petition submitted to the FAA describing the proposed operations and 

the regulations that the petitioner seeks an exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to the petitioner.

Airworthiness Certification

The UAS proposed by the petitioner are the DJI Phantom 2 Vision+ and DJI Inspire 1.

In accordance with the statutory criteria provided in Section 333 of Public Law 112−95 in 

reference to 49 U.S.C. § 44704, and in consideration of the size, weight, speed, and limited 

operating area associated with the aircraft and its operation, the Secretary of Transportation 

has determined that this aircraft meets the conditions of Section 333. Therefore, the FAA 
2

finds that relief from 14 CFR part 21, Certification procedures for products and parts, 

Subpart H—Airworthiness Certificates, and any associated noise certification and testing 

requirements of part 36, is not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection1. The FAA has issued grants of 

exemption in circumstances similar in all material respects to those presented in your petition. 

In Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352), 

11109 to Clayco, Inc. (see Docket No. FAA−2014−0507), 11112 to VDOS Global, LLC (see

Docket No. FAA−2014−0382), and 11213 to Aeryon Labs, Inc. (see Docket No. 

FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned 

aircraft (UA) with the specifications described by the petitioner and carrying no passengers or 

crew, rather than a manned aircraft of significantly greater proportions, carrying crew in 

addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled 

by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I find that—

 They are similar in all material respects to relief previously requested in Grant of 

Exemption Nos. 11062, 11109, 11112, and 11213;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 

11213 also apply to the situation you present; and 

 A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, 

delegated to me by the Administrator, Drew’s Aerial Photography is granted an exemption 

from 14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 

91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) 

and (b), to the extent necessary to allow the petitioner to operate a UAS to perform aerial data 

collection. This exemption is subject to the conditions and limitations listed below.

Conditions and Limitations

In this grant of exemption, Drew’s Aerial Photography is hereafter referred to as the operator.

 

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. 

Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF 

analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by 

instruments aboard the UA.
3

Failure to comply with any of the conditions and limitations of this grant of exemption will be 

grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the DJI Phantom 2 

Vision+ and DJI Inspire 1 when weighing less than 55 pounds including payload. 

Proposed operations of any other aircraft will require a new petition or a petition to 

amend this exemption.

2. Operations for the purpose of closed-set motion picture and television filming are 

not permitted. 

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The 

exemption holder may use either groundspeed or calibrated airspeed to determine 

compliance with the 87 knot speed restriction. In no case will the UA be operated at 

airspeeds greater than the maximum UA operating airspeed recommended by the 

aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level 

(AGL). Altitude must be reported in feet AGL.

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

This requires the PIC to be able to use human vision unaided by any device other than 

corrective lenses, as specified on the PIC’s FAA-issued airman medical certificate or 

U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within 

the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used 

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

capability. The VO 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 VO can perform the duties 

required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its 

operations in accordance with the conditions and limitations stated in this grant of 

exemption, are hereinafter referred to as the operating documents. The operating 

documents must be accessible during UAS operations and made available to the 

Administrator upon request. If a discrepancy exists between the conditions and 

limitations in this exemption and the procedures outlined in the operating documents, 

the conditions and limitations herein 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 
4

documents to the Administrator or any law enforcement official upon request. The 

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

or amendment to this grant of exemption. If the operator determines that any update 

or revision would affect the basis upon which the FAA granted this exemption, then 

the operator must petition for an 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.

8. 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 prior to conducting further operations under this exemption. 

Functional test flights may only be conducted by a PIC with a VO and must remain at 

least 500 feet from other people. The functional test flight must be conducted in such 

a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is 

in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the 

UAS is in a condition for safe flight. The pre-flight inspection must account for all 

potential discrepancies, e.g., inoperable components, items, or equipment. 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.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, 

replacement, inspection, and life limit requirements for the aircraft and 

aircraft components.

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

safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, 

commercial, private, recreational, or sport pilot certificate. The PIC must also hold a 

current FAA airman medical certificate or a valid U.S. driver’s license issued by a 

state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal 

government. The PIC must also meet the flight review requirements specified in 

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the 

ability to safely operate the UAS in a manner consistent with how the UAS will be 

operated under this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from persons, vessels, vehicles and structures. PIC 

qualification flight hours and currency must be logged in a manner consistent with 
5

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs 

(training, proficiency, and experience-building) and determining the PIC’s ability to 

safely operate the UAS in a manner consistent with how the UAS will be operated 

under this exemption are permitted under the terms of this 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 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All 

operations must be conducted under visual meteorological conditions (VMC). Flights 

under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not 

denoted with an ARP, the center of the airport symbol as denoted on the current 

FAA-published aeronautical chart, unless a letter of agreement with that airport’s 

management is obtained or otherwise permitted by a COA issued to the exemption 

holder. The letter of agreement with the airport management must be made available 

to the Administrator or any law enforcement official upon request.

17. 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.

18. If the UAS loses communications or loses its GPS signal, the UA must return to a 

pre-determined location within the private or controlled-access property.

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

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

weather conditions) there is enough available power for the UA to conduct the 

intended operation and to operate after that for at least five minutes or with the reserve 

power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All 

operations shall be conducted in accordance with an ATO-issued COA. The 

exemption holder may apply for a new or amended COA if it intends to conduct 

operations that cannot be conducted under the terms of the attached COA.

22. All aircraft operated in accordance with this exemption must be identified by serial 

number, registered in accordance with 14 CFR part 47, and have identification 

(N−Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must 

be as large as practicable.
6

23. Documents used by the operator to ensure the safe operation and flight of the UAS and 

any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the 

PIC at the Ground Control Station of the UAS any time the aircraft is operating. 

These documents must be made available to the Administrator or any law enforcement 

official upon request.

24. The UA must remain clear and give way to all manned aviation operations and 

activities at all times. 

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

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

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 in a manner ensuring the safety 

of nonparticipating persons; and

b. The owner/controller of any vessels, vehicles or structures has granted permission 

for operating closer to those objects 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.

The PIC, VO, operator trainees or essential persons are not considered 

nonparticipating persons under this exemption.

27. All operations shall be conducted over private or controlled-access property with 

permission from the property owner/controller or authorized representative. 

Permission from property owner/controller or authorized representative will be 

obtained for each flight to be conducted.

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

boundaries of the operational area as defined by the applicable COA must be reported 

to the FAA's UAS Integration Office (AFS−80) within 24 hours. Accidents must be 

reported to the National Transportation Safety Board (NTSB) per instructions 

contained on the NTSB Web site: www.ntsb.gov.

If this exemption permits operations for the purpose of closed-set motion picture and 

television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) 

as documented in this grant of exemption.
7

30. At least 3 days before aerial filming, the operator of the UAS affected by this 

exemption must submit a written Plan of Activities to the local Flight Standards 

District Office (FSDO) with jurisdiction over the area of proposed filming. The 3-day 

notification may be waived with the concurrence of the FSDO. The plan of activities 

must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted 

under this grant of exemption;

c. Name and phone number of the person responsible for the on-scene operation of 

the UAS;

d. Make, model, and serial or N−Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;

f. A statement that the operator has obtained permission from property owners 

and/or local officials to conduct the filming production event; the list of those 

who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city, 

town, county, and/or state over which filming will be conducted and the altitudes 

essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons 

consenting to be involved and necessary for the filming production, as specified in the 

exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS 

operations must comply with all applicable parts of 14 CFR including, but not limited to, 

parts 45, 47, 61, and 91.
8

This exemption terminates on June 30, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC 

Regulatory Docket No. _____ _ 

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: 

DREW'S AERIAL PHOTOGRAPHY 

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF 

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS 

SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(l), 

91.409(a)(l) & (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL 

OPERATION OF DJI PHANTOM 2 VISION+ AND DJI INSPIRE 1 UNMANNED 

AIRCRAFT SYSTEMS 

PURSUANT TO SECTION 333 OF 

THE FAA MODERNIZATION AND REFORM ACT OF 2012 

(PUBLIC LAW 112-95) 

Submitted on April20, 2015 

Drew Farrington 

Drew's Aerial Photography 

2370 BOth Avenue NE, #103 

Bellevue, Washington 98005 
TABLE OF CONTENTS 

Page 

GLOSSARY OF ABBREVIATIONS ................................................................................... 3 

SUMMARY ........................................................................................................................... 4 

INTRODUCTION AND INTERESTS OF PETITIONER. ................................................. ..4 

BACKGROUND .................................................................................................................... 4 

BASIS FOR PETITION ......................................................................................................... 5 

NAME AND ADDRESS OF PETITIONER. ............................................................ 6 

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH DAP SEEKS 

EXEMPTION ............................................................................................................. 6 

THE EXTENT OF RELIEF DAP SEEKS AND THE REASONS FOR THAT 

RELIEF .................................................................................................................... 15 

THE REASONS WHY GRANTING DAP'S REQUEST WOULD BE IN THE 

PUBLIC INTEREST .... ........................................................................................ 17 

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT 

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

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER ...... 30 

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS 

AVAILABLE TO SUPPORTDAP'S QUEST ..................................................... 34 

CONCLUSION .................................................................................................................... 30 

APPENDICES .................................. ..................... .. ....... ............... ........ . 31 

DAP Petition for Exemption Page 2 
GLOSSARY OF ABBREVIATIONS 

AGL 

AOI 

ATC 

ATO 

AV 

CFR 

COA 

FAA 

FAR 

GCS 

GPS 

LOL 

NAS 

NOT AM 

PIC 

Section 333 

so 

SOP 

UA 

UAS 

VFR 

VLOS 

VMC 

VTOL 

DAP Petition for Exemption 

Above Ground Level 

Area of Interest 

Air Traffic Control 

Air Traffic Organization 

Aerial Vehicle 

Code ofFederal Regulations 

Certificate of Authorization 

Federal Aviation Administration 

Federal Aviation Regulation 

Ground Control Station 

Global Positioning System 

Loss ofLink 

National Airspace System 

Notice to Airman 

Pilot In Command 

FAA Modernization and Reform Act of2012 (FMRA) Section 333 

Safety Observer 

Standard Operating Procedures 

Unmanned Aircraft 

Unmanned Aircraft System 

Visual Flight Rules 

Visual Line of Site 

Visual Meteorological Conditions 

Vertical Takeoff and Landing 

Page 3 
SUMMARY 

Drew Farrington and Charles Farrington doing business as Drew's Aerial 

Photography ("DAP") seeks exemption from the requirements of 14 C.F.R §§ 61.113(a) & 

(b) or alternatively an exemption from C.F.R §§ 61.113, 91.7(a), 91.121, 91.151(b), 

91.405(a), 91.407(a)(l), 91.409(a)(l) & (a)(2), and 91.417(a) & (b), to operate an Unmanned 

Aircraft System pursuant to Section 333 of the FAA Modernization and Reform Act of2012 

(FMRA). This exemption will permit DAP to operate an Unmanned Aircraft System (UAS) 

for the commercial purpose of conducting aerial video and photography of construction sites, 

real estate, and landscape over certain areas of the United States. 

INTRODUCTION AND INTERESTS OF THE PETITIONERs 

Drew Farrington and Charles Farrington have over 4 years recreational/hobby 

experience in all aspects of aerial flight and 3 years of aerial video and photography. The 

objective of DAP's aerial video and photography operations is to provide high quality 

imaging for a variety of commercial, public, and residential uses, specifically targeting: 

• Construction sites before and after 

• Appraisals 

• Real-estate marketing 

• Motion Picture Filming 

• Aerial acquisitions used for inspections of public and private structures. 

• Search and Rescue operations 

• 

BACKGROUND 

Unmanned Aircraft Systems: DJI Phantom 2 Vision+, DJI Inspire 1 UASs 

DAP seeks an exemption to operate DJI systems for compensation or hire within the 

NAS. The DJI Phantom 2 Vision+ and DJI Inspire 1 are vertical takeoff and landing (VTOL) 

Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or 

smart phone systems. The DJI Phantom 2 Vision+ has a maximum gross weight of 

approximately 2 pounds 11 ounces, while having a length of 16 inches width of 16 inches, 

height of 8 inches, and a maximum speed of approximately 29 knots. The DJI Inspire 1 has 

a maximum gross weight of 6 pounds 7.5 ounces, a length of 17.3 inches, width of 17.7 

inches, height of 11.8 inches, and a maximum speed of approximately 42 knots. The DJI 

Phantom 2 Vision+ and DJI Inspire 1 UAs are equipped with four main rotors; driven by 

Lithium Polymer battery powered electric motors. 

The DJI Phantom 2 Vision+ and DJI Inspire 1 UAs that will be operated by DAP 

will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft, as well as 

14 C.F.R Part 47, Aircraft Registration, and marked in accordance with 14 C.F.R. Part 45, 

Identification and Registration Marking. 

DAP Petition for Exemption Page 4 
BASIS FOR PETITION 

Petitioner, DAP, pursuant to the provisions of the Federal Aviation Regulations (14 

C.F.R. § 11.61) and the FAA Modernization and Reform Act of2012 (FMRA), Section 333, 

Special Rules for Certain Unmanned Aircraft Systems, hereby petitions the Administrator to 

commercially operate the DJI Phantom 2 Vision+, DJI Inspire 1 UASs in the National 

Airspace System (NAS), and for an exemption from the requirements of 14 C.F.R §§ 

61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(l), 91.409(a)(l) & (a)(2), 

and 91.417(a) & (b). 

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

the unmanned aircraft and its operation, DAP operation ofDJI Phantom 2 Vision+ and DJI 

Inspire 1 UASs meets the conditions ofFMRA Section 333 and therefore, will not require 

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

Accordingly, DAP requests relief from Sections 91.405(a), 91.407(a)(l), 

91.409(a)(l) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for 

maintenance that only apply to aircraft with an airworthiness certificate. 

DAP submits that the requested relief is proper since an equivalent level of safety 

will be ensured. DAP will use experienced personnel or technicians to perform maintenance, 

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

practices prescribed in the operating documents (i.e., Monthly Maintenance Log, and DJI 

Phantom 2 Vision+ and DJI Inspire 1 Instruction Manual). Furthermore, DAP will document 

and maintain all maintenance records for the DJI Phantom 2 Vision+ and DJI Inspire 1 

UASs. 

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

privileges and limitations: Pilot in command, is requested by DAP to the extent necessary 

to allow a Pilot in Command (PIC) is able to safely operate the DJI Phantom 2 Vision+ and 

DJI Inspire 1 UASs in a manner consistent with this exemption, including evasive and 

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

and structures. Alternatively, DAP request that the requirement of private pilot licensing 

for commercial UA use required of previous exemptions be lifted in this particular request 

pursuant to DAP's argument herein. 

DAP seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, because 

the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs do not require an airworthiness 

certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, DAP submits that he 

will ensure that the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs are 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+ and DJI 

Inspire 1 Instruction Manual), and that the aircraft are in a condition for safe flight. 

DAP Petition for Exemption Page 5 
DAP also seeks an exemption from the requirements of Section 91.121, entitled 

Altimeter Settings, as the DJI Phantom 2 Vision+ and DJI Inspire 1 UAs will not have a 

typical barometric altimeter onboard. However, altitude information of the DJI Phantom 2 

Vision+ and DJI Inspire 1 UAs will be provided to the PIC via Global Positioning System 

(GPS) equipment and radio communications telemetry data link, which downlinks from the 

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

with DAP's operation of the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs within visual 

line of sight, at or below 400 feet AGL, will ensure a level of safety equivalent to Section 

91.121. 

Additionally, DAP seeks an exemption from the requirements of Section 91.15l(b), 

entitled Fuel requirements for flight in VFR conditions. DAP submits that safety will not be 

affected by operation of the DJI Phantom 2 Vision+ and DJI Inspire 1 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. 

In accordance with 14 C.F.R. § 11.81, DAP provides the following information in 

support ofhis petition for exemption: 

A. NAME AND ADDRESS OF THE PETITIONER. 

The name and address of the Petitioners and point of contact are: 

Drew Farrington and Charles Farrington, DAP 

2370 130m Avenue NE, #103 

Bellevue, Washington 98005 

Email: charles@pricefarrington.com 

B. THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH DAP SEEKS 

EXEMPTION. 

1. DAP SEEKS EXEMPTION FROM THE REQUIREMENTS OF SECTION 

61.113. 

DAP'S ARGUMENT FOR EXEMPTION FROM 14 C.F.R. §61.113: PRIVATE 

PILOT PRIVILEGES AND LIMITATIONS: PIC. 

DAP requests an exemption from 14 C.F.R. §61.113 so that the PIC of the UA will 

not be required to possess a private or commercial pilot's license. As the FAA and numerous 

other national airspace regulators have recognized, UA operations conducted by persons who 

do not hold a pilot's license can still achieve the equivalent level of safety of current 

operations by manned aircraft with pilots holding a private or commercial pilot's license. 

Although it recognizes that a pilot's license is unnecessary for safe UA operation, the 

FAA has to date declined to allow grant exemptions under Section 333 that would permit 

DAP Petition for Exemption Page 6 
individuals who possess neither a private nor a commercial pilot's certificate to conduct 

commercial UA operations. It has specified two reasons for declining to do so. First, it has 

stated that it does not possess the authority under Section 333 to exempt individuals from 

the requirement under 49 U.S.C. §44711 to hold an airman certificate authorizing the airman 

to serve in the capacity for which the certificate was issued. Exemption No. 11110 at 14. 

Second, the FAA has concluded that the Department of Homeland Security (DRS) security 

screening required of all certified airmen meets the statutory requirement in Section 333 that 

operations not pose a threat to national security. Exemption No. 11110 at 15. 

DAP respectfully requests that the FAA reconsider its position. There is no dispute 

that it is unnecessary for an operator of aU A to go through the rigorous process of becoming 

a certified pilot in order to safely operate aU A. In addition, the FAA does have the authority 

to exempt UA operators from the requirement in 49 U.S.C. §447llto hold an airman 

certificate for "serv[ing] in the capacity for which the certificate was issued." Indeed, it has 

exercised that authority repeatedly in the Section 333 process. Finally, the FAA's security 

concerns can be addressed by a variety of methods involving operator background checks to 

be conducted by government agencies. 

2. THE FAA AND FOREIGN REGULATORS RECOGNIZE THAT 

OBTAINING A MANNED AIRCRAFT PILOT LICENSE IS 

UNNECESSARY FOR SAFE OPERATION OF A UA 

The FAA, like the other national airspace regulators that have considered the issue, 

has concluded that UA operations conducted by persons who do not hold a pilot's license 

can still achieve the equivalent level of safety of current operations by manned aircraft with 

pilots holding a private or commercial pilot's license. In its recent UAS NPRM, the FAA 

stated: 

"While these airman certification requirements are necessary for manned 

aircraft operations, they impose an unnecessary burden for many small UAS 

operations. This is because a person typically obtains a private or commercial 

pilot certificate by learning how to operate a manned aircraft. Much of that 

knowledge would not be applicable to small UAS operations because a small 

U AS is operated differently than mat1ned aircraft. !n addition, the knowledge 

currently necessary to obtain a private or commercial pilot certificate would 

not equip the certificate holder with the tools necessary to safely operate a 

small UAS ... Thus, requiring persons wishing to operate a small UAS to 

obtain a private or commercial pilot certificate imposes the cost of 

certification on those persons, but does not result in a significant safety 

benefit because the process of obtaining the certificate does not equip those 

persons with the tools necessary to mitigate the public risk posed by small 

UAS operations." Operation and Certification of Small Unmanned Aircraft, 

80 Fed. Reg. 9543 at 9550 (proposed Feb. 23, 2015 (to be codified at 14 

C.F.R. Parts 21 , 43, 45, et al.)). 

DAP Petition for Exemption Page 7 
The FAA's conclusion that manned aircraft flying experience is unnecessary for the 

operation of a UA is supported by research by the FAA and the Army Research Laboratory. 

They demonstrate that UAs, even those much larger than the sUAS proposed by DAP, can 

be safely flown by non-certificated pilots with a small ,amount of training. For example, one 

Army Research Laboratory study concluded: 

"[T]he specific motor skills needed to control the radio-controlled UAV 

would have to be learned by aviators independently of the motor skills 

learned in flying an aircraft. In particular, the somatic and visual cues that 

pilots use during aircraft landings would not be useful (and perhaps even 

counter-productive) for the different skill sets and perceptual viewpoint 

necessary for radio-controlled landings."1 

Additional research reports lend further support for the exclusion requested. For 

example, a report sponsored by the FAA concluded that "We know that certain systems, like 

the U.S. Army Hunter and Shadow systems, are successfully flown by pilots with no manned 

aircraft experience. "

2 

In addition, foreign government airspace regulators that have examined the issue 

have consistently recognized that the skills required to fly a manned aircraft are irrelevant to 

operating a UA. For that reason, they have concluded that UA operators do not need to have 

a private or commercial pilot's license. Canada, for example, does not require a pilot's 

license to operate a UA. Transport Canada requires training ofUA operators, but that training 

is limited to pilot ground school and flight operation training on UAs, not manned aircraft.3 

Moreover, Canada allows this training to be "provided by other pilots, manufacturers, [UA] 

flight training organizations or .. . self taught." 4 

1 Michael J. Barnes, Beverly G. Knapp, Barry W. Tillman, Brett A. Walters & Darlene 

Veliki, 

Crew systems analysis of unmanned aerial vehicle (UA V) future job and tasking 

environments, Technical Report ARL-TR-2081, Aberdeen Proving Ground, MD: Army 

Research Laboratory, page 12 (2000), available at 

http://www.dtic.mil/dtic/tr/fulltext/u2/a374230.pdf. 

2 Kevin W. Williams, Unmanned Aircraft Pilot Medical Certification Requirements, Report 

DOT/FAA/AM-07/3, FAA Civil Aerospace Medical Institute, page 2, (2007), available at 

http://fas.org/iro/program/collect/ua-pilot.pdf. While the authors speculated that UAS use in 

populated areas may change this assessment, indicating further research was needed to 

address this concern, this concern is inapplicable as Helios's flights will not be in congested 

areas. See also Jason S. McCarley & Christopher D. Wickens, Human Factors Implications 

ofUAVs in the National Airspace, Institute of Aviation, Aviation Human Factors Division, 

University of illinois at Urbana-Champaign, 13 (2004), available at 

http://www.tc.faa.gov/logistics/grants/pdf/2004/04-G-032.pdf 

3 See Civil Aviation, Standards, Transport Canada, Advisory Circular: Guidance Material 

for Operating Unmanned Air Vehicle Systems under an Exemption at 14 and 18-22, (Nov. 

27, 2014) available at http://www.tc.gc.ca/media/documents/ca-opssvs/ac-600-004.pdf. 

4 !d. at 14. 

OAP Petition for Exemption Page 8 
Similarly, the United Kingdom's Civil Aviation Authority (CAA) recognized that 

determining "Remote Pilot qualification requirements on the same basis as manned aircraft 

may yield requirements that are too inflexible, too onerous and inappropriate for UAS 

operations."5 As a result, the CAA only requires UA operators to demonstrate UA operator 

competence. 6 While there are a variety of ways to demonstrate competence, the most 

common is to complete a course that will lead to a ground exam and flight test. Australia, 

too, requires only passage of a UA-specific ground school program in lieu of a private pilot 

license.7 Finally, more than a dozen countries, including Germany, Italy, France, Spain and 

the Netherlands, have adopted the National UAS Certificate for Small Unmanned Aircraft 

(BNUCMS) Standard for UA pilot certification.7 This standard results in a type-specific UA 

certificate and does not require the operator to have a pilot's license. The process involves 

taking a short ground school course, passing a ground school test and then passing a practical 

test on commercial operation ofthe specific UAS per the UAS manufacturer's operations 

manual. 

All of this experience and evidence indicates that the proposed exemption will 

provide a greater level of safety than operations under 14 C.F .R. §61.113. In this instance, 

the PIC has years of UA experience. He has focused his training and education on UAs 

generally, and in particular on the aircraft to be operated, rather than taking on the cost, 

additional time and risk to train on a manned aircraft, weighing several thousand pounds and 

carrying highly flammable fuel. 

The FAA has concluded in the NPRM that such UA-specific training is more than 

sufficient to provide an equivalent level of safety for UA operations. Sometime in the next 

18 to 24 months, that position will be enshrined in a valid regulation. However, in the 

meantime, the FAA claims it lacks the authority to relax the requirement to possess a pilot 

certificate. As described infra, that position is both incorrect and contradicted by the FAA's 

recent decisions. 

3. THE FAA HAS ALREADY EXERCISED THE AUTHORITY TO EXEMPT 

APPLICANTS FROM THE AIRMAN CERTIFICATE REQUIREMENT 

5 Civil Aviation Authority, Safety Regulation Group, Unmanned Aircraft System Operations 

in UK Airspace- Guidance, Section 2, Chapter 5, Page 2 (Aug. 10, 2012), available at 

https://www.caa.co.ukldocs/33/CAP722.pdf. 

6 Civil Aviation Authority, Unmanned Aircraft and Aircraft Systems, 

available at http://www.caa.co.ukldefault.aspx?catid= 1995&pagetype=90 

7 Australian Government Civil Aviation Safety Authority, available at 

http://www .casa. gov.au/scripts/nc.dll?WCMS: STANDARD: :pc=PC 1003 

74. 

7 See EuroUSC International, "Pilot Qualification," available at 

http://eurousc.com/services/pilot-qualifications/. 

DAP Petition for Exemption Page 9 
The FAA claims that it lacks authority to exempt UA operators from the requirement 

of 49 U.S. §44711 to hold an airman certificate authorizing the airman "to serve in the 

capacity for which the certificate was issued." See, e.g., Exemption No. 11110 at 14. This 

claim is inconsistent with both (i) the statutory language of that section and Section 333, and 

(ii) numerous recent FAA decisions. 

The operative part of 49 USC §44711 provides that a "person may not ... serve in 

any capacity as an airman with respect to a civil aircraft, ... used, or intended for use, in air 

commerce - (A) without an airman certificate authorizing the airman to serve in the 

capacity for which the certificate was issued . .. " If the FAA's interpretation were correct, 

this language would require that any person wishing to operate a UA for commercial 

operations have an airman certificate authorizing the person to serve as an airman in 

commercial operations. 

However, in all of its recent grants of Section 333 petitions, the FAA has- without 

explicitly acknowledging the fact- exempted commercial UA operators from the§ 44711(A) 

requirement that they hold an airman certificate authorizing them "to serve in the capacity 

for which the certificate was issued." It has done so by allowing them to operate a UA so 

long as they hold a private pilot's or sport pilot's authorization, even though such a certificate 

does not permit commercial operations. Exemption No. 11062 at 15-18; Exemption No. 

11110 at 14-16; Exemption No. 11191 at 3-5; and Exemption No. 11229 at 3 and 8. 

The FAA argues that it cannot exempt applicants from the requirements of §44711 

because, while the specific language of Section 333 grants it limited statutory flexibility 

relative to 49 U.S.C. §44704 for the purposes of airworthiness certification, Section 333 does 

not provide flexibility relative to §44711 and other sections of Title 49. Exemption No. 

11110 at 14. This argument ignores the plain la.'l.guage of the statute. The relevant language 

of Section 333 is: 

(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-

(I) 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 

DAP Petition for Exemption Page 10 
(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. 

The language of Section 333(b) is permtsstve: it requires that the Secretary 

"determine, at a minimum ... 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)." Nothing in 

(b) precludes the Secretary from determining whether or not a pilot's license is required for 

operation of a UA identified under paragraph (b )(1 ). 

Indeed, the FAA has implicitly conceded the point by granting exemptions from the 

requirement that commercial UA operators hold a commercial pilot certificate. From an 

analytical standpoint, there is no difference between granting an exemption from the 

commercial pilot's license requirement and granting an exemption from the private or sport 

pilot's license requirement. Both are clearly exemptions from a specific statutory 

requirement in 49 U.S.C. §44711. If the FAA has the statutory authority under Section 

333(b) to do the former, it has the same authority to do the latter. 8 

For the reasons set forth above, the FAA should reconsider its position and exercise 

its full authority to grant an exemption from all the requirements of 49 USC §44711, so that 

DAP serving as a commercial UA operator need not have a pilot's license. 

Alternatively: 

1. DAP SEEKS EXEMPTION FROM THE REQUIREMENTS OF SECTION 

61.113(a) and (b). 

Section 61.113, entitled Private pilot privileges and limitations: Pilot in command, 

subsections (a) and (b) prescribe the following, in relevant part: 

8 The FAA has not specifically identified the statutory provision that underpins its authority 

to grant the exemptions from the commercial pilot's license requirement. Whether the 

statutory basis is Section 333 or some other provision makes no difference. Ifthere is a basis 

for a partial exemption from in 49 U.S.C. § 44711, that basis also justifies an exemption 

from the entire provision. 

DAP Petition for Exemption Page 11 
(a) No person who holds a private pilot certificate may act as a pilot in command 

(PIC) of an aircraft that is carrying passengers or property for compensation or 

hire; nor may that person, for compensation or hire, act as PIC of an aircraft. 

(b) A private pilot may, for compensation or hire, act as PIC of an aircraft in 

connection with any business or employment if-

(1) The flight is only incidental to that business or employment; and 

(2) The aircraft does not carry passengers or property for compensation or hire. 

2. DAP SEEKS EXEMPTION FROM THE REQUffiEMENT OF SECTION 

91.7(a). 

Section 91.7, entitled Civil aircraft airworthiness, subsection (a), states the 

following: 

(a) No person may operate a civil aircraft unless it is in an airworthy condition. 

3. DAP SEEKS EXEMPTION FROM THE REQUmEMENTS OF SECTION 

91.121. 

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

part: 

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

level of that aircraft, as the case may be, by reference to an altimeter that is set, 

when operating--

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

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

within 100 nautical miles of the aircraft; 

(ii) If there is no station within the area prescribed in paragraph (a)(l)(i) of 

this section, the current reported altimeter setting of an appropriate 

available station; or 

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

departure airport or an appropriate altimeter setting available before 

departure. 

4. DAP SEEKS EXEMPTION FROM THE REQUIREMENTS OF SECTION 

91.151(b). 

Section 91.151, entitled Fuel requirements for flight in VFR conditions, subsection 

(b), states the following: 

DAP Petition for Exemption Page 12 
(b) No person may begin a flight in a rotorcraft under VFR conditions unless 

(considering wind and forecast weather conditions) there is enough fuel to fly to 

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

after that for at least 20 minutes. 

5. DAP SEEKS EXEMPTION FROM THE REQUIREMENT OF SECTION 

91.405(a). 

Section 91.405, entitled Maintenance required, subsection (a), states the following: 

Each owner or operator of an aircraft-

( a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall 

between required inspections, except as provided in paragraph (c) of this section, 

have discrepancies repaired as prescribed in part 43 of this chapter[.] 

6. DAP SEEKS EXEMPTION FROM THE REQUIREMENTS OF SECTION 

91.407(a)(l) 

Section 91.407, entitled Operation after maintenance, preventive maintenance, 

rebuilding, or alteration, subsection (a)(1), states the following: 

(a) No person may operate any aircraft that has undergone maintenance, preventive 

maintenance, rebuilding, or alteration unless--

(1) It has been approved for return to service by a person authorized under§ 43.7 

of this chapter. 

7. DAP SEEKS EXEMPTION FROM THE REQUIREMENTS OF SECTIONS 

91.409(a)(l) and 91.409(a)(2). 

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

(a) Except as provided in paragraph (c) of this section, no person may operate an 

aircraft unless, within the preceding 12 calendar months, it has had--

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

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

or 

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

with part 21 of this chapter. 

8. DAP SEEKS EXEMPTION FROM THE REQUIREMENTS OF SECTIONS 

91.417(a) and 91.417(b). 

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

following: 

DAP Petition for Exemption Page 13 
(a) Except for work performed in accordance with §§ 91.411 and 91.413, each 

registered owner or operator shall keep the following records for the periods 

specified in paragraph (b) of this section: 

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

records of the 100-hour, annual, progressive, and other required or approved 

inspections, as appropriate, for each aircraft (including the airframe) and each 

engine, propeller, rotor, and appliance of an aircraft. The records must 

include--

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

work performed; and 

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

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

for return to service. 

(2) Records containing the following information: 

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

each rotor. 

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

rotor, and appliance. 

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

are required to be overhauled on a specified time basis. 

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

last inspection required by the inspection program under which the 

aircraft and its appliances are maintained. 

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

directives including, for each, the method of compliance, the AD or safety 

directive number and revision date. If the AD or safety directive involves 

recurring action, the time and date when the next action is required. 

(vi) Copies of the forms prescribed by§ 43.9(d) of this chapter for each major 

alteration to the airframe and currently installed engines, rotors, 

propellers, and appliances. 

(b) The owner or operator shall retain the following records for the periods 

prescribed: 

DAP Petition for Exemption Page 14 
(1) The records specified in paragraph (a)(1) of this section shall be retained until 

the work is repeated or superseded by other work or for 1 year after the work 

is performed. 

(2) The records specified in paragraph (a)(2) of this section shall be retained and 

transferred with the aircraft at the time the aircraft is sold. 

(3) A list of defects furnished to a registered owner or operator under§ 43.11 of 

this chapter shall be retained until the defects are repaired and the aircraft is 

approved for return to service. 

C. THE EXTENT OF RELIEF DAP SEEKS AND THE REASON DAP SEEKS THE 

RELIEF 

1. EXTENT OF RELIEF DAP SEEKS AND THE REASON DAP SEEKS 

RELIEF FROM SECTION 61.113(a) and (b). 

Relief from Section 61.113(a) and (b) entitled Private pilot privileges and 

limitations: Pilot in command, is requested to the extent necessary to allow a PIC holding a 

FAA airman certificate or in the alternative an unmanned aircraft operator certificate with a 

small UAS rating (like existing pilot aitman certificates) 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, DAP submits that an equivalent level of safety will be 

maintained because no PIC will be allowed to operate the DJI Phantom 2 Vision+ UAS or 

DJI Inspire 1 UAS unless that PIC has met certain flight-hour and currency requirements, 

demonstrating that the PIC is able to safely operate either the DJI Phantom 2 Vision+ or DJI 

Inspire 1 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, DAP submits that all flights of the DJI Phantom 2 Vision+ and DJI Inspire 

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

DAP's business; and (2) will not carry passengers or property for compensation or hire. 

2. EXTENT OF RELIEF DAP SEEKS AND THE REASON DAP SEEKS 

RELIEF FROM SECTION 91.7(a). 

DAP Petition for Exemption Page 15 
Relief from Section 91.7(a) entitled Civil aircraft airworthiness, is requested to the 

extent required to allow DAP to determine that the DJI Phantom 2 Vision+ and DJI Inspire 

1 UASs are in aitworthy condition prior to every flight by ensuring that the UAS is in 

compliance with the operating documents (i.e., the DAP Aerial Operations Manual, Monthly 

Maintenance Log, and DJI Phantom 2 Vision+ and DJI Inspire 1 Instruction Manual). 

DAP seeks the requested relief because the DJI Phantom 2 Vision+ and DJI Inspire 

1 UASs do not require an aitworthiness certificate in accordance with 14 C.F.R. Part 21, 

Subpart H. Therefore, DAP will ensure that the DJI Phantom 2 Vision+ and DJI Inspire 1 

UASs are in aitworthy condition based upon its compliance with the operating documents 

(i.e., Monthly Maintenance Log, and DJI Phantom 2 Vision+ and DJI Inspire 1 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. EXTENT OF RELIEF DAP SEEKS AND THE REASON DAP SEEKS 

RELIEF FROM SECTION 91.121. 

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

flight operations of the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs, which utilize a 

barometric pressure sensor, GPS equipment, and a radio communications telemetry data link 

to downlink altitude information from the UA to the PIC at the ground control station (GCS). 

Since the FAA requires that any altitude information concerning UAS operations be reported 

to air traffic control (ATC) in feet above ground level (AGL), DAP seeks the requested relief 

because the DJI Phantom 2 Vision+ and DJI Inspire 1 UA's altimeter may be set on the 

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

each flight. 

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

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

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

maintained since the DJI Phantom 2 Vision+ and DJI Inspire 1 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 UA on the heads-up display of the GCS. 

4. EXTENT OF RELIEF DAP SEEKS AND THE REASON DAP SEEKS 

RELIEF FROM SECTION 91.15l(b). 

Relief from Section 91.151(b) entitled Fuel requirements tor flight in VFR 

conditions, is requested to the extent required to allow flights of the battery powered DJI 

Phantom 2 Vision+ and DJI Inspire 1 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. DAP seeks the requested relief because without an exemption from 

Section 91.151(b), the flight time duration of the battery powered DJI Phantom 2 Vision+ 

and DJI Inspire 1 UAs will severely constrain the practicality of any aerial video or still 

photo flight operations that DAP proposes to conduct pursuant to this Petition. 

DAP Petition for Exemption Page 16 
Significantly, as set forth below, the technical specifications of the DJI Phantom 2 

Vision+ and DJI Inspire 1 UASs, the DJI Phantom 2 Vision+ and DJI Inspire 1 operating 

documents, and DAP's proposed operating limitations, ensure that DAP will safely operate 

the battery powered DJI Phantom 2 Vision+ and DJI Inspire 1 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 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. 

5. EXTENT OF RELIEF DAP SEEKS AND THE REASON DAP SEEKS 

RELIEF FROM SECTIONS 91.405(a), 91.407(a)(l), 91.409(a)(l) & (a)(2), 

And 91.417(a) & (b). 

Since Sections 91.405(a), 91.407(a)(l), 91.409(a)(l) & (a)(2), and 91.417(a) & (b) only 

apply to aircraft with an airworthiness certificate, DAP requests relief from these Sections 

because the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs do not require airworthiness 

certificates. As set forth more fully below, the DJI Phantom 2 Vision+ and DJI Inspire 1 

UASs meet the conditions ofFMRA Section 333 for operation without an airworthiness 

certificate. Accordingly, DAP 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 DAP Aerial Operations 

Manual, Monthly Maintenance Log, and DJI Phantom 2 Vision+ and DJI Inspire 1 

Instruction Manual). Furthermore, DAP will document and maintain all maintenance 

records for the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs. 

D. REASONS WHY GRANTING DAP'S REQUEST WOULD BE IN THE PUBLIC 

INTEREST. 

Granting the present Petition will further the public interest by allowing DAP to 

safely, efficiently, and economically perform aerial video and photography of construction 

sites, real estate, and landscape over certain areas of the United States. 

Additionally, use of the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs will 

decrease congestion of the NAS, reduce pollution, and provide significant benefits to the 

economy. Notably, the benefits ofDAP's proposed operation of the DJI Phantom 2 Vision+ 

and DJI Inspire 1 UASs will be realized without implicating any privacy issues. 

1. THE PUBLIC WILL BENEFIT FROM DECREASED CONGESTION OF 

THENAS. 

The DJI Phantom 2 Vision+ and DJI Inspire 1 UAs are battery powered and serve as 

a safe, efficient, and economical alternative to the manned aircraft traditionally utilized to 

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

acquisitions, an exemption allowing the use of a DJI Phantom 2 Vision+ or DJI Inspire 1 

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. 

DAP Petition for Exemption Page 17 
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+ and DJI Inspire 1 UAs 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+ AND DJI INSPIRE 1 UASS. 

Conducting aerial acquisitions with the DJI Phantom 2 Vision+ and DJI Inspire 1 

UASs, 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+ and DJI Inspire 1 UASs 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+ 

and DJI Inspire 1 UAs, while reducing the carbon footprint of aerial acquisitions, also 

eliminates noise pollution, as the UAs are propelled by battery powered electric motors, 

rather than an internal combustion engine. 

By using the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs to perform aerial 

acquisitions, the substantial risk to life and property in the air and on the ground, which is 

usually associated with traditional manned aircraft flight operations, will be substantially 

reduced or completely eliminated. Aside from the lack of flight crew members located 

onboard the aircraft, the DJI Phantom 2 Vision+ and DJI Inspire 1 UAs (weighing 

approximately 2 pounds 11 ounces and 6 pounds 7.5 ounces respectively, at their maximum 

gross weights with lengths of 16 inches and 17.3 inches respectively, widths of 16 inches 

and 17.7 inches respectively, 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 OPERATIONS 

WITH THE DJI PHANTOM 2 VISION+ AND DJI INSPIRE 1 UASS WILL 

BENEFIT THE ECONOMY. 

In addition to being safe and efficient, the DJI Phantom 2 Vision+ and DJI Inspire 1 

UASs are also an economical alternative to using manned aircraft to conduct similar aerial 

operations. As such, operation of the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs will 

allow United States based companies, like DAP, to remain competitive and contribute to 

growth of the U.S. economy. Specifically, with the rising cost of aviation fuel and the 

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

fuels, U.S. owned and operated companies must adopt new and alternative technology in 

DAP Petition for Exemption Page 18 
order to remain competitive. Operating the battery powered DJI Phantom 2 Vision+ and DJI 

Inspire 1 UASs is one such technology that not only allows companies greater operational 

flexibility compared to manned aircraft, but provides such flexibility without the high 

operational cost of a traditional manned aircraft. 

By operating the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs, companies such 

as DAP, can remain competitive and profitable, and therefore, provide greater job stability 

to employees and contractors, which will ultimately contribute to growth of the U.S. 

economy. Improved financial performance of U.S. companies, through commercial use of 

the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs, provides a stable workforce that 

increases consumer spending; improves local, state, and federal tax revenues; and allows 

companies to invest in research and development in order to remain competitive both in the 

United States and abroad. 

4. THERE ARE NO PRIVACY ISSUES. 

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

for decades, DAP's proposed operation of the DJI Phantom 2 Vision+ and DJI Inspire 1 

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

DJI Inspire 1 UASs will be operated only in compliance with operating documents (i.e., the 

DAP Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 Vision+ 

and DJI Inspire 1 Instruction Manual) which requires property owner involvement as well 

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

Regulations, including the minimum altitude requirements of 14 C.F .R. § 91.119. 

E. 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 

WIDCH DAP SEEKS EXEMPTION. 

1. REASONS WHY THE DJI PHANTOM 2 VISION+ AND DJI INSPIRE 1 

UAS 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, DAP's operation of the DJI Phantom 2 Vision+ and 

DJI Inspire 1 UASs 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. 

Section 333 provides authority for a UAS to operate without airworthiness 

certification and sets forth requirements for considering whether a UAS will create a hazard 

to users of the NAS or the public, or otherwise pose a threat to national security. Specifically, 

FMRA Section 333 states the following, in part: 

(a) In General.--Notwithstanding any other requirement of this subtitle, and not later 

than 180 days after the date of enactment of this Act, the Secretary of 

Transportation shall determine if certain unmanned aircraft systems may operate 

safely in the national airspace system before completion of the plan and 

DAP Petition for Exemption Page 19 
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 (I). 

(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, DAP submits that the DJI Phantom 2 Vision+ and DJI 

Inspire 1 UASs can operate safely in the NAS pursuant to FMRA Section 333, as 

demonstrated by: (a) the characteristics of the DJI Phantom 2 Vision+ and DJI Inspire 1 

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

a. THE SPECIFICATIONS OF THE DJI PHANTOM 2 VISION+ AND DJI 

INSPIRE 1 UASS DEMONSTRATE ITS SAFE CHARACTERISTICS. 

The DJI Phantom 2 Vision+ and DJI Inspire 1 UASs do 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+ AND DJI INSPIRE 1 UASS. 

The technical specifications ofthe DJI Phantom 2 Vision+ and DJI Inspire 1 UASs 

are set forth by the DJI Phantom 2 Vision+ and DJI Inspire 1 Specifications and Data Sheet, 

attached hereto as Exhibits A and B. 

ii. THE DJI PHANTOM 2 VISION+ AND DJI INSPIRE 1 UASS 

AUTONOMOUS FLIGHT AND NAVIGATION MODES ENABLE 

THE UASS TO REMAIN WITHIN A DEFINED OPERATIONAL 

AREA. 

The DJI Phantom 2 Vision+ and DJI Inspire 1 UASs may be operated in both manual 

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

DAP Petition for Exemption Page 20 
modes of the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs is provided at pages 31-34 of 

the DJI Phantom 2 Vision+ and pages 12-16 and 45-50 of the DJI Inspire 1 User Manuals, 

attached hereto as Exhibit C and D. 

iii. THE DJI PHANTOM 2 VISION+ AND DJI INSPIRE 1 UASS ARE 

DESIGNED FOR AUTOMATIC RETURN TO HOME POINT OR 

HOVER IN THE EVENT OF LOSS OF THE CONTROL LINK OR 

NAVIGATION. 

When the Control Link is lost, the DJI Phantom 2 Vision+ and DJI Inspire 1 UAs 

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

2 Vision+ and DJI Inspire 1 UAs do 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 2 Vision+ UAS 

are set forth at pages 32 - 34 and for the DJI Inspire 1 at pages 13 through 15 of the DJI 

Phantom 2 Vision+ and DJI Inspire 1 User Manuals, attached hereto as Exhibit C and D. 

iv. THE DJI PHANTOM 2 VISION+ AND DJI INSPIRE 1 GCS AND 

ITS OPERATION. 

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

Vision+ and DJI Inspire 1 GCS and flight control software is provided at pages 31 through 

41 of the DJI Phantom 2 Vision+ User Manual and pages 40 through 51 of the DJI Inspire 1 

User Manual. DJI Phantom 2 Vision+ and DJI Inspire 1 User Manuals are attached hereto 

as Exhibits C and D. 

b. FLIGHT OPERATIONS OF DJI PHANTOM 2 VISION+ AND DJI 

INSPIRE 1 UASS ARE LIMITED TO THE LINE OF SIGHT OF A 

CERTIFICATED PILOT IN COMMAND WITH A SAFETY 

OBSERVER. 

DAP will only utilize certificated pilots to act as a pilot in command (PIC) ofthe DJI 

Phantom 2 Vision+ and DJI Inspire 1 UASs. Additionally, a safety observer will assist all 

pilots during flight time. 

c. FLIGHTS OF DJI PHANTOM 2 VISION+ AND DJI INSPIRE 1 UASS 

WILL BE CONDUCTED PURSUANT TO SPECIFIC OPERATING 

LIMITATIONS. 

In seeking this exemption, DAP proposes to commercially operate DJI Phantom 2 

Vision+ and DJI Inspire 1 UASs for the special purpose of conducting aerial video and 

photography over certain areas ofUnited States, pursuant to the following specific operating 

limitations: 

1. Operations authorized by this grant of exemption will be limited to the following 

aircraft described in the operating documents, rotorcraft UASs weighing less than 

55 pounds maximum gross weight: DJI Phantom 2 Vision+ and DJI Inspire 1 

DAP Petition for Exemption Page 21 
Unmanned Aircraft Systems. Proposed operations of any other aircraft will 

require a new petition or a petition to amend this grant. 

2. UAS operations under this exemption will be limited to conducting operations for 

the purpose of aerial video and photography. 

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

4. The UA must be operated at an altitude of no more than 500 feet above ground 

level (AGL), as indicated by the procedures specified in the operating documents 

unless a special request is made and approved by A TC. All altitudes reported to 

ATC must be in feet AGL. 

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

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

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

certificate. 

6. The use of first person view (FPV) by the PIC or safety observer (SO) is not 

permitted. 

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

the VLOS requirement as long as the PIC always maintains VLOS capability. The 

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

messaging or texting is not permitted during flight operations. The PIC must be 

designated before the flight and cannot transfer his or her designation for the 

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

prescribed in the operating documents. 

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

and avoiding other air traffic and other ground based obstacles/obstructions and is 

not permitted to operate the camera or other instruments. 

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

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

discrepancy exists between the conditions and limitations contained in the grant 

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

conditions and limitations contained in the grant of exemption take precedence 

and must be followed. Otherwise, the operator must follow the procedures as 

outlined in its operating documents. The operator may update or revise its 

operating documents. It is the operator's responsibility to track such revisions and 

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

operator must also present updated and revised documents if it petitions for 

extension or amendment to the grant of exemption. If the operator determines that 

any update or revision would affect the basis upon which the FAA granted the 

exemption, then the operator must petition for amendment to its grant of 

exemption. The FAA's UAS Integration Office (AFS-80) may be contacted if 

questions arise regarding updates or revisions to the operating documents. 

DAP Petition for Exemption Page 22 
1 0. Prior to each flight the PIC must inspect the U AS to ensure that it is in a condition 

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

of the UAS, the aircraft is prohibited from operating until the necessary 

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

safe flight. The Ground Control Station must be included in the preflight 

inspection. All maintenance and alterations must be properly documented in the 

aircraft records. 

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

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

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

flight must make an entry in the aircraft records. 

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

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

sections of the operating documents. 

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

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

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

requirements, in accordance with the operating documents. Maintenance, 

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

be noted in the aircraft records, including total time in service, description of 

work accomplished, and the signature of the authorized person returning the UAS 

to service. 

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

Safety Bulletins. 

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

action taken against discrepancies discovered between inspections. 

17. The PIC must possess at least a private pilot certificate and at least a current thirdclass medical certificate. 

18. The operator may not permit any PIC to operate unless the PIC meets the 

operator's qualification criteria and demonstrates the ability to safely operate the 

UAS in a manner consistent with how the UAS will be operated under the 

exemption, including evasive and emergency maneuvers and maintaining 

appropriate distances from persons, vessels, vehicles and structures. PIC 

qualification flight hours must be logged in a manner consistent with 14 C.F.R. 

§ 61.51(b). Flights for the purposes of training the operator's PICs are permitted 

under the terms of the exemption. However, training operations may only be 

conducted during dedicated training sessions. During training, proficiency, and 

experience-building flights, all persons not essential for flight operations are 

DAP Petition for Exemption Page 23 
considered nonparticipants, and the PIC must operate the UA with appropriate 

distance from nonparticipants in accordance with 14 C.F.R. § 91.119. 

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

1.1. All operations must be conducted under visual meteorological conditions 

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

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

rules (SVFR) are not authorized. 

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

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

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

conducted in accordance with a NO TAM as required by the operator's COA. The 

letter of agreement with the airport management must be made available to the 

Administrator upon request. 

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

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

PIC. 

22. If the UA loses communications or loses its GPS signal, it must return to a predetermined 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 ofunpredicted obstacles or emergencies 

in accordance with the operating documents. 

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

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

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

remaining. 

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

of Waiver or Authorization (COA) prior to conducting any operations under the 

grant of exemption. This COA will also require the operator to request a Notice 

to Airman (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 A TO issued COA including class of airspace, 

altitude level and potential transponder requirements. 

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

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

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

Subpart C. Markings must be as large as practicable. 

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

and control of the UA must comply with the Federal Communications 

DAP Petition for Exemption Page 24 
Commission (FCC) or other appropriate government oversight agency 

requirements. 

28. The documents required fewer than 14 C.P.R. 91.9 and 91.203 must be available 

to the PIC at the Ground Control Station of the UAS any time the UAS is 

operating. These documents must be made available to the Administrator or any 

law enforcement official upon request. 

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

operations and activities at all times. 

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

31. 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). 

32. 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. 

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

boundaries of the operational area as defined by the applicable COA must be 

reported to the FAA's UAS Integration Office (AFS-80) within 24 hours. 

Accidents must be reported to the National Transportation Safety Board (NTSB) 

per instructions contained on the NTSB Web site: www.ntsb.gov. 

2. REASONS WHY AN EXEMPTION FROM THE REQUIREMENTS OF 

SECTION 61.113(a) AND (b) WOULD NOT ADVERSELY AFFECT 

SAFETY. 

DAP Petition for Exemption Page 25 
DAP submits that the equivalent level of safety established by Section 61.113(a) and 

(b) will be maintained because no PIC will be allowed to operate the DJI Phantom 2 Vision+ 

and DJI Inspire 1 UASs unless that PIC has demonstrated, by meeting minimum flight-hour 

and currency requirements, that the PIC is able to safely operate the DJI Phantom 2 Vision+ 

or DJI Inspire 1 UAS in a manner consistent with the exemption, including evasive and 

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

and structures. 

Considering DAP's proposed area of operations, and the airmanship skills necessary 

to safely operate the DJI Phantom 2 Vision+ or DJI Inspire 1 UAS, DAP submits that the 

additional manned airmanship experience of a certificated pilot would not correlate to the 

airmanship skills necessary for DAP's specific proposed flight operations. 

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

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

Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 

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

DAP will not allow any PIC to operate the DJI Phantom 2 Vision+ or DJI Inspire 1 

UAS unless that PIC has demonstrated, by meeting minimum flight-hour requirements or 

the DJI Phantom 2 Vision+ or DJI Inspire 1 UAS training and currency requirements, that 

the PIC is able to safely operate the DJI Phantom 2 Vision+ or DJI Inspire 1 UAS in a manner 

consistent with this exemption, including evasive and emergency maneuvers and 

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

Specifically, the PIC must have accumulated and logged, in a manner consistent with 

14 C.P.R.§ 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of5 

hours of those hours as a UAS pilot operating the same make and model ofUAS to be used 

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

accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes). 

As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience 

that was obtained in compliance with applicable regulations will ensure an equivalent level 

of safety during DAP's proposed operations. The Administrator has held that prior 

documented flight experience that was obtained in compliance with applicable regulations 

would ensure safe operations, stating as follows: 

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

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

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

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

with a multi-rotor UAS. Prior to operations under Exemption No. 11062, the PIC 

must also have accumulated and logged a minimum of 5 hours as a UAS pilot 

operating the same make and model of UAS to be used for operations under the 

exemption. For clarification, the FAA considers these minimum hour requirements 

to be inclusive rather than additive; i.e. 5 hours make and model time may be 

included in the 10 hours of multi-rotor time and the 1 0 hours may be included in the 

DAP Petition for Exemption Page 26 
total25 hours ofUAS rotorcraft time. In addition to the hour requirements, the PIC 

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

purposes). The FAA finds that at a minimum, the flight-hour requirements in 

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

necessary to safely conduct the petitioner's proposed operations. The FAA also finds 

that prior documented flight experience that was obtained in compliance with 

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

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

accomplish the required flight time. During training, proficiency, and experiencebuilding flights the PIC is required to operate the UA with appropriate distances in 

accordance with 14 C.F.R 91.119. 

Exemption No. 11138 at page 15. 

Accordingly, DAP will ensure sate operations by not allowing any PIC to operate 

the DJI Phantom 2 Vision+ or DJI Inspire 1 UAS unless that PIC has demonstrated, by 

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

operate the DJI Phantom 2 Vision+ or DJI Inspire 1 UAS in a manner consistent with the 

exemption, including evasive and emergency maneuvers and maintaining appropriate 

distances from people, vessels, vehicles and structures. 

3. REASONS WHY AN EXEMPTION FROM THE REQUIREMENTS OF 

SECTION 91. 7(A) WOULD NOT ADVERSELY AFFECT SAFETY. 

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

because prior to every flight, DAP will ensure that the DJI Phantom 2 Vision+ or DJI Inspire 

1 UAS is in an airworthy condition based upon the UAS's compliance with its operating 

documents and as stated in the conditions and limitations herein. 

Additionally, the FAA has previously granted relief from Section 91.7(a) specific to 

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

Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 

11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). 

4. REASONS WHY AN EXEMPTION FROM THE REQUIREMENTS OF 

SECTION 91.121 WOULD NOT ADVERSELY AFFECT SAFETY. 

The equivalent level of safety established by Section 91.121 will be maintained 

because the altitude information of the DJI Phantom 2 Vision+ and DJI Inspire 1 UAs will 

be provided to the PIC via GPS equipment and a radio communications telemetry data link, 

which downlinks from the UA to the GCS for active monitoring of the flight path and 

altitude. This altitude information, combined with DAP's operation of the DJI Phantom 2 

Vision+ and DJI Inspire 1 UAs within visual line of sight, at or below 500 feet AGL, will 

ensure a level of safety equivalent to Section 91.121. The altitude information will be 

generated by GPS equipment installed onboard the aircraft. Prior to each flight, a zero 

altitude initiation point is automatically established by the UASs at ground level. 

DAP Petition for Exemption Page 27 
The FAA has previously granted relief from Section 91.121 specific to UAS, in 

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

Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 

11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). 

5. REASONS WHY AN EXEMPTION FROM THE REQUIREMENTS OF 

SECTION 91.151(B) WOULD NOT ADVERSELY AFFECT SAFETY. 

A grant of this exemption would ensure an equivalent level of safety established by 

14 C.F.R. Section 91.151(b) as a result of(l) the technical specifications of the DJI Phantom 

2 Vision+ and DJI Inspire 1 UASs; (2) the limitations on the proposed flight operations; and 

(3) the location of the proposed flight operations. Accordingly, DAP will ensure that it will 

safely operate the battery powered DJI Phantom 2 Vision+ and DJI Inspire 1 UAs during 

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

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

fly after that for at least 4.5 minutes. 

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

Vision+ and DJI Inspire 1 UASs; the limitations on the proposed flight operations; and the 

location of the proposed operations, will ensure an equivalent level of safety established by 

14 C.F .R. Section 91.151 (b). Furthermore, safety will be ensured as the DJI Phantom 2 

Vision+ and DJI Inspire 1 UASs provide audible and visual warnings to the PIC at the GCS 

when the UAs experiences low battery voltage, the first warning occurring at approximately 

33% remaining battery power, and again at approximately 10% remaining battery power. At 

the critically low battery level, the DJI Phantom Vision+ and DJI Inspire 1 UASs will 

descend and land automatically. 

Significantly, previous exemptions granted by the FAA concerning Section 91.151 

establish that safety is not adversely affected when the technical characteristics and operating 

limitations ofthe UAS are considered. Reliefhas been granted for manned aircraft to operate 

at less than the minimums prescribed in Section 91.151, including Exemption Nos. 2689, 

5745, and 10650. Moreover, the FAA has previously granted relief from Section 91.151 

specific to UAS, in circumstances similar, in all material respects, to those presented herein 

(e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 

11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 

11160, 11161). 

6. REASONS WHY AN EXEMPTION FROM THE REQUIREMENTS OF 

SECTIONS 91.405(a), 91.407(a)(l), 91.409(a)(l) & (a)(2), And 91.417(a) and 

(b) WOULD NOT ADVERSELY AFFECT SAFETY. 

In seeking this exemption, DAP submits that the equivalent level of safety with 

regard to the regulatory maintenance and alteration requirements established by Sections 

91.405(a), 91.407(a){1), 91.409(a)(l) & (a)(2), and 91.417(a) & (b) will be met because DAP 

will use trained technicians to perform maintenance, alterations, or preventive maintenance 

on the U ASs using the methods, techniques, and practices prescribed in the operating 

documents (i.e., the DAP Aerial Operations Manual, Monthly Maintenance Log, and DJI 

DAP Petition for Exemption Page 28 
Phantom 2 Vision+ and DJI Inspire 1 Instruction Manual). Furthermore, DAP will document 

and maintain all maintenance records for the DJI Phantom 2 Vision+ and DJI Inspire 1 

UASs. 

Since the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs will be inspected as 

prescribed by the operating documents, DAP will maintain the equivalent level of safety 

established by Sections 91.405(a), 91.409(a)(l), and 91.409(a)(2). A copy of the DJI 

Phantom 2 Vision+ and DJI Inspire 1 User Manuals are attached hereto as Exhibit C and D; 

a copy of the DJI Phantom 2 Vision+ and DJI Inspire 1 UAS Maintenance LOG is attached 

hereto as Exhibit E. 

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

use trained technicians to perform maintenance, alterations or preventive maintenance on 

the UAS using the methods, techniques, and practices prescribed by the operating 

documents. 

Furthermore, the exemption sought would maintain an equivalent level of safety 

established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance ofthe DJI 

Phantom 2 Vision+ and DJI Inspire 1 UASs will be performed by trained technicians. 

Maintenance will be documented and maintained utilizing the monthly maintenance log. 

Significantly, previous exemptions granted by the FAA concerning Sections 

91.405(a), 91.407(a)(l), 91.409(a)(l) & (a)(2), and 91.417(a) & (b) establish that safety is 

not adversely affected when the technical characteristics and operating limitations of the 

UAS are considered. 

In consideration ofDAP's proposed operating limitations, the operating documents, 

and the technical aspects of the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs, DAP 

submits that safety will not be adversely affected by granting exemption from 14 C.F.R. 

Sections 91.405(a), 91.407(a)(l) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA 

has previously granted relief specific to UAS in circumstances similar, in all material 

respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 

11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 

11158,11159,11160, 11161). 

7. THE FAA MAY PRESCRIBE ANY OTHER CONDITIONS FOR SAFE 

OPERATION. 

In accordance with Section 333 of the FAA Modernization and Reform Act of2012 

(FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, DAP requests that the FAA 

prescribe special conditions for the intended operation of the DJI Phantom 2 Vision+ and 

DJI Inspire 1 UASs, which contain such safety standards that the Administrator finds 

necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21 , 

Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 

91.407(a)(l), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions will permit 

safe operation of the UAs for the limited purpose of conducting aerial video and photography 

DAP Petition for Exemption Page 29 
over certain areas of the United States for compensation or hire. FMRA Section 333 sets 

forth the requirements for considering whether a UAS will create a hazard to users of the 

NAS or the public, or otherwise pose a threat to national security; and further, provides the 

authority for such UAS to operate without airworthiness certification in accordance with any 

requirements that must be established for the safe operation of the UAS in the NAS. 

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

§ 21.16, for operation of the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs, since the 

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

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

Special Conditions, states the following: 

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

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

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

propeller, he prescribes special conditions and amendments thereto for the product. 

The special conditions are issued in accordance with Part 11 of this chapter and 

contain such safety standards for the aircraft, aircraft engine or propeller as the FAA 

finds necessary to establish a level of safety equivalent to that established in the 

regulations. 

See 14 C.F.R. § 21.16. 

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

may prescribe special conditions for DAP's intended operation of the DJI Phantom 2 

Vision+ and DJI Inspire 1 UASs, which contain such safety standards that the Administrator 

finds necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 

21, Subpart H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 

91.407(a)(l), 91.409(a)(l) & (a)(2), and 91.417(a) & (b). 

F. A SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER, 

STATING: THE RULES FROM WHICH DAP SEEKS EXEMPTION: 

DAP seeks exemption from the requirements of 14 C.F.R Sections 61.113(a)&(b), 

alternatively 14 C.F.R Section 61.113, and 91. 7(a), 91.121, 91.151(b), 91.405(a), 

91.407(a)(l), 91.409(a)(l) & (a)(2), and 91.417(a) & (b). 

A BRIEF DESCRIPTION OF THE NATURE OF THE EXEMPTION DAP 

SEEKS: 

This exemption will permit DAP to commercially operate an Unmanned Aircraft 

System (UAS) for the purpose of conducting aerial video and photography over 

allowed areas of the United States. 

G. ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE 

TO SUPPORT DAP'S REQUEST. 

DAP Petition for Exemption Page 30 
This Petition is made pursuant to the FAA Modernization and Reform Act of2012 

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

UAS may operate safely in the NAS. As such, DAP's request for exemption may be granted 

pursuant to the authority ofFMRA Section 333 and 14 C.P.R. Part 11, as set forth above. 

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

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

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

certification. 

As discussed in detail above, DAP will operate the DJI Phantom 2 Vision+ and DJI 

Inspire 1 UASs safely in the NAS, without creating a hazard to users of the NAS, or the 

public, or otherwise pose a threat to national security. 

CONCLUSION 

As set forth herein, DAP seeks an exemption pursuant to 14 C.P.R. § 11.61 and 

Section 333 of the FAA Modernization and Reform Act of2012 (FMRA), which will permit 

safe operation of the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs 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 DAP to 

safely, efficiently, and economically operate the DJI Phantom 2 Vision+ and DJI Inspire 1 

UASs commercially within the NAS. 

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

Modernization and Reform Act of 2012, Section 333, DAP respectfully requests that the 

Administrator grant this Petition for an exemption from the requirements of 14 C.F.R 

Sections 61.113(a) & (b) or alternatively 14 C.F.R Sections 61.113, 91.7(a), 91.121, 

91.151(b), 91.405(a), 91.407(a)(l), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit 

DAP to operate the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs commercially for the 

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

Dated: Apri116, 2015 

DAP Petition for Exemption Page 31 

Respectfully submitted by: 

or~ w a_ ({ ~(1 Drew Farrington 

@~, DAP 

2370 130th Avenue NE, #103 

Bellevue, Washington 98005