WANTMAN GROUP, INC. ‐ SECTION 333 EXEMPTION REQUEST Page 1 of 3

June 5, 2015

U.S. Dept. of Transportation, Docket Operations

West Building Ground Floor, Room w12‐140

1200 New Jersey Avenue, SE.,   

Washington, DC 20590   

Submitted Electronically via the Federal Docket Management System (FDMS)  

Re: Exemption Request under Section 333 of the FAA Reform Act and Part 11 of the Federal

Aviation Regulations

Dear Sir or Madam:

On Behalf of the Wantman Group, Inc., and Pursuant to Section 333 of the FAA Modernization and

Reform Act of 2012 and 14 C.F.R. Part 11, I Robin Petzold, Senior Vice President am seeking an

exemption from Part 21 Subpart H; and Sections 91.203 (a) (1), 45.23 (b), 91.7 (a), 91.9, 61.113, 61.133,

91.109, 91.119, 91.121, 91.151, and (91.401 ‐ 91.417) Subpart E, of Title 14, Code of Federal Regulations

(14 CFR). This proposed exemption would allow for the operation of our unmanned aircraft (UA) the DJI

Phantom, DJI Phantom 2 Vision + and the DJI S900  

THE UNMANNED AIRCRAFT (UA):

x The UA’s are lightweight (under 55lb. gross weight), battery operated multi Rotor copters that

take off and land vertically and have the ability to hover in one location during flight.   

THE UA INCLUDES:

  

x An on‐board flight computer with GPS navigation and location ability that receives signals for

flight controls from a ground‐based transmitter/controller;

x An on‐board camera capable of capturing imagery in the form of full color, high definition still

photos and video

x An on‐board telemetry system that delivers flight data from the on‐board flight computer to the

on‐board radio transmitter including altitude AGL, horizontal and vertical speed, compass

direction of flight and direction back to its launch site

x A 5.8GHz on‐board radio transmitter that transmits live video from the on‐board camera plus all

the flight data from the telemetry system described above

THE GROUND STATION PART OF THE SYSTEM:

x A Pilot in Command (PIC) In operational control of a mission from beginning to end, and who

controls the UA while in the air

x A 2.4GHz radio transmitter/controller operated by the PIC to control the UA while in flight  

x Ground Station (computer, tablet for smart phone based app) which receives and displays video

and system telemetry real time from the UA

x A Visual Observer (VO), a person who provides a second pair of eyes to visually track the UA

while in flight.  

   
WANTMAN GROUP, INC. ‐ SECTION 333 EXEMPTION REQUEST Page 2 of 3

PILOT IN COMMAND (PIC) AND VISUAL OBSERVER:

The PIC and VO will meet the requirements outlined in FAA Policy N 8900.227 Section 16 personnel

Qualifications. Additionally, the PIC and VO will perform maintenance on the system and will complete a

course of maintenance instruction as part of their initial training.

I submit that the combination of the UA’s light weight, flight performance and ability, fully qualified

flight crew and strict operation under the guidelines established in 8900.227, and under all of the

Restrictions listed above, the FAA can have full confidence that the operation will have an equivalent or

greater level of safety than manned aircraft performing the same mission.

INTENDED USE:  

The requested exemption would allow us to use the UA for aerial image acquisition to support various

mapping and surveying applications as well as video documentation for the public good. Typical

applications would include, but are not limited to:  

x Videography/Film‐making  

x Aerial Photography

x Aerial Mapping

x Volumetric Surveys

x Transportation Mapping Survey  

x Corridor Mapping Surveys  

The inherent ability of the UA is to capture imagery from a low altitude including oblique photos and

video from several angles is far more effective than ground‐  based imagery for displaying the

characteristics of buildings, sites and properties or areas where consistent monitoring is needed. The

applicant in the past has chartered fixed wing aircraft and/or helicopters for this purpose, which have

proven more costly than many potential clients have been able to afford, resulting loss of opportunities.

The reduced cost and higher quality data from the UA will be beneficial to the public in applications such

as preservation of historic buildings or archeological sites where access is limited and project sites

potentially sensitive to disruption.  

PUBLIC SAFETY:  

UA’s, are powered by batteries, they are smaller, lighter and more maneuverable than larger aircraft

running on combustible fuel; they operate at lower altitudes (under 400’) with no people on board

thereby reducing current risk levels and enhancing public safety. With a small payload and maximum

flight time of approximately 22 minutes, UA’s offer little or no risk to national security. In addition the  

DJI UA’s have their own built in flight restrictions in special areas such as airports, which limit flight in

these areas. More information can be found in the UA’s User Manual or on DJI’s website at

https://www.dji.com/fly‐safe.  

SUMMARY GRANT REQUEST:

This request follows many others using similar systems and process that have been granted previously. I

am requesting the FAA issue a summary grant of exemption as this request would not set a precedent.  
WANTMAN GROUP, INC. ‐ SECTION 333 EXEMPTION REQUEST Page 3 of 3

x The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 11213

also apply to this request

x A grant of exemption would be in the public interest.

THE REGULATIONS FROM WHICH THE EXEMPTIONS ARE BEING REQUESTED

Beside each regulation number is the page of the attached Addendum upon which each may be found

together with a proposed equivalent level of safety for each regulation:  

‐ 14 CFR Part 21 Subpart H Addendum Page 1

‐ 14 CFR 91.203 (a) (1) Addendum Page 1

‐ 14 CFR 45.23 (b) Addendum Page 1

‐ 14 CFR 91.7 (a) Addendum Page 2

‐ 14 CFR 91.9 Addendum Page 2

‐ 14 CFR 61.113, 61.133 Addendum Page 2

‐ 14 CFR 91.109, 91.119, 91.121 Addendum Page 3

‐ 14 CFR 91.151 Addendum Page 3

‐ 14 CFR Subpart E (91.401 ‐ 91.417) Addendum Page 4

‐ FAA Policy 8900.227 Paragraph 16(c)(4) and Paragraph 16(e)(1) Addendum Page 4

I am prepared to modify or amend any part of this request to satisfy the need for an equivalent level of

safety. Please contact us at any time if you require additional information or clarification. I am the

primary point of contact for this request and look forward to working with your office.

Sincerely, 

Robin Petzold

Senior Vice President  

Wantman Group, Inc.  

Phone: 561‐687‐2260

Email:robin.petzold@wantmangroup.com

Addendum Containing Exemption Requests and Equivalent Level of Safety

Appendix A – Flight Operations/Procedures

Appendix B – User’s Manuals  

   
WANTMAN GROUP, INC. ‐ EXEMPTION REQUEST AND LEVEL OF SAFETY Page 1 of 4

ADDENDUM

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

I, Robin Petzold, Senior Vice President of the Wantman Group, Inc., request an exemption from the

following regulations as well as any additional regulations that may technically apply to the

operations of the DJI Phantom, DJI Phantom 2 Vision + and the DJI S900:

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

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance

of airworthiness certificates as required by FAR 91.203( a) (1).  

Given the size and limited operating area associated with the UA to be utilized by the Petitioner, an

exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part

11 and Section 333 of the FMRA. The Federal Aviation Act (49 U.S.C.44701 (f)) and Section 333 of the

FMRA both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate,

upon consideration of the size, weight, speed, operational capability, and proximity to airports and

populated areas of the particular UA. In all cases, an analysis of these criteria demonstrates that the UA

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

proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft)

operating with an airworthiness certificate without the restrictions and conditions proposed. The UA to

be operated hereunder is less than 55 lbs. fully loaded, is by definition unmanned and carries neither a

pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively

within a limited flight area. Unlike other civil aircraft, operations under this exemption will be tightly

controlled and monitored by the Operator and will also remain within the requirements of, and in

compliance with, local public safety requirements. These safety enhancements, which already apply to

civil aircraft provide a greater degree of safety to the public and property owners than conventional

operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly,

application of these same criteria demonstrates that there is no credible threat to national security

posed by the UA due to its size, speed of operation, location of operation, lack of explosive materials or

flammable liquid fuels, and inability to carry a substantial external load.

14 C.F.R.  45.23 (b). Marking of the Aircraft

The regulation requires; When marks include only the Roman capital letter "N" and the registration

number is displayed on limited, restricted or light‐sport category aircraft or experimental or

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

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

words "limited," "restricted," "light‐sport," "experimental," or "provisional," as applicable.  

Even though the UA will have no airworthiness certificate, an exemption may be needed as the UA will

have no entrance to the cabin, cockpit or pilot station on which the word "Experimental" can be placed.

Given the size of the UA, two‐inch lettering will be impossible. The word "Experimental" will be placed

on the fuselage in compliance with 45.29 (f). The equivalent level of safety will be provided by having
WANTMAN GROUP, INC. ‐ EXEMPTION REQUEST AND LEVEL OF SAFETY Page 2 of 4

the UA marked on its fuselage as required by 45.29 (f) where the pilot, observer and others working

with the UA will see the identification of the UA as "Experimental."  

The FAA has issued the following exemptions to this regulation to Exemptions Nos. 10700, 8738, 10167

and 10167 A.

14 C.F.R. 91.7(a): Civil aircraft airworthiness.

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

As there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no

FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft and the

requirements contained herein for the use of safety check lists prior to each flight, an equivalent level of

safety will be provided.

14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements.

This regulation provides that no person may operate an aircraft unless a current, approved flight

manual is in the aircraft.  We assume that the intent of this requirement is to ensure that flight manual

information is available to the aircrew while operating the aircraft. We request an exemption to this

requirement since the aircraft is not only too small to carry documentation; the documentation would

not be available to the crew during flight operations.

To obtain an equivalent level of safety and meet the intent of 91.9, we propose that a current,

approved UA Flight Operations/Procedures (Appendix A) must be available to the crew at the ground

station anytime the aircraft is in, or preparing for, flight.  

The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738,

9299, 9299A, 9565, 95658, 10167, 10167A, 10602, 32827, and 10700.

14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 61.133 Commercial pilot

privileges and limitations.

The regulation provides that no person that holds a private pilot certificate may act as pilot in

command of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act as pilot

in command 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.  

Our proposed operations require that the PIC must either

1. Hold a Private or Sport Pilot Certificate issued by the FAA, and have logged 10 hours of flight

experience in this type of UA, or

2.    Meet the requirements of 8900.227 para 16(c)(2)(c) "Operations without a pilot certificate" in

which the PIC is required to complete "FAA private pilot ground instruction" and pass "the

FAA Private Pilot written examination." Since there are currently no means available for the

pilot of a UA to gain the experience in an equivalent category and class in order to apply for a

private pilot's license, we propose to generate an equivalent level of safety by requiring our
WANTMAN GROUP, INC. ‐ EXEMPTION REQUEST AND LEVEL OF SAFETY Page 3 of 4

pilots to complete, at a minimum, FAA private pilot ground instruction and pass the FAA

Private Pilot written examination in addition to completing the private pilot requirements.  

Since the aircraft cannot carry passengers or property, we feel that we meet the intent of

61.113 Subparagraph (b) even though the intent of this application is to conduct a business.

14 CFR 91.109 Flight Instruction; Simulated instrument flight and certain flight tests  

The regulation states that "No person may operate a civil aircraft that is being used for flight

instruction unless that aircraft has fully functioning dual controls."

The UA’s ground‐based control station consists of a small hand‐held radio transmitter and while it does

not offer a second set of "controls", both the student and instructor can, and will, operate the single set

of controls simultaneously.   With both student and instructor having "hands‐on" the controls during

flight, we feel that this technique meets the intent 91.109 and provides an equivalent level of safety.

14 CFR 91.119 Minimum safe altitudes: General.

The regulation states that over sparsely populated areas the aircraft cannot be operated closer than

500 feet to any person, vessel, vehicle, or structure.  Since the aircraft will be operating at a maximum

of 400 feet AGL, we cannot comply with this requirement.

In order to provide an equivalent level of safety The UA’s will not be operated over congested areas or

over any open air assembly of persons with prior approval. Any property owner affected will be briefed

on the expected route of flight and the associated risks to persons and property on the ground. The

aircraft will be operated at a low altitude allowing, if a power unit fails, an emergency landing without

undue hazard to persons or property on the surface. Therefore we maintain that due to the small size

of the UA, the hazard to persons, vehicles and structures is minimal compared to manned aircraft,

which should be considered in granting the exemption.

14 CFR 91.121 Altimeter Settings.

The regulation requires that aircraft shall maintain cruising altitudes by reference to an altimeter

setting available within 100 NM of the aircraft.

The UA will always fly below 400 feet AGL and will not need to maintain cruising altitudes in order to

prevent conflict with other aircraft. An Above Ground Level altimeter measurement above the takeoff

point is transmitted via radio from the UA’S on‐board computer to the display screen held by the PIC,

providing a constantly updated AGL readout.

14 CFR 91.151 Fuel requirements for flight in VFR conditions.

The regulation provides that no person may begin a flight in an airplane under day‐VFR conditions

unless there is enough fuel to fly to the first point of intended landing and to fly after that for at least

30 minutes.

The intention of this paragraph is to provide an energy reserve as a safety buffer for delays to landing.

Each UA is battery operated and the maximum duration of flight from a single battery charge is 18

minutes with a 20% reserve. Since the aircraft will never fly more than 3/4NM from the point of
WANTMAN GROUP, INC. ‐ EXEMPTION REQUEST AND LEVEL OF SAFETY Page 4 of 4

intended landing, a full battery charge at launch will ensure that we meet the reserve energy

requirement of this paragraph. We request an exemption to the word "fuel" and ask for an equivalent

interpretation with the word "energy".

14 CFR Subpart E (91.401 ‐ 91.417) ‐ Maintenance, Preventive Maintenance, Alterations  

The regulation provides that the operator is primarily responsible for maintaining the aircraft in an

airworthy condition, including compliance with part 39 and 43.  Paragraphs 91.407 and

91.409 require that the aircraft be "approved for return to service by a person authorized under

43.7" after maintenance and inspection.

It is our intention that the PIC perform maintenance and inspection of the aircraft and "be authorized to

approve the aircraft for return to service."  As provided in the Pre‐Flight Checklist in Appendix A, the PIC

will ensure that the aircraft is in an airworthy condition prior to every flight and in addition conduct

detailed inspections after every two hours of flight. Maintenance performed by the PIC is limited to

repairing small cracks, replacing a propeller, checking electrical connections and updating software and

firmware for the on‐board computer. All other maintenance will be performed by the manufacturer or

their designated repair facility. The PIC will document work performed in accordance with 91.417.  We

feel that due to the size, construction, and simplicity of the aircraft, the PIC can ensure an equivalent

level of safety.

8900.227 Paragraph 16(c)(4) PIC Medical. And Paragraph 16(e)(1) Observer Medical.  

This policy provides that both the PIC and VO must have a valid FAA second‐class medical certificate

issued under part 67 in order to perform as a pilot or observer.

The UA’s maximum gross weight are each less than 8lbs., are constructed primarily of, plastic and

carbon fiber. The PIC is not on board. Both the PIC and the VO are required to be in VLOS. Given the

unlikely event that both the PIC and VO become medically incapacitated while the aircraft is in flight,

the UA will return autonomously to the site of launching and land without crew intervention. Therefore,

requiring the PIC and VO to meet the same medical requirements as commercial pilot carrying

passengers in a large aircraft is an unnecessary burden.

We propose that the minimum medical requirements for the PIC and VO be vision corrected to

20/20 and a valid, state issued driver's license. The 20/20 vision requirement will ensure that the PIC

and VO n see and avoid air traffic; a licensed driver is medically qualified to operate a much larger

vehicle.  
WANTMAN GROUP, INC. – APPENDIX A – FLIGHT OPERATIONS AND PROCEDURES

APPENDIX A – FLIGHT OPERATIONS/PROCEDURES

The UA’s will be operated under the following flight restrictions.  

OPERATIONAL FLIGHT RESTRICTIONS

The UA will be operated in the field with both a PIC and a VO in accordance with and with the following

Restrictions:

x All operations must occur in FAA Class G airspace at no more than 400 ft AGL, at an airspeed of

no more than 25 knots and no further than 3/4 NM from the PIC;

x All operations must utilize a visual observer (VO). The VO and PIC must be able to communicate

by voice at all times during a flight operation;

x The PIC must have accumulated and logged, in a manner consistent with 14 CFR §

x 61.51 (b), 10 hours of total time as a UA rotorcraft pilot and at least 5 hours logged as a UA pilot

with a similar UA type;

x The UA will not be operated over densely populated areas; without prior approval.

x The UA will not be operated over any open‐air assembly of people; without prior approval.  

x The UA will not be operated within 5 NM of an airport or heliport; without prior approval.  

x Operations will be restricted to day only and weather conditions equivalent to VFR;  

x The PIC will brief the VO and property owner about the operation and risk before operation

x No flight will be made without a Pre‐Flight Inspection by the PIC before each operation to

ascertain that the UA is in a condition safe for flight

PRE‐FLIGHT CHECKLIST

Prior to operation preflight checklists provided by the manufacturer of the UA’s will be followed. Below

is such an example.  

1. Remote Controller, smart battery, Range Extender and smartphone are fully charged.

2. Propellers are mounted correctly.

3. Damping absorbers are in good condition, not broken or worn.

4. Camera lens cap has been removed.

5. Micro‐SD card has been inserted if necessary.

6. Gimbal is functioning as normal.

7. Motors can start and are functioning as normal.

8. Smart phone App can connect to the camera.  

   
WANTMAN GROUP, INC. – APPENDIX A – FLIGHT OPERATIONS AND PROCEDURES

TAKE OFF/LANDING PROCEDURES  

Manufacturer recommended Takeoff and Landing procedures will be followed.

Place the UA on ground with the battery level indicator facing you.

1. Power on the remote controller.

2. Power on the range extender.

3. Switch the camera to the “WIFI ON” position.

4. Power on the aircraft by turning on the intelligent battery

5. Connect the mobile device to the UA, run the Smart phone App to enter the camera preview

page.

6. Wait until the LED flight indicator starts to slowly blink green/yellow. This means the aircraft is

initializing and entering the “Ready to Fly”/“Ready to Fly (non‐GPS).” state. Then proceed to

execute the CSC command to start motors.

7. Push the throttle stick up slowly to lift the aircraft off the ground.  

8. When landing, be sure to be hovering over a level surface. Pull down on the throttle stick

gently to descend and land.

9. After landing the aircraft on the ground, keep the throttle stick at its lowest position for

about 3 to 5 seconds which will automatically stop the motors.

FAILSAFE FUNCTION

The UA will enter Failsafe mode when the connection from the remote controller is lost. The flight

control system will automatically control the aircraft to return to home and land to reduce injuries or

damage. The following situations would make the aircraft fail to receive a signal from the remote

controller and enter Failsafe mode:

1. The remote controller is powered off.

2. The aircraft has flown out of the effective communication range of the remote controller.

3. There is an obstacle obstructing the signal between the remote controller and the   aircraft,

essentially reducing the distance the signal can travel.

4. There is interference causing a signal problem with the remote controller.

   
WANTMAN GROUP, INC.  – APPENDIX B – User’s Manuals

APPENDIX B – USER’S MANUALS DJI PHANTOM, DJI PHANTOM 2 VISION +, DJI S900  

Users Manuals for each of these systems can be downloaded here.  

The Wantman Group, Inc., keeps a copy with each UA.  

http://www.dji.com/product/phantom/download

http://www.dji.com/product/phantom‐2‐vision‐plus/download

http://www.dji.com/product/spreading‐wings‐s900/download

Upon request these will be provided