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Bird’s	Eye	View

Real	Estate	Photography	Company

961	Alta	Vista	Dr.

Craig,	CO	81625

Tel.	970-629-8890

cpcleverly@gmail.com

U.S	Department	Of	Transportation																																4	May	2015

Docket	Management	System

1200	New	Jersey	Ave	S.E.

Washington	D.C.	20590

Re:	Request	for	Exemption	under	Section	333	of	the	FAA	Modernization	and	Reform	Act	of	2012	and	Part	

11	of	the	Federal	Aviation	Regulations	from	14	C.F.R	21(h);	14	C.F.R.	43.7;	14	C.F.R.	43.11;	14	C.F.R.	45.11;	

14	C.F.R.	45.27;	14	C.F.R.	45.29;	14	C.F.R.	91.7(a);	14	C.F.R.	91.9(b)(2);	14	C.F.R.	91.9(c);	14	C.F.R.	

91.103(b)(2);	14	C.F.R.	91.105;	14	C.F.R.	91.113(b);	14	C.F.R.	91.119(b)	and	(c);	14	C.F.R.	121;	14	C.F.R.	

91.151;	14	C.F.R.	91.203(a)	and	(b);	14	C.F.R.	215;	14	C.F.R.	91.403;	14	C.F.R.	405	(a)	and	(b);	14	C.F.R.	

91.407;	14	C.F.R.	409;	and	14	C.F.R.	91.417.	
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To	whom	it	may	concern:	

Pursuant	to	Section	333	of	the	FAA	Modernization	and	Reform	Act	of	2012	(the	Reform	Act)	and	14	C.F.R.	

Part	11,	Bird’s	Eye	View	Photography	(BEV),	an	operator	of	Small	Unmanned	Aircraft	Systems	equipped	

to	film	and	photograph	real	estate	in	rural	areas	in	the	state	of	Colorado and	surrounding	areas,	applies	

for	an	exemption	from	the	listed	Federal	Aviation	Regulations	to	allow	commercial	operation	of	its	UAS,	

so	long	as	such	operations	are	conducted	within	and	under	the	conditions	outlined	or	as	may	be	

established	by	the	FAA	as	required	by	Section	333.	

Approval	of	exemptions	for	BEV	will	allow	commercial	operations	of	UAS	in	rural,	remote,	low	density	

areas	in	the	state	of	Colorado	and	surrounding	areas,	for	the	purpose	of	real	estate	photography	and	

videography.	The	pilot	in	command	(PIC)	has	significant	flight	time	with	many	UAS	especially	the	one	

listed	for	commercial	business	use.	The	requested	exemption	should	be	granted	because	the	proposed	

operations	of	the	DJI	Phantom	2,	a	small	UASs	that	weighs	2.9	lbs.,	inclusive	of	battery	and	payload,	

conducted	in	the	strict	conditions	outlined	below,	will	provide	an	equivalent	level	of	safety,	as	Congress	

intended,	while	still	allowing	commercial	operations.	The	lightweight	aircraft	covered	by	the	exemption	

are	far	safer	than	conventional	operations	conducted	with	manned	helicopters	and	fixed-wing	aircraft	

weighing	thousands	of	pounds,	containing	highly	flammable	fuel,	and	operating	in	close	proximity	to	the	

ground	and	people,	as	a	similar	UAS	has	been	previously	approved	in	Exemption	No.	11138,	Douglas	

Trudeau,	Realtor®.	The	seven	factors	Congress	directed	the	FAA	to	consider	when	approving	Section	333	

exemption	petitions	- size,	weight,	speed,	operational	capability,	proximity	to	airports,	proximity	to	

populated	areas,	and	operation	within	visual	line	of	sight	– each	support	the	request.	In	particular,	the	

aircraft	are	small,	and	will	operate	at	slow	speeds,	close	to	the	ground,	far	from	airports	and	in	a	low	risk,	

low	population	environment.	

Thank	you,

Clark	Cleverly

Bird’s	Eye	View	Photography	Owner
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I.	Publishable	Summary	

Pursuant	to	14	C.F.R.	Part	11,	the	following	summary	is	provided	for	publication	in	the	Federal	Register,	

should	it	be	determined	that	publication	is	needed:	

Applicant	seeks	an	exemption	from	the	following	rules:	

14	C.F.R	21(h);	14	C.F.R.	43.7;	14	C.F.R.	43.11;	14	C.F.R.	45.11;	14	C.F.R.	45.27;	14	C.F.R.	45.29;	14	C.F.R.	

91.7(a);	14	C.F.R.	91.9(b)(2);	14	C.F.R.	91.9(c);	14	C.F.R.	91.103(b)(2);	14	C.F.R.	91.105;	14	C.F.R.	

91.113(b);	14	C.F.R.	91.119(b)	and	(c);	14	C.F.R.	91.151;	14	C.F.R.	91.203(a)	and	(b);	14	C.F.R.	215;	14	

C.F.R.	91.403;	14	C.F.R.	405	(a)	and	(b);	14	C.F.R.	91.407;	14	C.F.R.	409;	and	14	C.F.R.	91.417.	

Approval	of	exemptions	for	Bird’s	Eye	View	will	allow	commercial	operations	of	UAS in	rural,	remote,	low	

density	areas	in	the	of	the	state	of	Colorado,	for	the	purpose	of	real	estate	photography	and	videotaping.	

The	pilot	in	command	(PIC)	has	logged	significant	flight	time	with	many	UAS	especially	the	DJI	Phantom	

2. The	requested	exemption	should	be	granted	because	proposed	operation	of	the	DJI	Phantom	2,	a	small	

UASs	weighing	2.9	lbs.,	inclusive	of	battery	and	payload,	conducted	in	the	strict	conditions	outlined	

below,	will	provide	an	equivalent	level	of	safety,	as	Congress	intended,	while	still	allowing	commercial	

operations.	The	lightweight	aircraft	covered	by	the	exemption	are	far	safer	than	conventional	operations	

conducted	with	helicopters	and	fixed-wing	aircraft	operating	in	close	proximity	to	the	ground	and	people.	

The	seven	factors	Congress	directed	the	FAA	to	consider	when	approving	Section	333	exemption	

petitions	- size,	weight,	speed,	operational	capability,	proximity	to airports,	proximity	to	populated	areas,	

and	operation	within	visual	line	of	sight	– each	support	the	request.	In	particular,	the	aircraft	are	small,	

and	will	operate	at	slow	speeds,	close	to	the	ground,	far	from	airports	and	in	a	low	risk,	low	population	

environment.	

II.	Petitioner’s	Contact	Information	

Bird’s	Eye	View	Photography	

961	Alta	Vista	Dr.	Craig,	CO	81301

Tel:	970-629-8890

Email:	cpcleverly@gmail.com

III. Birds	Eye	View	Operations	

A.	The	UAS	

The	requested	exemption	will	permit	the	operation	of	the	DJI	Phantom	2.	The	Phantom	2	is	a	small,	

unmanned	multirotor	aircraft,	weighing	2.9	lbs.	inclusive	of	batteries,	the	propeller	guard,	and	technical	

payload.	This	rotorcraft	can	operate	at	a	speed	up	to	29	knots,	but	BEV will	limit	the	speed	to	no more	

than	22 knots.	The	FAA	has	previously	granted	Exemption	No.	11138,	allowing	commercial	flight	of	a	

member	of	the	DJI	Phantom	2	family,	the	Phantom	2	Vision+.	Exemption	No.	11396	for	Owlcam	LLC.
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The	UAS	will	have	the	following	specifications:	

Airframe:	DJI	Phantom	2

Flight	Control	System:	Naza	– M	V2,	which	includes	the	main	controller	(MC),	internal	measurement	unit	

(IMU)	with	built-in	internal	sensor,	barometric	altimeter,	which	measures	attitude	and	altitude,	compass,	

GPS,	and	radio	receiver	(Rx).

Transmitter	(Tx):	Futaba	T14SG

Receiver	(Rx):	Internal	to	DJI	Phantom	2

Data	Link:	2.4G	Data	Link

Video	Link:	DJI	AVL	58

Gimbal:	H3-3D	Zenmuse	Gimbal	for	GoPro	Hero

Camera:	Go	Pro	Hero	4	Black

Batteries:	3S	LiPo,	5200-mAh,	11.1V

B.	Flight	Conditions	

The UAS	will	be	flown	in	airspace	under	400	feet	above	ground	level	(“AGL”)	and	under	controlled	

conditions	in	rural	areas.	The	majority	of	flights	will	take	place	under	100	feet	AGL.	BEV’s	operations	will	

occur	in	rural,	remote	areas	in	Colorado.	BEV will	avoid	congested	and	densely	populated	areas	and	will	

work	with	local	Flight	Standard	District	Offices	to	determine	safe	areas	to	fly	in.	BEV	will	only	operate	its	

UAS	in	VMC,	visual	meteorological	conditions:	no	less	than	500	feet	below	and	no	less	than	2,000	feet	

horizontally	from	a	cloud	or	when	visibility	at	least	3	statute	miles	from	the	PIC.	The	flight	crew	will	

always	make	a	safety	assessment	of	the	risk	of	every	operation,	and	will	only	operate	when	it	is	

determined	that	no	undue	hazards	are	present.	

C.	Flight	Operations	

BEV’s	flight	operations	require	that	the	UAS	will	always	be	in	the	line	of	sight	of	both	a	PIC	and	a	monitor	

specialist,	who	will	also	act	as	the	visual	observer	(VO).	Flights	will	be	at	altitudes	of	no	more	than	400	

feet	AGL,	and	at	speeds	less	than	20	knots.	Despite	the	400	ft.	AGL	limit,	most	flights	will	take	place	at	an	

altitude	of	no	more	than	100	ft.	AGL.	

The	PIC	has	over	3	years	experience	with	RC	Aircraft	and	UAS.	Logging	over	100	hours	with	the	UAS	

specified	previously.	

The day	before	an	operation,	the	flight	crew	will	visit	and	inspect	for	safety	the	area	in	which	operations	

will	take	place.	The	flight	crew	will	also	contact	any	neighbors	to	notify	them	of	the	filming.	The	UAS	will	

only	fly	over	land,	which	it	has	permission	from	the	landowner	or	landowner’s	agent	to	fly	above.	The	

flight	crew	will	also	have	notices	to	leave	in	mailboxes,	informing	neighbors	of	the	planned	UAS	

operations.	The	flight	crew	will	also	conduct	a	safety	briefing	with	the	property	owners.	

Flights	will	take	place	on	parcels	of	land	that	are	at	least	approximately	an	area	of	half	an	acre	to	a	full	

acre.	Operations	will	not	take	place	in	congested	or	densely	populated	areas.	The	flight	crew	will	obtain	

all	aeronautical	and	weather	data	information	for that	day.	
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On	the	day	of	filming,	the	flight	crew	will	wear	florescent	shirts	or	vests	to	increase	visibility.	Prior	to	

leaving	for	an	operation,	the	PIC	and	VO	will	briefly	turn	on	the	UAS	to	ensure	that	everything	is	

connected	and	that	the	UAS	is	in	operational	and	a	safe	condition.	

Upon	arrival	at	a	location	for	filming	or	photography,	the	flight	crew	will	conduct	an	aerial	and	ground	

preflight	inspection.

The	flight	crew	will	then	mark	off	with	stakes	and	florescent	traffic	tape	to	designate	the	aircraft’s	“home	

area,”	which	will	be	a	circle	of	approximately	20	feet	in	diameter	to	mark	the	UAS	take-off	and	landing	

zone.	

Note:	If	the	radio	control	link	is	broken	during	flight,	the	autopilot	system	will	recognize	this	broken	

control	link	and	cause	the	UAS	to	automatically	return	to	the	home	area	as	recorded	by	the	GPS	

instrumentation.	

The	flight	crew	will	conduct	a	physical	inspection	of	the	aircraft	as	set	out	in	Appendix	D	of	the	

Operations	Manual.	

The	PIC	will	then	conduct	a	pre-flight	inspection	as outlined	in	Appendix	D	of	the	Operations	Manual.	

At	any	time	during	the	flight,	should	the	aircraft	lose	connection	with	the	remote	control,	the	flight	

control	system	failsafe	will	be	activated	automatically,	and	the	aircraft	will	to	return	to	the	previously-set	

home	area	and	land,	in	order	to	reduce	injuries	or	damage.	If	any	of	the	following	situations	occur,	the	

aircraft	will	not	receive	a	signal,	and	enter	into	this	failsafe	mode:	

•		The	remote	control	is	powered	off;	

•		The	aircraft	has	flown	out	of	the	effective	communication	range	of	the	remote	control,	which	is	

no	greater	than	1,000	meters	(3,280	feet);	

•		There	is	an	obstacle	obstructing	the	signal	between	the	remote	control	and	the	aircraft,	

essentially	reducing	the	distance	the	signal	can	travel;	or	

•		There	is	interference	causing	a	signal	problem	with	the	remote	control.	

For	further	information	regarding	the	DJI	Phantom	2’s	failsafe	functions,	please	refer	to	Exhibit	1,	

the	DJI	User	Manual.

The	DJI	Phantom	2	also	has	“no	fly	zones”	programmed	into	it,	which	will	prevent	flights	in	

restricted	zones.	Although	BEV	will	take	every	precaution	to	avoid	flying	in	airspace	other	than	

class	G	airspace,	the	preprogrammed	“no	fly	zones”	will	add	an	additional	level	of	safety	to	

operations.	For	further	information	regarding	the	DJI’s	“no	fly	zones,”	please	refer	to	the	DJI	User	

Manual.

Other	than	this	automated	feature	of	the	DJI	Phantom	2,	the	PIC	will	always	fly	the	UAS	manually.	

The PIC	and	VO	have	tested	the	UAS	in	a	variety	of	weather	conditions,	including	on	overcast	days	

and	in	winds	up	to	15	knots.	The	PIC	and	VO	will	never	fly	the	UAS	in	any	amount	of	rain,	due	to	

decreased	visibility	and	the	potential	for	water	damage	to	the	UAS.	The	PIC	and	VO	have	also	
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practiced	emergency	bailout	procedures	by	having	the	UAS	return	to	home.	In	the	event	of	an	

emergency,	the	PIC	will	release	the joysticks.	This	will	make	the	UAS	automatically	hover	in	place	

and	maintain	its	position	and	altitude,	and	the	PIC	and	VO	can	determine	if	and	when	it	is	safe	for	

the	UAS	to	return	to	the	home	location.	

During	flights,	the	PIC	and	the	VO	will	be	standing	next	to	each	other,	in	oral	communication	at	all	

times	at	the	ground	station.	

Flights	will	be	limited	to	18	minutes,	which	is	75%	of	the	total	battery	life	of	the	DJI	Phantom	2.	

Once	the	UAS	has	landed,	the	PIC	will	conduct	a	post-flight	checklist	as	set	out	in	Appendix	D	of	the	

Operations	Manual.	

IV.	Privacy	

There	is	little	concern	that	the	proposed	flights	will	cause	invasions	of	privacy	because	all	flights	will	

occur	over	rural	property	with	the	property	owner’s	prior	knowledge	and	consent.	The	only	people	

and/or	property	to	be	filmed	will	have	requested	and	hired	BEV	for	the	express	purpose	of	filming	and	

photographing	the	people	and/or	property	with	the	UAS.	

No	attempt	will	be	made	to	identify	any	individuals	filmed	or	photographed	during	the	flights	who	have	

not	consented	to	be	filmed	or	photographed,	except	in	cases	where	they	are	trespassing	upon	or	

damaging	customer	property,	or	interfering	with	the	applicant’s	or	its	customers’	operations	

V.	Aircraft	and	Equivalent	Level	of	Safety	

BEV	proposes	that	the	exemption	requested	herein	apply	to	civil	aircraft	that	have	the	characteristics	and	

that	operate	with	the	limitations	listed	herein.	These	limitations	provide	for	at	least	an	equivalent	or	

higher	level	of	safety	to	operations	under	the	current	regulatory	structure.	

These	limitations	and	conditions	to	which	BEV	agrees	to	be	bound	when	conducting	commercial	

operations	under	an	FAA	issued	exemption	include:	

1. The	UAS	will	weigh	significantly	less	than	fifty	(50)	lbs.	The	DJI	Phantom	2	weighs	2.9	lbs.,	

inclusive	of	battery	and	payload.	

2. Flights	will	be	operated	within	line	of	sight	of	a	pilot	and VO.	

3. Maximum	total	flight	time	for	each	operational	flight	will	be	75%	of	battery	life.	Flights	will	be	

terminated	once	the	battery	reaches	a	25%	level.	This	data	will	be	available	through	telemetry	

data	submitted	to	the	transmitter	and	monitor.	

4. The	UAS	will	remain	clear	and	yield	the	right	of	way	to	all	other	manned	operations	and	activities	

at	all	times.	

5. Flights	will	be	operated	at	an	altitude	of	no	more	than	400	feet	AGL.	Despite	this	limitation,	the	

majority	of	flights	are	anticipated	to	operate	at	no	more	than	100	feet	AGL.	

6. Minimum	crew	for	each	operation	will	consist	of	the	UAS	PIC	and	VO.	

7. A	briefing	will	be	conducted	in	regard	to	the	planned	UAS	operations	prior	to	each	day’s	activities.	

It	will	be	mandatory	that	all	personnel	who	will	be	performing	duties	in	connection	with	the	

operations	be	present	for	this	briefing.	
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8. The	operator	will	obtain	a	FAA	UAS	Civil	COA	prior	to	conducting	any	operations	under	this	grant	

of	exemption.	

9. The	PIC	is	a	veteran	pilot	of	UAS	logging	over	100	hours	of	flight	time	with	specified	model	and	

countless	hours	with	many	more	UAS	

10. The	PIC	has	practiced	the	DJI	Phantom	2	for	approximately	100	hours	over	the	course	of		6	

months. Practice	flights	have	been	in	a	variety	of	weather	conditions,	including	in	winds	up	to	15	

knots	and	on	overcast	days.	Practice	flights	have	also	included	using	the	DJI	Phantom	2’s	

emergency	return-to- home	features.	

11. The	PIC	and	VO	will	at	all	times	be	able	to	communicate	by	voice	and	be	stationed	next	to	each	

other	at	the	ground	station.	

12. Written	and/or	oral	permission	from	the	landowner	or	authorized	agent,	of	the	land	over	which	

the	UAS	will	be	flying.	

13. All	required	permissions	and	permits	will	be	obtained	from	territorial,	state,	county	or	city	

jurisdiction	including	local	law	enforcement,	fire,	or	other	appropriate	governmental	agencies.	

14. The	UAS	will	have	the	capability	to	abort	a	flight	in	case	of	unexpected	obstacles	or	emergencies.	

The	PIC	and	VO	have	practiced	the	emergency	failsafe	procedures,	as	described	above	on	pages	6-

7.	

15. If	the	UAS and	its	controller	disconnects	during	flight,	the	system’s	failsafe	protection	will	come	to	

the	rescue	and	the	UAS	will	return	to	home	and	land	automatically,	rather	than	flying	off	

uncontrollably	or	landing	at	an	unknown	location.	

16. Additionally,	the	UAS	that	will	be	used,	a	DJI	Phantom	2,	weighs	no	more	than	2.9	lbs.,	inclusive	of	

battery	and	payload.	Approval	of	commercial	flights	as	outlined	in	this	petition	present	no	

national	security	issue.	

Satisfaction	of	the	criteria	provided	in	Section	333	of	the Reform	Act	of	2012--size,	weight,	speed,	

operating	capabilities,	proximity	to	airports	and	populated	areas	and	operation	within	visual	line	

of	sight	and	national	security	– provide	more	than	adequate	justification	for	the	grant	of	the	

requested	exemptions allowing	commercial	operation	of	applicant’s	UAS	pursuant	to	BEV’s	rules	

of	operation	appended	hereto.

VI.	Public	Interest	and	Safety	

Use	of	the	UAS	will	increase	ground	safety	by	eliminating	the	need	to	have	a	manned,	aircraft	take	the	

videos	or	photographs.	As	the	FAA	recognized	in	the	Douglas	Trudeau,	Realtor®	Exemption,	No.	11138:	

“Manned	aircraft	conducting	aerial	filming	and	photography	can	weigh	5,000	lbs.	or	more,	are	operated	

by	an	onboard	pilot	and	may	carry	other	onboard	crewmembers,	as	well	as	100	gallons	or	more	of	fuel.	

The	petitioner’s	[UAS]	weighs	less	than	3	lbs.	The	pilot	and	crew	will	be	remotely	located	from	the	

aircraft.	The	limited	weight	reduces	the	potential	for	harm	to	persons	or	damage	to	property	in	the	event	

of	an	incident	or	accident.	The	risk	of	an	onboard	pilot	and	crew	during	an	incident	or	accident	is	

eliminated	with	the	use	of	a	[UAS]	for	the	proposed	operation.”		

As	in	the	cited	exemption,	BEV	will	use	a	member	of	the	DJI	Phantom	family,	the	DJI	Phantom	2.	This	UAS	

also	weighs	2.9	lbs.,	inclusive	of	battery	and	payload.	

During	BEV’s	operations,	the	PIC	and	VO	will	similarly	be	safely	on	the	ground,	directing	the	DJI	Phantom	

2	at	altitudes	no	higher	than	400	feet	AGL.	BEV	will	not	fly	over	congested	or	densely	populated	locations.	
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BEV	flight	crew	will	make	a	safety	assessment	prior	to	each	operation,	and	will	only	operate	when	there	

are	no	undue	risks.	

The	small	weight,	2.9	lbs.,	is	less	than	the	size	envisioned	in	Section	334(c)(2)(C)	of	the	FAA	

Modernization	and	Reform	Act	of	2012,	which	allows	government	agencies	“to	operate	unmanned	

aircraft	weighing	4.4	pounds	or	less,	if	operated	–

1. (i)	 within	the	line	of	sight	of	the	operator;	

2. (ii)	 less	than	400	feet	above	the	ground;	

3. (iii)	 during	daylight	conditions;	

4. (iv)	within	Class	G	airspace;	and

5. (v)	outside	of	5	statute	miles	from	any	airport,	heliport,	seaplane	base,	spaceport,	or	other	location	

with	aviation	activities.”

Congress’s	determination	that	government	agencies	should	be	allowed	to	operate	such	aircraft	in	

these	situations,	with	no	further	restrictions	on	location,	population	density,	or	pilot	experience	and	

training,	indicates	that	Congress	did	not	believe	that	aircraft	of	this	size	and	weight	warranted	

additional	attention.	

As	the	FAA	recognized	in	Exemption	No.	1162,	manned	aircraft	can	pose	a	much	greater	threat	to	its	

occupants	as	well	as	to	individuals	on	the	ground.	Additionally,	a	much	greater	space	will	be	necessary	

for	takeoff,	landing,	and	operations	than	would	be	necessary	for	the	2.9	lbs.	UAS	that	BEV	requests	an	

exemption	to	use	and	may	render	filming	an	area	impossible,	due	to	the	rural	areas	BEV	wishes	to	

operate	in,	and	the	low	height	footage	BEV	wishes	to	shoot.	

VII.	Regulations	from	Which	Exemption	is	Requested	

A.	14	C.F.R.	21(h):	Airworthiness	Certificates	

BEV	requests	an	exemption	from	14	C.F.R.	21(h).	This	exemption	meets	the	requirements	for	an	

equivalent	level	of	safety	pursuant	to	Section	333	based	on	the	small	size,	light	weight,	relatively	slow	

speed,	and	use	in	controlled	environments	on	private	land,	as	described	previously	in	this	petition.	In	

Exemption	No.	11138,	the	FAA	stated	that	the	Secretary	of	Transportation	has	determined	that	a	member	

of	the	DJI	Phantom	2	family,	the	Phantom	2	Vision+	meets	the	statutory	conditions	of	Section	333,	

considering	the	size,	weight,	speed,	and	limited	operating	area	associated	with	the	aircraft	and	its	

operation.	See	Exhibit	10	at	11.	

Equivalent	level	of	safety:	BEV’s	proposed	exemption	meets	the	requirements	for	an	equivalent	level	of	

safety	of	this	section,	pursuant	to	Section	333,	based	on	the	following	factors:	

• •		Small	size:	the	DJI	Phantom	2	has	a	diagonal	length	of	350	millimeters,	13.77	inches.	

• •		Light	weight:	2.9	lbs.	

• •		Relatively	slow	speed:	the	PIC	will	limit	the	UAS’s	speed	to	20	knots	(23	miles	per	hour).	

• •		Operational	capacity:	currently,	the	DJI	Phantom	2	can	operate	for	25	minutes.	Flights	will	be	

terminated	when	25%	of	the	battery	life	remains.	The	DJI	Phantom	2	can	travel	no	more	than	

1,000	meters,	3280.84	feet,	from	the	receiver.	

• •		Proximity	to	airports:	BEV	will	only	operate	in	Class	G	airspace,	and	will	notify	ATC	and	the	local	

FSDO	prior	to	operations,	as	described	previously.	
9

• •		Proximity	to	populated	areas	BEV	will	avoid	the	yellow	congested	areas	in	the	Colorado	

Sectional	Aeronautical	Charts.

• •		Operation	within	visual	line	of	sight:	The	PIC	will	always	fly	the	UAS	within	its	line	of	sight.	

• •		Location:	BEV	will	operate	in	rural,	remote	areas,	with	low	population	density,	in	the	state	of	

Colorado	to	take	photographs	and	video.	

• •		Altitude:	no	more	than	400	feet	AGL,	but	the	majority	of	flights	are	anticipated	at	no	more	than	

100	feet	AGL.	

• •		Restricted	area	in	which	the	UAS	will	be	operated:	as	described	above,	prior	to	the	day	of	

filming,	the	flight	crew	will	visit	with	neighbors	to	inform	them	of	the	filming	over	the	consenting	

landowner’s	property.	During	filming,	which	will	occur	in	rural	areas,	the	flight	crew	will	set	out	

stakes	and	florescent	tape	to	mark	the	“home	area”	for	the	UAS,	and	will	monitor	the	area	to	make	

sure	no	one	comes	into	the	flight	area.	Should	any	nonparticipating	individual	enter	the	flight	area,	

operations	will	immediately	cease.	

• •		Substantial	experience	of	the	PIC:	the	PIC	has	countless	hours	of	flight	time	with	UAS	and	over	

100	hours	with	specified	DJI	UAS.

B.	14	C.F.R.	43.7:	Persons	authorized	to	approve	aircraft,	airframes,	aircraft	engines,	propellers,	

appliances,	or	component parts	for	return	to	service	after	maintenance,	preventive	maintenance,	

rebuilding,	or	alteration.	

BEV	requests	an	exemption	from	14	C.F.R.	43.7.	This	part	provides,	inter	alia,	that	the	holder	of	a	

mechanic	certificate	or	a	repair	station	certificate	may approve	an	aircraft,	airframe,	aircraft	engine,	

propeller,	appliance,	or	component	part	for	return	to	service.	As	described	previously,	BEV’s	flight	crew	

will	be	capable	to	repair	and	maintain	the	DJI	Phantom	2	to	meet	an	equivalent	level	of	safety pursuant	to	

Section	333	for	the	type	of	sUAS,	its	intended	use,	and	the	rural	operating	environment.	

C.	14	C.F.R.	43.11:	Content,	form,	and	disposition	of	records	for	inspections	conducted	under	parts	91	and	

125	and	§§135.411(a)(1)	and	135.419	of	this	chapter.	

BEV	requests	an	exemption	from	14	C.F.R.	43.11.	This	part	provides,	inter	alia,	that	maintenance	record	

entries	be	maintained	and	for	the	listing	of	discrepancies	and	placards	by	inspectors.	The	UAS,	due	to	its	

small	size,	does	not	have	room	for	placards	to	be	placed	in	or	on	it	and	no	inspections	for	UAS	have	been	

certified	by	FAA	at	the	present	time.	

Equivalent	level	of	safety:	BEV	will	keep	log	books	of	all	maintenance	and	repairs	at	the	ground	station,	as	

envisioned	in	the	FAA	Memorandum	subject,	“Interpretation	regarding	whether	certain	required	

documents	may	be	kept	at	an	unmanned	aircraft’s	control	station,”	dated	August	8,	2014.	This	request	

provides	an	equivalent	level	of	safety	as	14	C.F.R.	43.11	because	the	documentation	will	be	at	the	ground	

station	with	the	PIC,	where	it	will	be	useable	in	case	of	an	emergency,	rather	than	with	the	UAS	which	

could	be	up	to	1,000	meters	from	the	operator.	

D.	14	C.F.R.	45.11:	Marking	of	products.	

BEV	requests	an	exemption	from	14	C.F.R.	45.11.	This	part	provides,	inter	alia,	that	the	manufacturers	of	

aircraft,	engines,	propellers,	mark	such	aircraft,	engines,	or	propellers	with	an	approved	fireproof	

identification	plate.	The	UAS,	due	to	its	small	size,	does	not	have	room	for	fireproof	placards	to	be	placed	

in	it.	Any	required	placards	could	become	hazardous,	due	to	the	additional	weight	and	strain	placed	on	
10

the	UAS.	Any	additional	weight	or	placards	on	the	2.9	lbs.	UAS	could	create	a	risk,	due	to	the	very	small	

size	and	nature	of	the	DJI	Phantom	2.	

Equivalent	level	of	safety:	BEV’s	PIC	and	VO	will	keep	information	related	to	the	DJI	Phantom	2,	including	

the	user	manual,	at	the	ground	control	station	and	affix	its	N-Number,	once	obtained	from	the	FAA	

Registration	Office,	on	the	“arms”	of	the	UAS	as	large	as	practicably	possible.	This	exemption	provides	an	

equivalent	level	of	safety	to	14	C.F.R.	45.11	because	the	relevant	documentation	containing	the	serial	

number	will	be	at	the	ground	station	with	the	PIC,	where	it	will	be	useable	in	case	of	an	emergency,	

rather	than	with	the	UAS.	In	addition,	the	fuselage	is	marked	with	“DJI,”	the	manufacturer	of	the	UAS.	

E.	14	C.F.R.	45.27:	Location	of	marks;	nonfixed-wing	aircraft	

BEV	requests	an	exemption	from	14	C.F.R.	45.27.	This	part	provides,	inter	alia,	that	each	operator of	a	

rotorcraft	must	display	on	that	rotorcraft	horizontally	on	both	surfaces	of	the	cabin,	fuselage,	boom,	or	

tail	the	marks	required	by	§45.23.	The	UAS,	due	to	its	small	size,	does	not	have	a	cabin,	fuselage,	boom	or	

tail	to	display	the	marks	required	by	§45.23.	

Equivalent	level	of	safety:	Once	BEV	receives	its	N-Number,	it	will	display	these	marks	on	the	“arms”	of	

the	aircraft	as	large	as	practicably	possible.	This	exemption	provides	an	equivalent	level	of	safety	to	14	

C.F.R.	45.27	because	the	UAS	will be	registered	with	the	FAA	Aircraft	Registration	Branch.	In	the	event	of	

incident,	the	UAS	will	be	traceable	to	BEV

F.	14	C.F.R.	45.29:	Size	of	marks	

BEV	requests	an	exemption	from	14	C.F.R.	45.27.	This	part	provides,	inter	alia,	at	subpart	(3)	that	the	

registration	marks	for	rotorcraft	must	be	at	least	12	inches	high.	The	UAS,	due	to	its	small	size,	does	not	

have	any	surface	area	large	enough	to	display	marks	anywhere	near	12	inches	high.	

Equivalent	level	of	safety:	BEV	will	affix	its	registration	number	as	large	as	practicably	possible	on	its	

“arms”	once	it	obtains	the	N-Number.	This	exemption	provides	an	equivalent	level	of	safety	to	14	C.F.R.	

45.29	because	the	UAS	will	be	registered	with	the	FAA	Aircraft	Registration	Branch.	In	the	event	of	

incident,	the	UAS	will	be	traceable	to	BEV.

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

The	FAA	has	previously	stated	that	no	exemption	is	required	for	a	member	of	the	DJI	Phantom	2	family.	

BEV	requests	the	same	determination	to	be	made	for	its	DJI	Phantom	2.	

Alternatively,	BEV	requests	an	exemption	from	14	C.F.R.	91.7(a).	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	standard	will	exist	for	determining	

airworthiness.	

Equivalent	level	of	safety:	BEV	will	keep	the	DJI	Phantom	2’s	maintenance	and	safety	information	at	the	

ground	station,	where	it	will	be	readily	accessible	to	the	PIC	and	VO	before,	during,	and	after	operations.	

This	exemption	provides	an	equivalent	level	of	safety	as	14	C.F.R.	91.7(a)	because	the	PIC	will	be	able	to	

make	the	determination	of	whether	the	UAS	is	in	an	airworthy	mechanical	and	electrical	condition,	in	

accordance	with 14	C.F.R.	91.7(b).	
11

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

The	FAA	has	previously	stated	that	no	exemption	is	required	for	a	member	of	the	DJI	Phantom	2	family.	

Exhibit	10	at	17.	BEV	requests	the	same	determination	to	be	made	for	its	DJI	Phantom	2.	

Alternatively,	BEV	requests	an	exemption	from	14	C.F.R.	91.9(b)(2).	This	part	provides:	

"(b)	No	person	may	operate	a	U.S.-registered	civil	aircraft...	

(2)	For	which	an	Airplane	or	Rotorcraft	Flight	Manual	is not	required	by	§21.5	of	this	chapter,	unless	

there	is	available	in	the	aircraft	a	current	approved	Airplane	or	Rotorcraft	Flight	Manual,	approved	

manual	material,	markings,	and	placards,	or	any	combination	thereof."	

First,	there	does	not	currently	exist a	method	of	approving	manuals	for	UAS.	Second,	given	the	size	and	

configuration	of	the	UAS,	there	is	no	space	to	carry	such	a	flight	manual	on	the	aircraft.	In	addition,	

carrying	the	manual	on	the	aircraft	would	be	pointless,	since	there	is	no	pilot	or	other	person	on	board	

who	could	read	or	use	it.	On	August	8,	2014,	the	FAA	issued	a	memorandum	entitled	“Interpretation	

regarding	whether	certain	required	documents	may	be	kept	at	an	unmanned	aircraft’s	control	station.”	

This	document	stated,	in	part	“maintaining	these	documents	at	the	pilot’s	control	station	would	meet	the	

intent	of	the	rule	as	the	pilot	would	be	able	to	produce	the	documents	for	his	or	her	own	information	or	

to	an	FAA	inspector.”	See	Exhibit	9.	

Equivalent	level	of	safety:	BEV will	keep	its flight	manual	at	the	ground	station,	where	both	the	PIC	and	

VO	can	access	it.	An	equivalent	level	of	safety	to	14	C.F.R.	91.9(b)(2)	is	provided	because	the	intent	of	this	

rule	– the	pilot	having	access	to	this	material	during	flight	– is	met.	

I.	14	C.F.R.	91.9(c):	Civil	aircraft	flight	manual,	marking,	and	placard	requirements.	

BEV requests	an	exemption	from	14	C.F.R.	91.9(c).	This	part	provides:	"(c)	No	person	may	operate	a	U.S.-

registered	civil	aircraft	unless	that	aircraft	is	identified	in	accordance	with	part	45	of	this	chapter."	

As	stated	above,	BEV will	obtain	an	N-Number	from	the	FAA	Registration	Office	and	the	UAS,	due	to	its	

small	size,	does	not	have	room	to	contain	fireproof	placard	or	to	display	aircraft	marks	in	a	conventional	

size.	However,	once	BEV obtains	an	N-Number,	it	will	place	the	number	on	the	“arms”	of	the	aircraft	as	

large	as	practicably	possible.	

Equivalent	level	of	safety:	BEV will	obtain	its	N-Number	from	the	FAA	Registration	Office	and	affix	it	to	

the	“arms”	of	the	aircraft	as	large	as	practicably	possible.	An	equivalent	level	of	safety	to	14	C.F.R.	91.9(c)	

is	met	because	the	UAS	will	be	registered	with	the	FAA	and	identifiable	in	the	event	of	an	incident.	

J.	14	C.F.R.	91.103(b)(2):	Preflight	action.	

BEV requests	an	exemption	from	14	C.F.R.	91.103(b)(2)	to	the	extent	that	is	applicable.	This	part	

provides:	

"Each	pilot	in	command	shall,	before	beginning	a	flight,	become	familiar	with	all	available	information	

concerning	that	flight.	This	information	must	include—...	(b)	For	any flight,	runway	lengths	at	airports	of	

intended	use,	and	the	following	takeoff	and	landing	distance	information:	...	(2)	For	civil	aircraft	other	
12

than	those	specified	in	paragraph	(b)(1)	of	this	section,	other	reliable	information	appropriate	to	the	

aircraft,	relating	to	aircraft	performance	under	expected	values	of	airport	elevation	and	runway	slope,	

aircraft	gross	weight,	and	wind	and	temperature."	

BEV’s PIC	in	fact	will,	before	beginning	a	flight,	become	familiar	with	all	available	information	concerning	

that	flight,	including	the	aircraft	performance	under	expected	elevations,	the	gross	weight	of	the	aircraft	

(which	will	be	no	more	than	2.9	lbs.),	and	the	wind	and	temperature.	As	the	flights	of	the	UAS	will	not	be	

at	airports	the	information	required	of Part	91.103(b)(2)	does	not	apply.	

Equivalent	level	of	safety:	BEV shall	perform	preflight	operations	as	outlined	previously	in	this	petition,	

and	flights	will	not	be	at	airports.	An	equivalent	level	of	safety	to	14	C.F.R.	91.103(b)(2)	will	be	met	

because the	PIC	will	become	familiar	with	the	conditions	prior	to	the	flight,	including	the	aircraft	

performance	under	expected	elevations,	the	gross	weight	of	the	aircraft	(which	will	be	no	more	than	2.9	

lbs),	and	the	wind	and	temperature.	

K.	14	C.F.R.	91.105:	Flight	crewmembers	at	stations.	

BEV	requests	an	exemption	from	14	C.F.R.	91.105	since	this	part	is	not	applicable	due	to	the	UAS	carrying	

no	flight	crewmembers.	

Equivalent	level	of	safety:	BEV	will	not	operate	the	aircraft	unless	someone	is	at	the	controls	at	all	times,	

and	each	flight	will	be	manually	flown,	with	the	exception	of	the	DJI	Phantom	2’s	automated	safety	

features.	This	will	provide	an	equivalent	level	of	safety	to	14	C.F.R.	91.105	because	the	flight	crew	will	be	

at	their	stations	at	all	times during	the	flight.	The	stations	will	not	be	on	the	aircraft	but	on	the	ground.	

L.	14	C.F.R.	91.113(b):	Right-of-way	rules:	Except	water	operations.	

BEV	requests	an	exemption	from	14	C.F.R.	113(b)	to	the	extent	that	it	applies	to	overhead	aircraft	

operating	at	or	above	500	feet	AGL	as	the	UAS	will	be	operating	no	higher	than	400	feet	AGL.	This	part	

provides:	

“(b):	General.	When	weather	conditions	permit,	regardless	of	whether	an	operation	is	conducted	under	

instrument	flight	rules	or	visual	flight	rules, vigilance	shall	be	maintained	by	each	person	operating	an	

aircraft	so	as	to	see	and	avoid	other	aircraft.	When	a	rule	of	this	section	gives	another	aircraft	the	rightof-way,	the	pilot	shall	give	way	to	that	aircraft	and	may	not	pass	over,	under,	or	ahead of	it	unless	well	

clear."	

For	example,	if	another	aircraft	is	operating	overhead	at	10,000	feet	AGL	there	is	no	danger	posed	to	that	

other	aircraft	if	the	UAS	is	operating	under	it	or	ahead	of	it	at	or	beneath	400	feet	AGL.	Despite	this,	

should	another	aircraft	enter	the	area	in	which	BEV	is	operation,	because	the	flight	will	be	within	his	line	

of	sight,	the	PIC	will	be	able	to	give	right	of	way	to	that	aircraft.	

Equivalent	level	of	safety:	BEV	will	operate	its	UAS	to	see	and	avoid	and	give	way	to	other	aircraft	that	

should	enter	airspace	at	or	below	400	feet	AGL,	and	will	give	right-of-way	to	manned	aircraft.	All	flights	

will	be	in	class	G	airspace	and	the	majority	of	flights	will	be	at	no	more	than	100	feet	AGL,	which	will	

create	a	very	slim	chance	that BEV’s	operations	will	interfere	with	a	manned	aircraft’s	flight.	This	will	

provide	an	equivalent	level	of	safety	to	14	C.F.R.	91.113(b)	because	the	UAS	has	significantly	greater	
13

mobility	than	a	much	larger,	manned	aircraft.	As	a	result,	the	PIC	will	be	able	to	react	and	respond	much	

more	quickly	than	the	other	pilot.	

M.	14	C.F.R.	91.119(c):	Minimum	safe	altitudes:	General.	

BEV	requests	an	exemption	from	14	C.F.R.	91.119	subpart	(c).	This	regulation	provides:	

"Except	when	necessary	for	takeoff	or	landing,	no	person	may	operate	an	aircraft	below	the	following	

altitudes...	

(c)	Over	other	than	congested	areas.	An	altitude	of	500	feet	above	the	surface,	except	over	open	water	or	

sparsely	populated	areas.	In	those	cases,	the	aircraft	may	not	be	operated	closer	than	500	feet	to	any	

person,	vessel,	vehicle,	or	structure.”	

BEV	will	not	operate	the	UAS	any	higher	than	400	feet	AGL.	

Equivalent	level	of	safety:	BEV	will	operate	the	UAS	no	higher	than	400	feet	AGL,	and	it	is	anticipated	that	

the	majority	of	operations	will	be	no	higher	than	100	feet	AGL.	BEV	will	not	operate	in	congested	areas,	

and	will	work	with	the	local	FSDO	when	planning	operations.	BEV’s	flight	crew	will	make	a	safety	

assessment	prior	to	each	operation,	and	only	operate	after	it	determines	that there	is	no	undue	hazard	

present.

The	400	feet	AGL	maximum	will	provide	an	equivalent	level	of	safety	to	14	C.F.R.	91.119(c)	because,	since	

1981	with	AC	91-57,	this	height	has	been	an	operating	standard	for	model	aircraft.	Additionally,	in	

Section	334(c)(2)(C),	Congress	determined	that	UAS	operated	by	public	agencies	flying	UAS	the	size	of	

and	larger	than	BEV’s	DJI	Phantom	2	could	fly	up	to	400	feet	AGL.	

N.	14	C.F.R.	91.121:	Altimeter	Settings	

BEV	requests	an	exemption	from	14	C.F.R.	91.121.	This	Part	provides	guidelines	for	altimeter	use	in	

maintaining	the	cruising	altitude	or	flight	level	of	the	aircraft.	BEV	is	not	requesting	a	general	exemption	

from	the	requirement	that	its	UAS	have	an	Altimeter.	The	DJI	Phantom	2’s	flight	controller	will	have	an	

internal	measurement	unit	(“IMU”).	The	IMU	has	a	built-in	internal	sensor	and	a	barometric	altimeter	

that	measures	both	attitude	and	altitude.	Rather,	BEV	requests	an	exemption	from	the	requirement	to	set	

its	altimeter	to	a	station	along	the	route,	of	out	of	an	airport,	because	the	DJI	Phantom	2	is	not	traveling	

point-to-point	and	is	limited	in	the	distance	it	can	travel	from	the	PIC.	Additionally,	BEV	will	not	be	flying	

into	or	out	of	an	airport.	

Equivalent	level	of	safety:	The	requested	exemption	provides	an equivalent	level	of	safety	to	14	C.F.R	

91.121	because	BEV	will	not	operate	the	UAS	above	400	feet	AGL	in	a	sustained	cruising	flight	mode	such	

as	a	manned	aircraft	will	typically	fly.	The	PIC	will	at	all	times	be	controlling	the	maximum	height	of	the	

UAS	through	the	telemetry	features	of	the	DJI	controller.	Additionally,	the	UAS	will	be	operated	within	the	

line	of	sight	of	the	PIC.	The	FAA	has	previously	granted	this	exemption	for	similar	proposed	operations.	

O.	14	C.F.R.	91.151:	Fuel	requirements	for	flight	in	VFR	conditions.	

The	UAS	BEV	fly	is	powered	by	electricity,	using	lithium	polymer	batteries	that	currently	have	a	flight	

limit	of	approximately	no	more	than	25	minutes.	Therefore,	due	to	the	limitations	of	the	batteries,	it	is	
14

currently	impossible	to	comply	with	Part	91.151.	However,	the	UAS	will	be	operated	in	a	manner	with	at	

least	the	equivalent	level	of	safety	as	that	of	a	manned	aircraft	complying	with	Part	91.151.	

Operation	of	an	UAS	with	less	than	30	minutes	of	reserve	fuel	does	not	engender	the	type	of	risks	that	

Section	91.151(a)	was	intended	to	alleviate.	During	the	entire	flight,	the	PIC	will	always	have	a	visual	line	

of	sight	of	the	UAS	and	the	VO	will	be	monitoring	the	battery	life	via	the	telemetry	display	on	the	laptop	at	

the	ground	station.	The	UAS	will	always	have	enough	power	to	land	safely,	given	the	minimum	level	of	

reserve	capacity	of	the	batteries.	

BEV	will	limit	flights	to	75%	of	battery	capacity.	With	the	battery	BEV	currently	uses,	the	75%	point	

occurs	at	18	minutes,	leaving	7	minutes	for	the	UAS	to	reach	the	planned	landing	zone.	This	amount	of	

time	will	be	more	than	sufficient	for	the	PIC	to	safely	return	to	and	land	in	the	“home	area.”	As	battery	

power	increases,	the	number	of	minutes	the	UAS	can	operate	before	reaching	the 75%	mark	will	also	

increase.	As	new	batteries	are	obtained	and	put	into	use,	BEV	will	continue	to	terminate	flights	after	75%	

of	battery	power	has	been	used.	

Applicant	believes	that	an	exemption	from	14	CFR	§91.151(a)	is	consistent	with	the	scope	of	similar	

exemptions	already	granted	to	other	operations.	

Equivalent	level	of	safety:	BEV	will	limit	flights	75%	of	battery	power.	The	proposed	exemption	meets	an	

equivalent	level	of	safety	to	14	C.F.R.	91.151	because,	given	the	limitations	on	BEV	‘s	proposed	operations	

and	the	location	of	those	operations,	a	reduced	minimum	power	reserve	for	flight	in	daylight	VFR	

conditions	is	reasonable.	

P.	14	C.F.R.	91.203(a)	and	(b):	Civil	aircraft:	Certifications	required.	

The	FAA	has	previously	determined	that	exemption from	14	C.F.R.	91.203(a)	and	(b)	is	not	necessary.	See	

Exhibit	10	at	17.	

Alternatively,	BEV	requests	an	exemption	from	14	C.F.R.	91.203(a)	and	(b).	This	section	provides	in	part:	

“(a)	Except	as	provided	in	§	91.715,	no	person	may	operate	a	civil	aircraft	unless	it	has	within	it	the	

following:	

(1)	An	appropriate	and	current	airworthiness	certificate...	

(2)	An	effective	U.S.	registration	certificate	issued	to	its	owner...	

(b)	No	person	may	operate	a	civil	aircraft	unless	the	airworthiness	certificate	required	by	paragraph	(a)	

of	this	section	or	a	special	flight	authorization	issued	under	§	91.715	is	displayed	at	the	cabin	or	cockpit	

entrance	so	that	it	is	legible	to	passengers	or	crew.”	

First,	there	are	currently	no	procedures	in	effect	for	providing	airworthiness	certificates	for	UAS.	

However,	as	a	condition	to	the	approval	of	exemption,	BEV	will	display	its	N-Number,	once	received,	on	

the	UAS,	and	the	operator	will	have,	at	the	ground	station,	the	user	manual	for	the	DJI	Phantom	2.	

Second,	the	UAS	BEV will	use	the	DJI	Phantom	2,	which	has	an	equivalent	level	of	safety	as	a	manned	

aircraft	with	an	airworthiness	certificate.	Please	refer	to	Exhibit	10,	Exemption	No.	11138,	as	BEV’s	DJI	
15

Phantom	2	is	in	the	same	UAS	family	as	the	DJI	Phantom	2	Vision+,	which	was	the	subject	of	that	

exemption.	This	UAS	provides	a	number	of	safety	features,	including	the	automatic	return	to	home	

failsafe	discussed	in	detail	above.	

Because	of	the	use	of	GPS	with	the	UAS,	the	operator	will	set	the	initial	location	of	flight	takeoff	("home	

position")	and	if	the	radio	control	link	is	broken,	the	autopilot	system	will	recognize	this	broken	control	

link	and	cause	the	UAS	to	automatically	return	to	the	home	position	as	recorded	by	the	GPS	

instrumentation.	Exhibits	1-7.	Additionally, because	the	UAS	team	will	mark	off	an	area	with	traffic	cones	

that	has	a	20	ft.	radius,	approximately	30	ft.	from	the	operators	that	will	be	used	as	the	“home	position”	

for	the	UAS	to	return,	no	one	will	be	standing	in	the	way	of	the	path.	

These	safety	enhancements	provide	a	greater	degree	of	safety	to	the	public	and	property	owners	than	

conventional	operations	conducted	with	airworthiness	certificates	issued	under	Subpart	H.	Application	

of	these	same	criteria	demonstrates	that	there	is	no	credible	threat to	national	security	posed	by	the	UAS,	

due	to	its	size,	speed	of	operation,	location	of	operation,	lack	of	explosive	materials	or	flammable	liquid	

fuels,	and	inability	to	carry	a	substantial	payload.	

In	the	restricted	environment	and	under	the	conditions proposed,	operation	of	the	UAS	will	be	at	least	as	

safe	as	a	conventional	aircraft	(fixed	wing	or	rotorcraft)	operating	with	an	airworthiness	certificate	but	

without	the	restrictions	and	conditions	proposed.	BEV	will	not	accept	assignments	from	clients	that	

would	take	place	in	Class	B,	C,	D,	or	E	airspace.	BEV	will	avoid	flying	over	congested	and	populated	areas	

and	will	work	with	local	FSDO	to	avoid	these	areas	when	planning	operations.	

Equivalent	level	of	safety:	The	UAS	to	be	operated	hereunder	is	2.9	lbs.	inclusive	of	batteries	and	

technical	payload,	carries	neither	a	pilot	nor	passengers,	and	carries	no	explosive	materials	or	flammable	

liquid	fuels.	The	UAS	operating	under	this	exemption	will	be	tightly	controlled	and	monitored	by	the	

operator	and	the observer,	and	in	compliance	with	local	public	safety	requirements,	to	provide	security	

for	the	area	of	operation.	

Q.	14	C.F.R.	91.215:	ATC	Transponder	and	Altitude	Reporting	Equipment	and	Use	

This	section	requires	that	installed	Air	Traffic	Control	(ATC)	transponder	equipment	must	meet	specific	

performance	and	environmental	requirements,	and	aircraft	must	be	equipped	with	an	operable	coded	

radar	beacon	transponder.	

There	are	presently	no	known	commercially	available	ATC	transponders	that	meet	the	payload	

requirements	of	a	UAS	and	are	available	at	reasonable	cost.	However,	because	the	UASs	used	by	BEV	will	

not	be	flying	into	or	near	airports,	and	will	fly	no	higher	than	400	feet	AGL,	there	is	very	low	risk	of	

collision	with	any	manned	aircraft.	In	addition,	because	there	will	be	no	need	to	have	contemporaneous	

communication	with	ATC	Control,	due	to	the	short	distances,	short	flight	times,	and	restricted	altitude	the	

UAS	will	operate	within,	BEV	requests	an	exemption	from	this	section.	Additionally,	the	UAS is	too	small	

to	contain	ATC	transponder	equipment	in	any	form	factor	that	is	known	to	be	available	commercially.	

Equivalent	level	of	safety:	An	equivalent	level	of	safety	to	14	C.F.R.	91.215	will	be	met	because	BEV	will	

not	fly	its	UAS	into	or	near	airports,	and	all	operations	will	be	below	400	feet	AGL,	so	there	is	very	low	

risk	of	collision	with	any	manned	aircraft.	BEV	will	give	the	right	of	way	to	any	manned	aircraft	that	do	

appear.	
16

R.	14	C.F.R.	91.403:	General	

This	section	requires	that	the	owner	or	operator	of	an	aircraft	is	primarily	responsible	for	maintaining	

that	aircraft	in	an	airworthy	condition.	BEV	will	adhere	to	this	requirement.	However,	this	Section	also	

limits	maintenance	to	that	“prescribed	in	this	subpart	and	other	applicable	regulations,	including	part	43	

of	this	chapter.”	Because	of	this	limitation,	and	because	of	the	exemptions	under	Part	43	requested	above,	

BEV	requests	an	exemption	from	this	Section.	

This	exemption	meets	the	requirements	for	an	equivalent	level	of	safety	pursuant to	Section	333	based	

on	the	small	size,	light	weight,	relatively	slow	speed,	and	use	in	controlled	rural	environments	on	private,	

secured	land,	as	described	previously	in	this	petition.	

Equivalent	level	of	safety:	To	achieve	an	equivalent	level	of	safety to	14	C.F.R.	91.403,	BEV	will	maintain	

its	UAS	in	an	airworthy	condition	and	adhere	to	all	manufacturer	requirements	for	inspecting	and	

maintaining	the	DJI	Phantom	2.	BEV	will	keep	records	of	maintenance	to	the	UAS,	and	these	records	will	

be	available	to	the	PIC	and	VO	before,	during,	and	after	operations	of	the	UAS.	

S.	14	C.F.R.	91.405	(a)	and	(d):	Maintenance	Required	

This	section	requires	that	aircraft	be	inspected	as	prescribed	by	Section	E,	14	C.F.R.	§§91.401-91.421.	As	

shown	below,	BEV	is	applying	for	an	exemption	for	these	sections,	due	to	the	fact	that	its	operators	will	

inspect	the	UAS	prior	to	each	flight	and	keep	maintenance	records	of	all	parts	that	are	replaced,	in	

accordance	with	DJI’s	instructions.	Because	the	Sections	discussed	below	are	concerned	with	manned	

aircraft,	and	as	such	have	inspection	requirements	designed	for	the	safety	of	passengers,	they	are	

inapplicable	to	BEV.	

BEV	is	also	applying	for	an	exemption	to	subpart	(d)	of	this	section,	which	requires	a	placard	to	be	

installed	and references	§43.11.	As	noted	previously,	BEV	requests	an	exemption	to	the	placard	

requirement,	because,	due	to	the	small	size	of	the	UAS,	there	is	no	room	to	place	the	placard.	

Despite	the	requested	exemption	from	subparts	(a)	and	(d)	of	this	section,	BEV will	follow	subparts	(b)	

and	(c)	of	this	subpart.	

Equivalent	level	of	safety:	To	achieve	an	equivalent	level	of	safety	to	14	C.F.R.	91.405(a)	and	(b),	BEV	will	

keep	logbooks	detailing	all	maintenance	and	repairs	to	the	UAS.	The	logbooks	will	be	available to	the	PIC	

and	VO	before,	during,	and	after	UAS	operation.	Prior	to	conducting	post-maintenance	operations,	the	

flight	crew	will	conduct	a	test	flight	to	ensure	that	the	UAS	functions	properly.	The	FAA	has	previously	

determined	that	following	the	manufacturer’s	requirements	for	maintenance,	inspection,	and	record	

keeping	are	sufficient	to	ensure	that	safety	is	not	adversely	affected.	

T.	14	C.F.R.	91.407:	Operation	after	maintenance,	preventive	maintenance,	rebuilding,	or	alteration	

This	section	requires that	any	aircraft	which	“has	undergone	maintenance,	preventative	maintenance,	

rebuilding,	or	alteration	unless	.	.	.	[i]t	has	been	approved	for	return	to	service	by	a	person	authorized	

under	§	43.7	of	this	chapter	.	.	..”	
17

However,	BEV	has	requested	an	exemption	from	§§	43.7	and	43.11	as	described	previously.	The	

capability	of	the	operators	to	maintain	and	repair	the	UAS	meets	the	requirements	for	an	equivalent	level	

of	safety	pursuant	to	Section	333	for	both	the	type	of	UAS,	its	intended	use,	and	the	rural	operating	

environment.	Additionally,	due	to	the	small	size	of	the	UAS,	there	is	no	room	to	place	inspection	placards.	

Therefore,	because	BEV	has	requested	an	exemption	from	43.7	and	43.11,	BEV	respectfully	requests	an	

exemption	from	91.407.	The	PIC,	who holds	a	commercial	pilot’s	certificate,	will	conduct	maintenance	on	

the	UAS	and	keep	logs	of	the	battery	cycle	and	repairs	needed	on	the	body	or	the	propellers	of	the	DJI	

Phantom	2.	

Equivalent	level	of	safety:	The	proposed	exemption	will	meet	an	equivalent	level	of	safety	to	14	C.F.R.	

91.407	because	BEV	will	regularly	inspect	and	maintain	its	UAS	in	accordance	with	the	DJI	operator	

manual,	and	keep	detailed	inspection	and	maintenance	records	that	will	be	available	to	the	PIC	and	VO	

before,	during,	and	after	operations.	Prior	to	conducting	post- maintenance	operations,	BEV	will	conduct	

a	test	flight	to	ensure	that	the	UAS	functions	properly.	

U.	14	C.F.R.	91.409:	Inspections	

This	section	lays	out	specific	requirements	for	inspections	of	aircraft.	BEV	respectfully	requests	an	

exemption	from	these	requirements	because	they	are	intended	to	maintain	the	safety	of	manned	aircraft	

significantly	larger	and	capable	of	significantly	longer	flights	than	is	UAS.	BEV’s	pre-flight	and	post-flight	

inspections	meet	or	exceed	the	level	of	safety	achieved	by	adherence	to	14	C.F.R.	91.409.	

Equivalent	level	of	safety:	As	discussed	above,	BEV	has	an	inspection	procedure	that	provides	an	

equivalent	level	of	safety	to	14	C.F.R.	91.409. Before	and	after	each	flight,	the	flight	crew	will	conduct	an	

inspection	of	the	UAS	as	described	previously.	

V.	14	C.F.R.	91.417:	Maintenance	records	

BEV	respectfully	requests	an	exemption	from	this	Section,	as	it	is	only	applicable	for	aircraft	with	an

airworthiness	certificate.	Because	BEV	will	not	have	an	airworthiness	certificate,	this	Section	is	

inapplicable.	

Equivalent	level	of	safety:	The	requested	exemption	will	meet	an	equivalent	level	of	safety	to	14	C.F.R.	

91.417	because	BEV	will	keep	detailed	maintenance	records	on	every	part	as	it	is	replaced,	including	but	

not	limited	to	propellers,	batteries,	and	electrical	components.	The	detailed	maintenance	records	will	be	

accessible	to	the	PIC	and	the	VO	before,	during,	and	after	operations.	
18

Additional Sources/ Manufacturer Information

DJI 2 USER MANUAL URL LINK

http://download.dji-innovations.com/downloads/phantom_2/en/PHANTOM2_User_Manual_v1.4_en.pdf

DJI 2 Specs Link

http://www.dji.com/product/phantom-2/spec

No Fly Zones feature link

http://www.dji.com/fly-safe/category-mc

DJI 2 Features

http://www.dji.com/product/phantom-2/feature