UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC

Regulatory Docket No. 

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: 

JUSTIN APPLEBY

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)(1), 

91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL 

OPERATION OF DJI Phantom 2 Vision+, DJI Inspire 1+, DJI Spreading 

Wings S800+, 3DR-X8 Octo+ & 3DR Solo+ & 3DR Aero-m Fixed Wing+, DJI 

Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Skytractor Quad 

UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF 

THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC 

LAW 112-95)

Submitted on January 18, 2016

JUSTIN APPLEBY

Po box 1238

West Yellowstone, MT 59758

(406)-539-7123
GLOSSARY OF

TABLE OF CONTENTS

Page

ABBREVIATIONS .................................................................................3

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

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

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

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

NAME AND ADDRESS OF PETITIONER.......................................................... 8

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH JUSTIN APPLEBY

SEEKS EXEMPTION .......................................................................................... 8

THE EXTENT OF RELIEF JUSTIN APPLEBY SEEKS AND THE REASON 

JUSTIN APPLEBY SEEKS THE RELIEF................................12

THE REASONS WHY GRANTING JUSTIN APPLEBY REQUEST WOULD 

BE IN THE PUBLIC INTEREST .......................................................................16

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT 

ADVERSELY AFFECT SAFETY..................................................................... 20

CONCLUSION................................................................................................................ 39
GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

GCS Ground Control Station

GPS Global Positioning System

LOL Loss of Link

NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot In Command

Section 333 FAA Modernization and Reform Act of 2012 (FMRA)

Section 333

SO Safety Observer

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing
SUMMARY

Justin Appleby seeks 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)(1), 91.409(a)(1) & (a)(2),

and91.417(a) & (b), to operate an Unmanned Aircraft System pursuant to Section 333 of 

the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit 

Justin Appleby to operate an Unmanned Aircraft System (UAS) for the commercial 

purpose of conducting aerial video and photography, cell tower land and infrastructure 

inspection for civil operations within the United States of America.

INTRODUCTION AND INTERESTS OF THE PETITIONER

My name is Justin Appleby; I am currently a student pilot seeking my private pilot rating. 

I have passed the written portion of the training and completed over 40 hours of flight 

training. I have been flying hobby RC Aircraft & UAS for over 10 years. I am currently

seeking a section 333 exemption to fly UAS for commercial purposes. My goal is to turn a 

hobby into a profession, and by obtaining an exemption I will pursue that goal. I will base 

my operations around data collection from UAS to provide solutions and improve safety

standards within various applications. The main applications that I will focus on will be in 

energy, telecom, agriculture and humanitarian efforts.

BACKGROUND

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

Wings S800+, 3DR-X8 Octo+ & 3DR Solo+ & 3DR Aero-m Fixed Wing+, DJI 

Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Skytractor Quad 

Wings S800 UAS's

Justin Appleby seeks an exemption to operate DJI systems for compensation or 

hire within the NAS. The DJI Phantom 2 Vision+, DJI Inspire 1+, DJI Spreading Wings 

S800+, 3DR-X8 Octo+ & 3DR Solo+ & 3DR Aero-m Fixed Wing+, DJI Phantom 3+, 

H20 Quad UAS+, Matrix Quad+, and Skytractor Quad are vertical takeoff and landing 

(VTOL) Unmanned Aircraft (UA). These UAS’s use a Ground Control Station (GCS), 

displayed on an electronic tablet or smartphone.

The DJI Phantom 2 Vision+ has a maximum gross weight of approximately 2 pounds 11 

ounces, 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 Spreading Wings S800+

weighs 8 pounds 2 ounces, is 35 inches in length, 18 inches in width and 12.5 inches in 
height, has a maximum gross weight 12 pounds 3.8 ounces, and Has a maximum speed of 

approximately 56 knots. The DJI Phantom 2 Vision+, DJI Inspire 1+, DJI Spreading 

Wings S800+, 3DR-X8 Octo+ & 3DR Solo+ & 3DR Aero-m Fixed Wing+, DJI Phantom 

3+, H20 Quad UAS+, Matrix Quad+, and Skytractor Quad UAS’s are equipped with four 

main rotors; driven by Lithium Polymer battery powered electric motors.

The DJI Phantom 2 Vision+, DJI Inspire 1+, DJI Spreading Wings S800+, 3DRX8 Octo+ & 3DR Solo+ & 3DR Aero-m Fixed Wing+, DJI Phantom 3+, H20 Quad 

UAS+, Matrix Quad+, and Skytractor QuadUAS that will be operated by Justin Appleby

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.

BASIS FOR PETITION

Petitioner, Justin Appleby, pursuant to the provisions of the Federal Aviation 

Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 

(FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems, hereby 

petitions the Administrator to commercially operate the DJI Phantom 2 Vision+, DJI 

Inspire 1+, DJI Spreading Wings S800+, 3DR-X8 Octo+ & 3DR Solo+ & 3DR Aero-m 

Fixed Wing+, DJI Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Skytractor Quad 

and Matrix Quad+, Skytractor Quad UAS’s 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)(1), 91.409(a)(1) & (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, Justin Appleby operation of DJI Phantom 2 
Vision+, DJI Inspire 1+, DJI Spreading Wings S800+, 3DR-X8 Octo+ & 3DR Solo+ & 

3DR Aero-m Fixed Wing+, DJI Phantom 3+, H20 Quad UAS+, Matrix Quad+, and 

Skytractor Quad Matrix Quad+, Skytractor Quad UAS's meets the conditions of FMRA 

Section 333 and therefore, will not require an airworthiness certificate in accordance 

with 14 C.F.R. Part 21, Subpart H.

Accordingly, Justin Appleby requests relief from Sections 91.405(a), 

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth 

requirements for maintenance that only apply to aircraft with an airworthiness certificate.

Justin Appleby submits that the requested relief is proper since an equivalent 

level of safety will be ensured. Justin Appleby will use experienced personnel or 

technicians to perform maintenance, alterations, or preventive maintenance on the UAS's 

using the methods, techniques, and practices prescribed in the operating documents (i.e., 

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

Spreading Wings S800 Instruction Manual). Furthermore, Justin Appleby will document 

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

DJI Spreading Wings S800+, 3DR-X8 Octo+ & 3DR Solo+ & 3DR Aero-m Fixed 

Wing+, DJI Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Skytractor Quad UAS’s 

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

pilot privileges and limitations: Pilot in command, is requested by Justin Appleby to the 

extent necessary to allow a Pilot in Command (PIC) holding a private pilot or higher 

level certificate, as well as an airman medical certificate, and who has demonstrated, by 

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

operate the DJI Phantom 2 Vision+, DJI Inspire 1+, DJI Spreading Wings S800+, 3DRX8 Octo+ & 3DR Solo+ & 3DR Aero-m Fixed Wing+, DJI Phantom 3+, H20 Quad 

UAS+, Matrix Quad+, and Skytractor Quad UAS’s in a manner consistent with this 
exemption, including evasive and emergency maneuvers and maintaining appropriate 

distances from people, vessels, vehicles and structures.

Justin Appleby seeks relief from Section 91.7(a), entitled Civil aircraft 

airworthiness, because the DJI Phantom 2 Vision+, DJI Inspire 1+, DJI Spreading 

Wings S800+, 3DR-X8 Octo+ & 3DR Solo+ & 3DR Aero-m Fixed Wing+, DJI 

Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Skytractor Quad UAS’s do not 

require an airworthiness certificate in accordance with 14

C.F.R. Part 21, Subpart H. As such, Justin Appleby submits that he will ensure that the 

DJI Phantom 2 Vision+, DJI Inspire 1+, DJI Spreading Wings S800+, 3DR-X8 Octo+ & 

3DR Solo+ & 3DR Aero-m Fixed Wing+, DJI Phantom 3+, H20 Quad UAS+, Matrix 

Quad+, and Skytractor Quad UAS’s are in an airworthy condition, prior to every flight, 

by determining that the UAS's are in compliance with the operating documents (i.e., 

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

Wings S800+, 3DR-X8 Octo+ & 3DR Solo+ & 3DR Aero-m Fixed Wing+, DJI 

Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Skytractor Quad Instruction 

Manual), and that the aircrafts are in a condition for safe flight.

Justin Appleby also seeks an exemption from the requirements of Section 

91.121, entitled Altimeter Settings, as the DJI Phantom 2 Vision+, DJI Inspire 1+, DJI 

Spreading Wings S800+, 3DR-X8 Octo+ & 3DR Solo+ & 3DR Aero-m Fixed Wing+, 

DJI Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Skytractor Quad UAs will not 

have a typical barometric altimeter onboard. However, altitude information of the DJI 

Phantom 2 Vision+, DJI Inspire 1+, DJI Spreading Wings S800+, 3DR-X8 Octo+ & 

3DR Solo+ & 3DR Aero-m Fixed Wing+, DJI Phantom 3+, H20 Quad UAS+, Matrix 

Quad+, and Skytractor Quad 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 Justin Appleby’s operation of the DJI Phantom 2 

Vision+, DJI Inspire 1+, DJI Spreading Wings S800+, 3DR-X8 Octo+ & 3DR Solo+ & 

3DR Aero-m Fixed Wing+, DJI Phantom 3+, H20 Quad UAS+, Matrix Quad+, and 

Skytractor Quad UAS's within visual line of sight, at or below 500 feet AGL, will 

ensure a level of safety equivalent to Section 91.121.

Additionally, Justin Appleby seeks an exemption from the requirements of 

Section 91.151(b), entitled Fuel requirements for flight in VFR conditions. Justin 

Appleby submits that safety will not be affected by operation of the DJI Phantom 2 

Vision+, DJI Inspire 1+, DJI Spreading Wings S800+, 3DR-X8 Octo+ & 3DR 

Solo+ & 3DR Aero-m Fixed Wing+, DJI Phantom 3+, H20 Quad UAS+, Matrix 

Quad+, and Skytractor Quad UAS’s 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 14.5 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, Justin Appleby provides the following 

information in support of its petition for exemption:

A. Name And Address Of The Petitioner.

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

Justin Appleby

Po box 1238

West Yellowstone, MT 59758

(406).539.7123

Email: JustinAppleby@msn.com
B. The Specific Sections Of 14 C.F.R. From Which Justin Apple by Seeks

Exemption.

1. Justin Appleby 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:

(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

The aircraft does not carry passengers or property for compensation or 

hire.

2. Justin Appleby Seeks Exemption From The Requirements 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. Justin Appleby Seeks Exemption From The Requirements 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)(1)(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. Justin Appleby 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:

(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. Justin Appleby 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. Justin Appleby Seeks Exemption From The Requirements Of Section 

91.407(a)(1)

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. Justin Appleby Seeks Exemption From The Requirements Of Sections 

91.409(a)(1) 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. Justin Appleby 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:

(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 of life-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:

(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 Justin Appleby Seeks And The Reason Justin Appleby

Seeks The Relief.

1. Extent Of Relief Justin Appleby Seeks And The Reason Justin Appleby

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 private pilot or higher level certificate, as well as a current and valid airman medical 

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

proposed UAS flight operations for compensation or hire.

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

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

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

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

compensation or hire.

As set forth more fully below, Justin Appleby submits that an equivalent level of 

safety will be maintained because no PIC will be allowed to operate the DJI Phantom 2 

Vision+, DJI Inspire 1+, DJI Spreading Wings S800+, 3DR-X8 Octo+ & 3DR Solo+ & 

3DR Aero-m Fixed Wing+, DJI Phantom 3+, H20 Quad UAS+, Matrix Quad+, and 

Skytractor Quad 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+, DJI Inspire 1+, DJI Spreading Wings S800+, 3DR-X8 Octo+ & 3DR Solo+ & 

3DR Aero-m Fixed Wing+, DJI Phantom 3+, H20 Quad UAS+, Matrix Quad+, and 

Skytractor Quad 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, Justin Appleby submits that all flights of the DJI Phantom 2 Vision+, 

DJI Inspire 1+, DJI Spreading Wings S800+, 3DR-X8 Octo+ & 3DR Solo+ & 3DR 

Aero-m Fixed Wing+, DJI Phantom 3+, H20 Quad UAS+, Matrix Quad+, and 

Skytractor Quad UAS's, conducted by the PIC pursuant to the grant of this Petition: (1) 

will be incidental to Justin Appleby's business; and (2) will not carry passengers or 

property for compensation or hire.

2. Extent Of Relief Justin Appleby Seeks And The Reason Justin Appleby

Seeks Relief From Section 91.7(a).

Relief from Section 91.7(a) entitled Civil aircraft airworthiness, is requested to 

the extent required to allow Justin Appleby to determine that the DJI Phantom 2 

Vision+, DJI Inspire 1+, DJI Spreading Wings S800+, 3DR-X8 Octo+ & 3DR Solo+ & 

3DR Aero-m Fixed Wing+, DJI Phantom 3+, H20 Quad UAS+, Matrix Quad+, and 

Skytractor Quad UAS’s are in airworthy condition prior to every flight by ensuring that 

the UAS is in compliance with the operating documents (i.e., the Justin Appleby Aerial 

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

DJI Spreading Wings S800+, 3DR-X8 Octo+ & 3DR Solo+ & 3DR Aero-m Fixed 

Wing+, DJI Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Skytractor Quad 

Instruction Manual).

Justin Appleby seeks the requested relief because the DJI Phantom 2 Vision+, 

DJI Inspire 1+, DJI Spreading Wings S800+, 3DR-X8 Octo+ & 3DR Solo+ & 3DR 

Aero-m Fixed Wing+, DJI Phantom 3+, H20 Quad UAS+, Matrix Quad+, and 

Skytractor Quad UAS’s do not require an airworthiness certificate in accordance with 14 

C.F.R. Part 21, Subpart H. Therefore, Justin Appleby will ensure that the DJI Phantom 2 

Vision+, DJI Inspire 1+, DJI Spreading Wings S800+, 3DR-X8 Octo+ & 3DR Solo+ & 

3DR Aero-m Fixed Wing+, DJI Phantom 3+, H20 Quad UAS+, Matrix Quad+, and 
Skytractor Quad UAS's are in airworthy condition based upon its compliance with the 

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

Inspire 1+, DJI Spreading Wings S800+, 3DR-X8 Octo+ & 3DR Solo+ & 3DR Aero-m 

Fixed Wing+, DJI Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Skytractor Quad , 

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 Justin Appleby Seeks And The Reason Justin Appleby 

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+, DJI Inspire 1+, DJI Spreading Wings 

S800+, 3DR-X8 Octo+ & 3DR Solo+ & 3DR Aero-m Fixed Wing+, DJI Phantom 3+, 

H20 Quad UAS+, Matrix Quad+, and Skytractor QuadQuad , 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), Justin Appleby

seeks the requested relief because the DJI Phantom 2 Vision+, DJI Inspire 1+, DJI 

Spreading Wings S800+, 3DR-X8 Octo+ & 3DR Solo+ & 3DR Aero-m Fixed Wing+, 

DJI Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Skytractor Quad 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+, DJI Inspire 1+, DJI Spreading Wings 

S800+, 3DR-X8 Octo+ & 3DR Solo+ & 3DR Aero-m Fixed Wing+, DJI Phantom 3+, 
H20 Quad UAS+, Matrix Quad+, and Skytractor Quad 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 Justin Appleby Seeks And The Reason Justin Appleby 

Seeks Relief From Section 91.151(b).

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

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

Phantom 2 Vision+, DJI Inspire 1+, DJI Spreading Wings S800+, 3DR-X8 Octo+ & 

3DR Solo+ & 3DR Aero-m Fixed Wing+, DJI Phantom 3+, H20 Quad UAS+, Matrix 

Quad+, and Skytractor Quad 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. Justin Appleby 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+, DJI Inspire 1+, DJI Spreading Wings S800+, 3DR-X8 Octo+ & 

3DR Solo+ & 3DR Aero-m Fixed Wing+, DJI Phantom 3+, H20 Quad UAS+, Matrix 

Quad+, and Skytractor Quad UAs will severely constrain the practicality of any aerial 

video or still photo flight operations that Justin Appleby proposes to conduct pursuant to 

this Petition.

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

Vision+, DJI Inspire 1+, DJI Spreading Wings S800+, 3DR-X8 Octo+ & 3DR Solo+ & 

3DR Aero-m Fixed Wing+, DJI Phantom 3+, H20 Quad UAS+, Matrix Quad+, and 

Skytractor Quadoperating documents, and Justin Appleby proposed operating limitations, 

ensure that Justin Appleby will safely operate the battery powered DJI Phantom 2 
Vision+, DJI Inspire 1+, DJI Spreading Wings S800+, 3DR-X8 Octo+ & 3DR Solo+ & 

3DR Aero-m Fixed Wing+, DJI Phantom 3+, H20 Quad UAS+, Matrix Quad+, and 

Skytractor Quad 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 Justin Appleby Seeks And The Reason Justin Appleby

Seeks Relief From Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), 

And 91.417(a) & (b).

Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) &

(b) only apply to aircraft with an airworthiness certificate, Justin Appleby requests relief 

from these Sections because the DJI Phantom 2 Vision+, DJI Inspire 1+, DJI Spreading 

Wings S800+, 3DR-X8 Octo+ & 3DR Solo+ & 3DR Aero-m Fixed Wing+, DJI Phantom 

3+, H20 Quad UAS+, Matrix Quad+, and Skytractor Quad

UAS's do not require airworthiness certificates. As set forth more fully below, the DJI 

Phantom 2 Vision+, DJI Inspire 1+, DJI Spreading Wings S800+, 3DR-X8 Octo+ & 

3DR Solo+ & 3DR Aero-m Fixed Wing+, DJI Phantom 3+, H20 Quad UAS+, Matrix 

Quad+, and Skytractor Quad meet the conditions of FMRA Section 333 for operation 

without an airworthiness certificate. Accordingly, Justin Appleby will use trained 

technicians to perform maintenance, alterations, or preventive maintenance on the UAS's 

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

(i.e., the Justin Appleby Aerial Operations Manual, Monthly Maintenance Log, and the 

DJI Phantom 2 Vision+, DJI Inspire 1+, DJI Spreading Wings S800+, 3DR-X8 Octo+ & 

3DR Solo+ & 3DR Aero-m Fixed Wing+, DJI Phantom 3+, H20 Quad UAS+, Matrix 

Quad+, and Skytractor Quad, Instruction Manual).

Furthermore, Justin Appleby will document and maintain all maintenance records for 
the DJI Phantom 2 Vision+, DJI Inspire 1+, DJI Spreading Wings S800+, 3DR-X8 

Octo+ & 3DR Solo+ & 3DR Aero-m Fixed Wing+, DJI Phantom 3+, H20 Quad 

UAS+, Matrix Quad+, and Skytractor Quad 

D.The Reasons Why Granting Justin Appleby Request Would Be In The Public 

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

Granting the present Petition will further the public interest by allowing Justin 

Appleby 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+, DJI Inspire 1+, DJI Spreading 

Wings S800+, 3DR-X8 Octo+ & 3DR Solo+ & 3DR Aero-m Fixed Wing+, DJI 

Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Skytractor Quad, UAS's will 

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

the economy. Notably, the benefits of Justin Appleby’s proposed operation of the DJI 

Phantom 2 Vision+, DJI Inspire 1+, DJI Spreading Wings S800+, 3DR-X8 Octo+ & 

3DR Solo+ & 3DR Aero-m Fixed Wing+, DJI Phantom 3+, H20 Quad UAS+, Matrix 

Quad+, and Skytractor QuadUAS's will be realized without implicating any privacy

issues.

1. The Public Will Benefit From Decreased Congestion Of The NAS.

The DJI Phantom 2 Vision+, DJI Inspire 1+, DJI Spreading Wings S800+, 3DRX8 Octo+ & 3DR Solo+ & 3DR Aero-m Fixed Wing+, DJI Phantom 3+, H20 Quad 

UAS+, Matrix Quad+, and Skytractor Quad , 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+, DJI 

Inspire 1+, DJI Spreading Wings S800+, 3DR-X8 Octo+ & 3DR Solo+ & 3DR Aero-m 
Fixed Wing+, DJI Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Skytractor Quad , 

UAS would reduce the amount of manned aircraft in the NAS, reduce noise and air 

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

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

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

DJI Phantom 2 Vision+, DJI Inspire 1+, DJI Spreading Wings S800+, 3DR-X8 Octo+ & 

3DR Solo+ & 3DR Aero-m Fixed Wing+, DJI Phantom 3+, H20 Quad UAS+, Matrix 

Quad+, and Skytractor Quad 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+, DJI Inspire 1+, DJI Spreading Wings 

S800+, 3DR-X8 Octo+ & 3DR Solo+ & 3DR Aero-m Fixed Wing+, 

DJI Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Skytractor 

Quad UAS’s 

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

DJI Spreading Wings S800+, 3DR-X8 Octo+ & 3DR Solo+ & 3DR Aero-m Fixed 

Wing+, DJI Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Skytractor Quad 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+, DJI 

Inspire 1+, DJI Spreading Wings S800+, 3DR-X8 Octo+ & 3DR Solo+ & 3DR Aero-m 

Fixed Wing+, DJI Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Skytractor Quad 

UAS’s 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+, DJI Inspire 1+, DJI 

Spreading Wings S800+, 3DR-X8 Octo+ & 3DR Solo+ & 3DR Aero-m Fixed Wing+, 

DJI Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Skytractor Quad 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+, DJI Inspire 1+, DJI Spreading Wings 

S800+, 3DR-X8 Octo+ & 3DR Solo+ & 3DR Aero-m Fixed Wing+, DJI Phantom 3+, 

H20 Quad UAS+, Matrix Quad+, and Skytractor QuadQuad UAS’s 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+, DJI Inspire 1+, DJI Spreading Wings 

S800+, 3DR-X8 Octo+ & 3DR Solo+ & 3DR Aero-m Fixed Wing+, DJI Phantom 3+, 

H20 Quad UAS+, Matrix Quad+, and Skytractor Quad UAs (weighing approximately 2 

pounds 11 ounces and 6 pounds 7.5 ounces and 8 pounds 2 ounces respectively, at their 

maximum gross weights with lengths of 16 inches and 17.3 inches and 35 inches 

respectively, widths of 16 inches and 17.7 inches and 18 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+, DJI Inspire 1+, DJI Spreading Wings S800+, 3DR-X8 

Octo+ & 3DR Solo+ & 3DR Aero-m Fixed Wing+, DJI Phantom 3+, H20 

Quad UAS+, Matrix Quad+, and Skytractor Quad UAS’s Will Benefit 

The Economy.
In addition to being safe and efficient, the DJI Phantom 2 Vision+, DJI Inspire 

1+, DJI Spreading Wings S800+, 3DR-X8 Octo+ & 3DR Solo+ & 3DR Aero-m Fixed 

Wing+, DJI Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Skytractor Quad UAS’s 

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

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

Spreading Wings S800+, 3DR-X8 Octo+ & 3DR Solo+ & 3DR Aero-m Fixed Wing+, 

DJI Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Skytractor Quad UAS’s will 

allow United States based companies, like Justin Appleby and, 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 order to remain competitive. Operating the battery powered DJI 

Phantom 2 Vision+, DJI Inspire 1+, DJI Spreading Wings S800+, 3DR-X8 Octo+ & 

3DR Solo+ & 3DR Aero-m Fixed Wing+, DJI Phantom 3+, H20 Quad UAS+, Matrix 

Quad+, and Skytractor Quad UAS’s 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+, DJI Inspire 1+, DJI Spreading Wings 

S800+, 3DR-X8 Octo+ & 3DR Solo+ & 3DR Aero-m Fixed Wing+, DJI Phantom 3+, 

H20 Quad UAS+, Matrix Quad+, and Skytractor Quad UAS's, companies such as Justin 

Appleby, 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+, DJI Inspire 1+, DJI Spreading Wings S800+, 3DR-
X8 Octo+ & 3DR Solo+ & 3DR Aero-m Fixed Wing+, DJI Phantom 3+, H20 Quad 

UAS+, Matrix Quad+, and Skytractor Quad UAS's, 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, Justin Appleby’s proposed operation of the DJI Phantom 2 Vision+, DJI Inspire 

1+, DJI Spreading Wings S800+, 3DR-X8 Octo+ & 3DR Solo+ & 3DR Aero-m Fixed 

Wing+, DJI Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Skytractor Quad UAS’s 

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

Inspire 1+, DJI Spreading Wings S800+, 3DR-X8 Octo+ & 3DR Solo+ & 3DR Aero-m 

Fixed Wing+, DJI Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Skytractor Quad 

UAS’s will be operated only in compliance with operating documents (i.e. Monthly

Maintenance Log, and the DJI Phantom 2 Vision+, DJI Inspire 1+, DJI Spreading Wings 

S800+, 3DR-X8 Octo+ & 3DR Solo+ & 3DR Aero-m Fixed Wing+, DJI Phantom 3+, 

H20 Quad UAS+, Matrix Quad+, and Skytractor Quad , 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. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, 

Or How The Exemption Would Provide A Level Of Safety At Least Equal To 

That Provided By The Rule From Which Justin Appleby Seeks Exemption.

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

Spreading Wings S800+, 3DR-X8 Octo+ & 3DR Solo+ & 3DR 

Aero-m Fixed Wing+, DJI Phantom 3+, H20 Quad UAS+, Matrix 
Quad+, and Skytractor Quad 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, Justin Appleby’s operation of the DJI 

Phantom 2 Vision+, DJI Inspire 1+, DJI Spreading Wings S800+, 3DR-X8 Octo+ & 

3DR Solo+ & 3DR Aero-m Fixed Wing+, DJI Phantom 3+, H20 Quad UAS+, Matrix 

Quad+, and Skytractor Quad UAS’s meet the regulation and 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 rulemaking required by section 332 of this Act or the guidance 

required by section 334 of this Act.

(b) Assessment of Unmanned Aircraft Systems.--In making the 

determination under subsection (a), the Secretary shall determine, at a 

minimum--

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

size, weight, speed, operational capability, proximity to airports and 

populated areas, and operation within visual line of sight do not 

create a hazard to users of the national airspace system or the public 

or pose a threat to national security; and

(2) whether a certificate of waiver, certificate of authorization, or 

airworthiness certification under section 44704 of title 49, 

United States Code, is required for the operation of unmanned 

aircraft systems identified under paragraph (1).

(c) Requirements for Safe Operation.--If the Secretary determines under this 

section that certain unmanned aircraft systems may operate safely in the 

national airspace system, the Secretary shall establish requirements for 
the safe operation of such aircraft systems in the national airspace system.

In seeking this exemption, Justin Appleby submits that the DJI Phantom 2 

Vision+, DJI Inspire 1+, DJI Spreading Wings S800+, 3DR-X8 Octo+ & 3DR Solo+ & 

3DR Aero-m Fixed Wing+, DJI Phantom 3+, H20 Quad UAS+, Matrix Quad+, and 

Skytractor Quad UAS’s can operate safely in the NAS pursuant to FMRA Section 333, 

as demonstrated by: (a) the characteristics of the DJI Phantom 2 Vision+, DJI Inspire 

1+, DJI Spreading Wings S800+, 3DR-X8 Octo+ & 3DR Solo+ & 3DR Aero-m Fixed 

Wing+, DJI Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Skytractor Quad UAS's; 

(b) The pilot certification requirement; And (c) the specific operating limitations.

a. The Specifications Of The DJI Phantom 2 Vision+, DJI Inspire 1+, DJI 

Spreading Wings S800+, 3DR-X8 Octo+ & 3DR Solo+ & 3DR Aero-m 

Fixed Wing+, DJI Phantom 3+, H20 Quad UAS+, Matrix Quad+, and 

Skytractor Quad UAS’s Demonstrate Its Safe Characteristics.

The DJI Phantom 2 Vision+, DJI Inspire 1+, DJI Spreading Wings S800+, 3DRX8 Octo+ & 3DR Solo+ & 3DR Aero-m Fixed Wing+, DJI Phantom 3+, H20 Quad 

UAS+, Matrix Quad+, and Skytractor Quad UAS’s 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+, 

DJI Inspire 1+, DJI Spreading Wings S800+, 3DR-X8 Octo+ 

& 3DR Solo+ & 3DR Aero-m Fixed Wing+, DJI Phantom 

3+, H20 Quad UAS+, Matrix Quad+, and Skytractor Quad 

UAS’s 

The technical specifications of the DJI Phantom 2 Vision+, DJI Inspire 1+, DJI

Spreading Wings S800+, 3DR-X8 Octo+ & 3DR Solo+ & 3DR Aero-m Fixed Wing+, 

DJI Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Skytractor Quad UAS’s are set 

forth by the DJI Phantom 2 Vision+, DJI Inspire 1+, DJI Spreading Wings S800+, 3DRX8 Octo+ & 3DR Solo+ & 3DR Aero-m Fixed Wing+, DJI Phantom 3+, H20 Quad 

UAS+, Matrix Quad+, and Skytractor Quad Specifications and Data Sheet, attached 
hereto as Exhibit A, B and C.

ii. The DJI Phantom 2 Vision+, DJI Inspire 1+, DJI Spreading Wings 

S800+, 3DR-X8 Octo+ & 3DR Solo+ & 3DR Aero-m Fixed Wing+, 

DJI Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Skytractor 

Quad UAS’s Autonomous Flight And Navigation Modes Enable 

The UAS's To Remain Within A Defined Operational Area.

The DJI Phantom 2 Vision+, DJI Inspire 1+, DJI Spreading Wings S800+, 3DRX8 Octo+ & 3DR Solo+ & 3DR Aero-m Fixed Wing+, DJI Phantom 3+, H20 Quad 

UAS+, Matrix Quad+, and Skytractor Quad UAS’s may be operated in both manual and 

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

modes of the DJI Phantom 2 Vision+, DJI Inspire 1+, DJI Spreading Wings S800+, 

3DR-X8 Octo+ & 3DR Solo+ & 3DR Aero-m Fixed Wing+, DJI Phantom 3+, H20 

Quad UAS+, Matrix Quad+, and Skytractor Quad , UAS's is provided at pages 25-35 of 

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

Manuals, attached hereto as Exhibit D, E and F.

iii. The DJI Phantom 2 Vision+, DJI Inspire 1+, DJI Spreading Wings 

S800+, 3DR-X8 Octo+ & 3DR Solo+ & 3DR Aero-m Fixed Wing+, DJI Phantom 

3+, H20 Quad UAS+, Matrix Quad+, and Skytractor Quad , UAS's 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+, DJI Inspire 1+, DJI

Spreading Wings S800+, 3DR-X8 Octo+ & 3DR Solo+ & 3DR Aero-m Fixed Wing+, 

DJI Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Skytractor Quad , UAs will 

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

2 Vision+, DJI Inspire 1+, DJI Spreading Wings S800+, 3DR-X8 Octo+ & 3DR Solo+ 

& 3DR Aero-m Fixed Wing+, DJI Phantom 3+, H20 Quad UAS+, Matrix Quad+, and 
Skytractor Quad , 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.

iv. The DJI Phantom 2 Vision+, DJI Inspire 1+, DJI Spreading 

Wings S800+, 3DR-X8 Octo+ & 3DR Solo+ & 3DR Aero-m Fixed 

Wing+, DJI Phantom 3+, H20 Quad UAS+, Matrix Quad+, and 

Skytractor Quad , GCS And Its Operation.

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

Vision+, DJI Inspire 1+, DJI Spreading Wings S800+, 3DR-X8 Octo+ & 3DR Solo+ & 

3DR Aero-m Fixed Wing+, DJI Phantom 3+, H20 Quad UAS+, Matrix Quad+, and 

Skytractor Quad , GCS and flight control software is provided at pages 32 through 43 of 

the DJI Phantom 2 Vision+, and DJI Spreading Wings S800 User Manual and pages 40 

through 47 of the DJI Inspire 1+, User Manual.

DJI Phantom 2 Vision+, DJI Inspire 1+, DJI Spreading Wings S800+, 3DR-X8 Octo+ 

& 3DR Solo+ & 3DR Aero-m Fixed Wing+, DJI Phantom 3+, H20 Quad UAS+, 

Matrix Quad+, and Skytractor Quad , User Manuals are attached hereto as Exhibits C, 

D, And E

b. Flight Operations Of DJI Phantom 2 Vision+, DJI Inspire 1+, DJI 

Spreading Wings S800+, 3DR-X8 Octo+ & 3DR Solo+ & 3DR Aerom Fixed Wing+, DJI Phantom 3+, H20 Quad UAS+, Matrix Quad+, 

and Skytractor Quad UAS’s Are Limited To The Line Of Sight Of A 

Certificated Pilot in Command With A Safety Observer.

Justin Appleby will only utilize certificated pilots who possess a current and 

valid airman medical certificate to act as a pilot in command (PIC) of the DJI Phantom 2 

Vision+, DJI Inspire 1+, DJI Spreading Wings S800+, 3DR-X8 Octo+ & 3DR Solo+ & 

3DR Aero-m Fixed Wing+, DJI Phantom 3+, H20 Quad UAS+, Matrix Quad+, and 
Skytractor Quad , UAS's. Additionally, a safety observer will assist all pilots during 

flight time.

c. Flights Of DJI Phantom 2 Vision+, DJI Inspire 1+, DJI Spreading 

Wings S800+, 3DR-X8 Octo+ & 3DR Solo+ & 3DR Aero-m Fixed 

Wing+, DJI Phantom 3+, H20 Quad UAS+, Matrix Quad+, and 

Skytractor Quad UAS’s Will Be Conducted Pursuant To Specific 

Operating Limitations.

In seeking this exemption, Justin Appleby proposes to commercially operate DJI 

Phantom 2 Vision+, DJI Inspire 1+, DJI Spreading Wings S800+, 3DR-X8 Octo+ & 

3DR Solo+ & 3DR Aero-m Fixed Wing+, DJI Phantom 3+, H20 Quad UAS+, Matrix 

Quad+, and Skytractor Quad , UAS's for the special purpose of conducting aerial video 

and photography over areas of United States that do not pose any safety discrepancies to 

civilians, 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 UAS's 

weighing less than 55 pounds maximum gross weight: DJI Phantom 2 

Vision+, DJI Inspire 1+, DJI Spreading Wings S800+, 3DR-X8 Octo+ & 3DR 

Solo+ & 3DR Aero-m Fixed Wing+, DJI Phantom 3+, H20 Quad UAS+, 

Matrix Quad+, and Skytractor Quad , 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 by any 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 ATC. 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.

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

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

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

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

condition for safe flight. The 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 UAS's 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 

third- class 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 considered non-participants, 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. §

19.1. 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 NOTAM 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 

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

recovered in accordance with the operating documents.
23. The PIC must abort the flight in the event of unpredicted obstacles or 

emergencies in accordance with the operating documents.

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

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

speed to the intended landing point and land the 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 (NOTAM) not more than 72 hours in 

advance, but not less than 48 hours prior to the operation. All operations shall 

be conducted in accordance with airspace requirements in the ATO issued 

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 Commission (FCC) or other appropriate government 

oversight agency requirements.

28. The documents required fewer than 14 C.F.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.

Justin Appleby 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+, DJI Inspire 1+, DJI Spreading Wings S800+, 3DR-X8 Octo+ & 

3DR Solo+ & 3DR Aero-m Fixed Wing+, DJI Phantom 3+, H20 Quad UAS+, Matrix 

Quad+, and Skytractor Quad , UAS's 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+, DJI Inspire 1+, DJI Spreading Wings S800+, 3DR-X8 

Octo+ & 3DR Solo+ & 3DR Aero-m Fixed Wing+, DJI Phantom 3+, H20 Quad UAS+, 

Matrix Quad+, and Skytractor Quad , UAS in a manner consistent with the exemption,

including evasive and emergency maneuvers and maintaining appropriate distances from 

people, vessels, vehicles and structures.

Considering Justin Appleby’s proposed area of operations, and the operating 

limitations set forth-above; the parallel nature of private pilot aeronautical knowledge 
requirements to those of commercial pilot requirements (See Exemption No. 11062); and 

the airmanship skills necessary to safely operate the DJI Phantom 2 Vision+, DJI Inspire 

1+, DJI Spreading Wings S800+, 3DR-X8 Octo+ & 3DR Solo+ & 3DR Aero-m Fixed 

Wing+, DJI Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Skytractor Quad UAS, 

Justin Applebysubmits that the additional manned airmanship experience of a 

commercially certificated pilot would not correlate to the airmanship skills necessary for 

Justin Appleby’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).

Justin Appleby will not allow any PIC to operate the DJI Phantom 2 Vision+, 

DJI Inspire 1+, DJI Spreading Wings S800+, 3DR-X8 Octo+ & 3DR Solo+ & 3DR 

Aero-m Fixed Wing+, DJI Phantom 3+, H20 Quad UAS+, Matrix Quad+, and 

Skytractor Quad UAS unless that PIC has demonstrated, by meeting minimum 

flight-hour requirements or the DJI Phantom 2 Vision+, DJI Inspire 1+, DJI Spreading 

Wings S800+, 3DR-X8 Octo+ & 3DR Solo+ & 3DR Aero-m Fixed Wing+, DJI 

Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Skytractor Quad , UAS training and 

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

DJI Inspire 1+, DJI Spreading Wings S800+, 3DR-X8 Octo+ & 3DR Solo+ & 3DR 

Aero-m Fixed Wing+, DJI Phantom 3+, H20 Quad UAS+, Matrix Quad+, and 

Skytractor Quad , 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.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a 

minimum of 5 hours of those hours as a UAS pilot operating the same make and model 

of UAS 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 Justin Appleby’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 10 hours may be 

included in the total 25 hours of UAS 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 experience-building 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, Justin Appleby will ensure safe operations by not allowing any

PIC to operate the DJI Phantom 2 Vision+, DJI Inspire 1+, DJI Spreading Wings 
S800+, 3DR-X8 Octo+ & 3DR Solo+ & 3DR Aero-m Fixed Wing+, DJI Phantom 3+, 

H20 Quad UAS+, Matrix Quad+, and Skytractor Quad , 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+, DJI Inspire 1+, DJI Spreading 

Wings S800+, 3DR-X8 Octo+ & 3DR Solo+ & 3DR Aero-m Fixed Wing+, DJI 

Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Skytractor Quad , 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, Justin Appleby will ensure that the DJI Phantom 2 

Vision+, DJI Inspire 1+, DJI Spreading Wings S800+, 3DR-X8 Octo+ & 3DR Solo+ &

3DR Aero-m Fixed Wing+, DJI Phantom 3+, H20 Quad UAS+, Matrix Quad+, and 

Skytractor Quad , 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+, DJI Inspire 1+, DJI 

Spreading Wings S800+, 3DR-X8 Octo+ & 3DR Solo+ & 3DR Aero-m Fixed Wing+, 

DJI Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Skytractor Quad 
Spreading Wings S800, 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

Justin Applebyoperation of the DJI Phantom 2 Vision+, DJI Inspire 1+, DJI Spreading 

Wings S800+, 3DR-X8 Octo+ & 3DR Solo+ & 3DR Aero-m Fixed Wing+, DJI 

Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Skytractor Quad , 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 UAS's at ground level.

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 (1) the technical specifications of the DJI 

Phantom 2 Vision+, DJI Inspire 1+, DJI Spreading Wings S800+, 3DR-X8 Octo+ & 

3DR Solo+ & 3DR Aero-m Fixed Wing+, DJI Phantom 3+, H20 Quad UAS+, Matrix 

Quad+, and Skytractor Quad , UAS's; (2) the limitations on the proposed flight 

operations; and (3) the location of the proposed flight operations. Accordingly, Justin 

Appleby will ensure that it will safely operate the battery powered DJI Phantom 2 

Vision+, DJI Inspire 1+, DJI Spreading Wings S800+, 3DR-X8 Octo+ & 3DR Solo+ & 

3DR Aero-m Fixed Wing+, DJI Phantom 3+, H20 Quad UAS+, Matrix Quad+, and 
Skytractor Quad , 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+, DJI Inspire 1+, DJI Spreading Wings S800+, 3DR-X8 Octo+ & 3DR Solo+ & 

3DR Aero-m Fixed Wing+, DJI Phantom 3+, H20 Quad UAS+, Matrix Quad+, and 

Skytractor Quad , UAS's; 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+, DJI Inspire 1+, DJI Spreading Wings S800+, 3DR-X8 Octo+ & 3DR Solo+ & 

3DR Aero-m Fixed Wing+, DJI Phantom 3+, H20 Quad UAS+, Matrix Quad+, and 

Skytractor Quad , UAS's provide audible and visual warnings to the PIC at the GCS 

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

approximately 30% remaining battery power, and again at approximately 10% remaining 

battery power. At the critically low battery level, the DJI Phantom 2 Vision+, DJI Inspire 

1+, DJI Spreading Wings S800+, 3DR-X8 Octo+ & 3DR Solo+ & 3DR Aero-m Fixed 

Wing+, DJI Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Skytractor Quad , UAS's 

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 of the UAS are considered. Relief has 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).

6. Reasons Why An Exemption From The Requirements Of Sections 

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) 

Would Not Adversely Affect Safety.

In seeking this exemption, Justin Appleby 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)(1) & (a)(2), and 91.417(a) & (b) will be 

met because Justin Appleby will use trained technicians to perform maintenance, 

alterations, or preventive maintenance on the UAS's using the methods, techniques, and 

practices prescribed in the operating documents (i.e., the Justin Appleby Aerial 

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

1+, DJI Spreading Wings S800+, 3DR-X8 Octo+ & 3DR Solo+ & 3DR Aero-m Fixed 

Wing+, DJI Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Skytractor Quad , 

Instruction Manual). Furthermore, Justin Appleby will document and maintain all 

maintenance records for the DJI Phantom 2 Vision+, DJI Inspire 1+, DJI Spreading 

Wings S800+, 3DR-X8 Octo+ & 3DR Solo+ & 3DR Aero-m Fixed Wing+, DJI 

Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Skytractor Quad UAS’s 

Since the DJI Phantom 2 Vision+, DJI Inspire 1+, DJI Spreading Wings 

S800+, 3DR-X8 Octo+ & 3DR Solo+ & 3DR Aero-m Fixed Wing+, DJI Phantom 3+, 

H20 Quad UAS+, Matrix Quad+, and Skytractor Quad , UAS's will be inspected as 

prescribed by the operating documents, Justin Appleby will maintain the equivalent 

level of safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2).

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

Appleby 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 of the 

DJI Phantom 2 Vision+, DJI Inspire 1+, DJI Spreading Wings S800+, 3DR-X8 Octo+ 

& 3DR Solo+ & 3DR Aero-m Fixed Wing+, DJI Phantom 3+, H20 Quad UAS+, Matrix 

Quad+, and Skytractor Quad UAS’s 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)(1), 91.409(a)(1) & (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 of Justin Appleby’s proposed operating limitations, the 

operating documents, and the technical aspects of the DJI Phantom 2 Vision+, DJI 

Inspire 1+, DJI Spreading Wings S800+, 3DR-X8 Octo+ & 3DR Solo+ & 3DR Aero-m 

Fixed Wing+, DJI Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Skytractor Quad , 

UAS's, Justin Appleby submits that safety will not be adversely affected by granting 

exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) 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).

7. The FAA May Prescribe Any Other Conditions For Safe Operation.

In accordance with Section 333 of the FAA Modernization and Reform Act of 

2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, Justin Appleby requests 

that the FAA prescribe special conditions for the intended operation of the DJI Phantom 2 

Vision+, DJI Inspire 1+, DJI Spreading Wings S800+, 3DR-X8 Octo+ & 3DR Solo+ & 
3DR Aero-m Fixed Wing+, DJI Phantom 3+, H20 Quad UAS+, Matrix Quad+, and 

Skytractor Quad , UAS's, 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)(1), 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 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.F.R.

§ 21.16, for operation of the DJI Phantom 2 Vision+, DJI Inspire 1+, DJI Spreading 

Wings S800+, 3DR-X8 Octo+ & 3DR Solo+ & 3DR Aero-m Fixed Wing+, DJI 

Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Skytractor Quad UAS's, 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.F.R. § 21.16, the 

FAA may prescribe special conditions for Justin Applebyintended operation of the DJI 

Phantom 2 Vision+, DJI Inspire 1+, DJI Spreading Wings S800+, 3DR-X8 Octo+ & 

3DR Solo+ & 3DR Aero-m Fixed Wing+, DJI Phantom 3+, H20 Quad UAS+, Matrix 

Quad+, and Skytractor Quad , UAS's, 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)(1), 

91.409(a)(1) & (a)(2), and 91.417(a) & (b).

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

Rules From Which Justin ApplebySeeks Exemption:

Justin Appleby seeks exemption from the requirements of 14 C.F.R Sections 

61.113(a)&(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1)

& (a)(2), and 91.417(a) & (b).

A Brief Description Of The Nature Of The Exemption Justin 

ApplebySeeks:

This exemption will permit Justin Appleby to commercially operate an 

Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and 

photography over certain areas of the United States.

· Any Additional Information, Views, Or Arguments Available To Support 

Justin Appleby’s Request.

This Petition is made pursuant to the FAA Modernization and Reform Act of 

2012

(FMRA) Section 333, which directs the Secretary of Transportation to determine if 

certain UAS may operate safely in the NAS. As such, Justin Appleby’s request for 

exemption may be granted pursuant to the authority of FMRA Section 333 and 14 C.F.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, Justin Appleby will operate the DJI Phantom 2 

Vision+, DJI Inspire 1+, DJI Spreading Wings S800+, 3DR-X8 Octo+ & 3DR Solo+ 

& 3DR Aero-m Fixed Wing+, DJI Phantom 3+, H20 Quad UAS+, Matrix Quad+, 

and Skytractor Quad , UAS's 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, Justin Appleby seeks an exemption pursuant to 14 C.F.R. §

11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), 

which will permit safe operation of the DJI Phantom 2 Vision+, DJI Inspire 1+, DJI 

Spreading Wings S800+, 3DR-X8 Octo+ & 3DR Solo+ & 3DR Aero-m Fixed Wing+, 

DJI Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Skytractor Quad UAS’s 

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 Justin Appleby to safely, efficiently, and economically operate the DJI 

Phantom 2 Vision+, DJI Inspire 1+, DJI Spreading Wings S800+, 3DR-X8 Octo+ & 

3DR Solo+ & 3DR Aero-m Fixed Wing+, DJI Phantom 3+, H20 Quad UAS+, Matrix 

Quad+, and Skytractor Quad UAS’s commercially within the NAS.

WHEREFORE, in accordance with the Federal Aviation Regulations and the 

FAA Modernization and Reform Act of 2012, Section 333, Justin Appleby respectfully 

requests that the Administrator grant this Petition for an exemption from the requirements 

of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a),

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit Justin Appleby to 

operate the DJI Phantom 2 Vision+, DJI Inspire 1+, DJI Spreading Wings S800+, 3DRX8 Octo+ & 3DR Solo+ & 3DR Aero-m Fixed Wing+, DJI Phantom 3+, H20 Quad 

UAS+, Matrix Quad+, and Skytractor Quad UAS's commercially for the purpose of 

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

Dated: January 18, 2016
Respectfully submitted, 

Justin Appleby

Justin Appleby

Justin Appleby

Po box 1238

West Yellowstone, MT 59758

206-641-6272

Email:

justinappleby@msn.com