Timothy J. Rikard

4970 Fairmont RD S. E.

Smyrna, GA 30082

678-481-8459

timrikard@yahoo.com

The following petition is submitted by Timothy J. Rikard, Petitioner, and made to

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC 20591

for an exemption from Title 14, Code of Federal Regulations (14 CFR) Sections 45.23(a)(b); 45.27(a); 

45.29; 47.15; 91.7(a); 91.119(b)(c); 91.121, 91.151(a); 91.405(a); 91.407(a)(1); 91.409(a)(2); and 

91.417(a) & (b).

ALL OPERATIONS WILL BE CONDUCTED BELOW 300 FEET, WITHINVISUAL-LINE-OF-SIGHT, DURING 

DAYLIGHT HOURS AND ROUGHLY FIVE MILES AWAY FROM ANY AIRPORT OR HELIPORT LOCATION.

PREVIOUS GRANT OF EXEMPTION

I submit the following approved exemption as reference (a):

Exemption No. 11191 / Regulatory Docket No. FAA–2014–0915

By letter dated July 12, 2014, Mr. Michael Singer of Singer’s Creations, of Harrisburg, PA., petitioned the 

Federal Aviation Administration (FAA) for an exemption from 14 CFR Part 21, Subpart H; 14 CFR 61.113 

(a) and (b); 14 CFR 91.109; 14 CFR 91.121; 14 CFR 91.151; (a); 14 CFR 91.405 (a); 14 CFR 91.407 (a)(l); 14 

CFR 91.409 (a)(l); 14 CFR 91.409 (a)(2); 14 CFR 91.417 (a) and (b) of Title 14, Code of Federal Regulations 

(14CFR). The proposed exemption would allow Singer’s Creations to operate the PHANTOM 2 Vision+ 

quadcopter unmanned aircraft system (UAS) to conduct aerial videography and cinematography to 

enhance academic community awareness for those individuals and companies unfamiliar with the 

geographical layout of the metro Tucson area and augment real estate listing videos.

The FAAs decision pertaining to Exemption No. 11191:

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

pursuant to the authority contained in 49 U.S.C. 106(f), and40113, 44701, delegated to me by the 

Administrator, Singer’s Creations is granted an exemption from 14 CFR §§ 61.113(a), 91.7(a), 91.119(c), 

91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b) to the extent 
necessary to conduct aerial photography and videography for homeowners, realtors, home builders, 

home contractors, and/or home inspectors for use in real estate marketing and inspections of home 

exteriors.”

************

CURRENT PETITION FOR EXEMPTION

I, Timothy J. Rikard, submit the following:

Summary of request

I am submitting this petition pursuant to the FAA Modernization and Reform Act of 2012 and the 

procedures contained within 14 C.F.R. 11, so that I may operate the DJI PHANTOM 2 Vision+ (or similar, 

should newer, safer and/or more advanced models become available) quadcopter unmanned aircraft 

system (UAS) for the limited purpose of conducting aerial photography and videography below 300 feet 

AGL and further than 5 miles from any airport or heliport, in order to safely and legally capture aerial 

photography and videography for use by owners of commercial and residential properties, building 

contractors and inspectors, developers, realty agents, and for the inspection of stacks, towers, bridges, 

power lines, wind turbines, generating facilities and other infrastructure for compensation or hire. I will 

also offer at no charge aerial photo/video services to law enforcement and other first responder 

agencies.

In reference (a), Exemption No. 11191 (which is essentially identical to my request), an exemption was 

approved for an individual with no pilot certificate or experience.

Thank you for your time and attention to my request.

Yours truly,

Timothy J. Rikard

U.S. Department of Transportation, Docket Operations

West Building Ground Floor, Room W12-140

1200 New Jersey Avenue, SE

Washington, DC 20590

REQUEST FOR EXEMPTION UNDER SECTION 333 FROM 14 CFR PART 21, 

SUBPART H; 14 CFR 61.113 (A) AND (B); 14 CFR 91.109; 14 CFR 91.121; 14 CFR 
91.151; (A); 14 CFR 91.405 (A); 14 CFR 91.407 (A)(L); 14 CFR 91.409 (A)(L); 14 CFR 

91.409 (A)(2);14 CFR 91.417 (A) AND (B)

Dear Sir or Madam:

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (the 

Reform Act) and 14 CFR Part 11, Petitioner hereby applies for an exemption from the 

listed Federal Aviation Regulations (FARs) to allow commercial use of its Small 

Unmanned Aircraft Systems (SUASs), so long as such operations are conducted within 

and under the conditions outlined herein or as may be established by the FAA as 

required by Section 333.

An exemption is being requested because (1) existing regulations will burden Petitioner,

(2) Petitioner can provide a level of safety that is equal (or greater than in many cases) 

to those provided by existing rules, and (3) the request is in the public interest. The 

FAA's authority to issue exemptions from operating rules, and the Secretary's authority 

granted by Section 333 of P.L. 112-95, Special Rules for Certain Unmanned Aircraft 

Systems, provide an opportunity to authorize certain SUAS operations in the National 

Airspace System (NAS) prior to implementation of the SUAS rule. This incremental step

will allow Petitioner to safely and legally enter into the NAS.

As described in detail below, the requested exemption would permit Petitioner to 

operate SUASs under controlled conditions in airspace that is (1) limited, (2) 

predetermined, (3) controlled as to access, and (4) would provide safety enhancements 

to the already safe operations of those aircraft of similar size, weight, speed, and 

operating capability that have been granted entry into the NAS via the rules in Academy 

of Model Aeronautics (AMA) National Aircraft Safety Code.1
ALL COMMERCIAL OPERATIONS WILL BE CONDUCTED BELOW 300

FEET, WITHIN VISUAL-LINE-OF-SIGHT, DURING DAYLIGHT HOURS 

AND ROUGHLY FIVE MILES AWAY FROM ANY AIRPORT OR HELIPORT 

LOCATION.

Approval of this exemption would thereby greatly enhance safety and fulfill the 

Secretary of Transportation's (the Secretary) responsibilities to " ... establish 

requirements for the safe operation of such aircraft systems in the national airspace 

system" per Section 333 (c) of the Reform Act.2

Petitioner is requesting exemption from the following regulations: 14 CFR Part 21, 

Subpart H 14

CFR 61.23 (a)

14 CFR 61.113 (a) and (b) 14

CFR 91.109

14 CFR 91.121

14 CFR 91.151 (a) 14

1 See the attached" AMA SafetyCode.pdf document.

2 Petitioner interprets this provision to place the duty on the Secretary to not only process applications for 

exemptions under section 333 of the Reform Act, but for the Secretary to craft conditions for safe 

operations of SUAS, if it should be determined that the conditions set forth herein do not fulfill the 

statutory requirements for approval.

CFR 91.405 (a) 14 CFR 91.407 (a)(l) 14 CFR 91.409 (a)(l) 14 CFR 91.409 (a)(2)

14 CFR 91.417 (a) and (b)

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

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

whether certain unmanned aircraft systems may operate safely in the NAS before 

completion of the rulemaking required under Section 332 of the Reform Act. In making 
this determination, the Secretary is required to determine which types of SUAS’ do not 

create a hazard to users of the NAS, to the public, or pose a threat to national security.

Section 333 of the Reform Act grants the Secretary authority to determine (1) if an 

unmanned aircraft system, as a result of its size, weight, speed, operational capability, 

proximity to airports and populated areas, and operation within visual line of sight 

(VLOS) does not create a hazard to users of the NAS or the public, or pose a threat to 

national security, and (2) whether a certificate of waiver, certificate of authorization, or 

airworthiness certification under 49 USC 44704 is required for the operation of civil 

(nongovernmental) UASs. Therefore, if the Secretary determines that such vehicles 

"may operate safely in the national airspace system, the Secretary shall establish 

requirements for the safe operation of such aircraft in the national airspace system". 3

Operation Overview

Petitioner’s DJI Phantom 2 Vision+ (“SUAS”) is a quadcopter, weighing 3 or fewer Ibs. 

(including payload). The aircraft has the capability to hover and move in the vertical and 

horizontal planes simultaneously. They will operate only in visual line of slight (VLOS) 

and will operate only in tightly controlled and limited airspace. They are capable of 

operating at speeds of up to 29 knots, but will be routinely operated at much lower

3 Reform Act Section 333 (b)

speeds. They will routinely be operated below 300 feet above ground level (AGL), and 

unless and until regulations permit otherwise, never about 400 feet AGL.

Aerial photography and videography services will be offered for use by owners of 

commercial and residential properties, building contractors and inspectors, developers, 

realty agents, law enforcement and other first responders, and for the inspection of 

stacks, towers, bridges, power lines, wind turbines, generating facilities and other 

infrastructure. All operations (with the possible exception of assisting law 

enforcement/first responders) will be conducted on private property and with the written 
and/or oral permission of the property owner(s). Operations will always be conducted in 

areas that are clear of people, except the pilot in command (PIC) and the PIC's 

helper(s). Such operations will ensure that the UAS will "not create a hazard to users of 

the national airspace system or the public" 4

Aircraft

Petitioner operates a Phantom 2 Vision+ (Phantom) SUAS manufactured by DJI, a wellknown leader in quadcopter technology. DJI strives to bring new perspectives to aerial 

work and helps companies accomplish feats safer, faster, and with greater efficiency. 

They have an unparalleled commitment to R&D, a culture of constant innovation, and a 

focus on transforming complex technology into easy-to-use devices.

The standard Phantom quadcopter package includes the Phantom itself, camera, 

gimbal, propulsion system, flight control system, 5.8 GHz remote controller, and 2.4 

GHz Wi-Fi communication system. The remote uses a 5.8 GHz frequency to prevent 

interference with the video/telemetry channel. This second channel allows for a constant 

connection with the Phantom to monitor it via a smartphone that is attached to the 

remote controller.

The Phantom is about 1 foot square in size. It has a maximum ascent speed of 11

4 http://www.dji.com/product/phantom-2-vision-plus

knots, a maximum descent speed of 3 knots, and a maximum flight speed of 29 knots. 

While operating within VLOS, the remote control has a range of 2,624 feet. The total 

weight (including the payload) is 2.55 pounds. 5

The Phantom is equipped with a DJI Naza-M V2 flight control system. This provides for 

incredible ease of use and stability. Pilots can control the Phantom's movements in 

many directions - including forward and backward, climb and descend, yaw (turn left 

and right), and roll (bank left or right). The flight control system can also provide 
Intelligent Orientation Control (IOC), failsafe, battery level warnings, and show the 

aircraft's current heading, direction, and approximate distance from home on the onscreen radar. The built-in GPS system aids in stabilizing the aircraft and automatically 

and safely returns it back to its home point if communication between the remote control 

and quadcopter are lost or the battery level becomes too low.

The Inertial Measurement Unit (IMU) has a built-in inertial sensor and a barometric 

altimeter that measures both attitude (ATTI) and altitude. The inertial measurement tells 

the Phantom how it's tilted. And the gyros tell it if it's rotating in any particular direction.

The Phantom's compass reads geomagnetic information and assists the Global 

Positioning System (GPS) to accurately calculate the position and height of the aircraft. 

The vertical hover accuracy is +/- 2.6 ft. The horizontal hover accuracy is +/- 8.2 ft.

The Phantom has LED flight indicators beneath each of its four rotor arms. The LEDs 

illuminate to indicate the status of the flight control system and alert the PIC of any 

possible issues.

Such highly advanced capabilities will ensure that the Phantom can be safely operated 

and "not create a hazard to users of the national airspace system or the public." 6

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

6 Reform Act Section 333 (b)

Equivalent Level of Safety

In an effort to join the FAA in its mission to provide the safest, most efficient aerospace 

system in the world and to minimize the risk to the NAS or to persons and property on 

the ground, Petitioner agrees to be bound by the following limitations and conditions 

when conducting commercial operations under an FAA issued exemption:
A. For the purposes of ensuring the aircraft will be operated within the standards that 

the FAA has allowed in the AMA National Model Aircraft Safety Code, except as 

modified or superseded by the proposed FAR Part 107:

1. SUASs will not be flown:

a. In a careless or reckless manner.

b. At a location where SUAS activities are prohibited.

2.SUAS pilots will:

a. Yield the right of way to all human-carrying aircraft.

b. See and avoid all aircraft and a spotter will be used when appropriate. 7

c. Not conduct commercial operations higher than 200 feet above ground level or 

within five (5) miles of an airport or heliport without notifying the airport operator, 

until such time as the FARs have been written or revised to permit higher flights 

or flights closer to an airport.

d. Not interfere with operations and traffic patterns at any airport, heliport or 

seaplane base except where there is a mixed-useagreement.

e. Not exceed a takeoff weight of 55 pounds (including payload).

f. Ensure that the aircraft is identified by affixing the owner's contact information 

to the outside of the SUAS.

7 AMA Document #540-D

g. Not operate SUAS while under the influence of alcohol or while using any drug 

that could adversely affect the PIC's ability to safely control the model.

h. Not operate SUASs carrying pyrotechnic devices that explode or burn, or any

device that propels a projectile or drops any object that creates a hazard to 

persons or property.

3. SUASs will not be flown unless:
a. The aircraft, control system and pilot skills have successfully demonstrated all 

maneuvers intended or anticipated prior to the specific event.

b. An inexperienced pilot is assisted by an experienced pilot.

4. All pilots will avoid flying directly over unprotected people, vessels, vehicles or 

structures and shall avoid endangerment of life and property of others.

5. A successful radio equipment ground-range check in accordance with manufacturer's 

recommendations will be completed before the first flight of a new or repaired model 

aircraft.

6. SUASs will use the radio-control frequencies currently allowed by the Federal 

Communications Commission (FCC).

7. SUASs will not knowingly operate within five (5) miles of any pre-existing flying site 

without a frequency-management agreement.8

8. Excluding takeoff and landing, no SUASs will be flown outdoors closer than 25 feet 

to any individual, except for the PIC and the PIC's helper(s) located at 

the takeoff/landing site.

9. Under no circumstances will a pilot or other person touch a SUAS in flight while it is 

still under power, except to divert it from striking an individual.

10. The PIC of the SUAS shall:

a. Maintain control during the entire flight, maintaining visual

8 AMA Documents #922 and #923

contact without enhancement other than by corrective lenses

prescribed for the pilot.

b. Fly using the assistance of a camera or First-Person View (FPV) only in 

accordance with the procedures outlined in AMA Document #550.

c. Fly using the assistance of autopilot or stabilization system only in accordance 

with the procedures outlined in AMA Document #560.
11. The flying area will be clear of all utility wires or poles and, except for utility line 

inspections, an SUAV will not be flown closer than 50 feet to any above-ground electric 

utility lines.

12. The flying area will be clear before the engines are started, except for PIC and the 

PIC's helper(s).

B. In addition to the above rules outlined by the AMA National Model Aircraft Safety 

Code and in an effort to enhance the safety offered by the already safe operations 

mentioned above, Petitioner also agrees to be bound by the following limitations and 

conditions:

1. Flights will be operated within VLOS of the PIC.

2. Maximum total flight time for each operational flight will be 30 minutes. Flights will be 

terminated at 25% battery power reserve should that occur prior to the 30 minute limit.

3. The SUAS will only operate in tightly controlled and limited

airspace.

4. A briefing will be conducted in regard to the planned SUAS operations prior to each 

flight. It will be mandatory that all personnel who will be performing duties within the 

boundaries of the safety perimeter be present for this briefing.

5. The PIC and the PIC's helper(s) will have been trained in operation of SUAS and 

received up-to-date information on the particular SUAS to be

operated.

6. The pilot and the PIC's helper(s) will at all times be able to communicate by voice.

7. If the SUAS loses communications or loses its GPS signal, the SUAS will have 

capability to return to a pre-determined location within the security perimeter and safely

land.

8. The SUAS will have the capability to abort a flight in case of unpredicted obstacles or 

emergencies.
9. With the possible exception of flights conducted in support of law enforcement/first 

responder operations, all flights will be conducted on private property and with the 

written and/or oral permission of the property owner(s).

10. Flights will always be conducted in areas that are clear of all people, except for the 

PIC and the PIC's helper(s).

11. All flights will be conducted outdoors in visual meteorological conditions (VMC) and 

never during severe weather conditions.

12. Flights will not occur in weather conditions that prevent the PIC from operating 

within visual line-of-sight (VLOS) at all times or in weather conditions that dramatically 

affect the UAS's flight (e.g. high winds).

13. If an operation occurs in an area where people could inadvertently enter the area, 

an operational border will be established with traffic cones.If it is not feasible to use 

traffic cones due to interference with the photography/videography, the PIC's helper(s) 

will be responsible for keeping a safe perimeter around the operation. The operation will 

cease immediately and be rescheduled if it is impossible to establish a safe perimeter 

around the operation.

The operation of SUAS weighing less than 3 pounds, conducted in the strict conditions 

as outlined above, will provide an equivalent level of safety supporting the grant of 

exemptions requested herein, including exempting the applicant from the requirements

of Part 21 and allowing commercial operations.

These lightweight aircraft operate at slow speeds, close to the ground, and in a tightly 

controlled environment. As a result, they offer a much safer way to capture aerial 

photography and videography. Furthermore, the proposed operations represent a safety 

enhancement to the already safe operations that have been granted by the FAA for the 

establishment of the AMA National Model Aircraft Safety Code.

Preflight Action Plan
The PIC will follow a comprehensive pre-flight checklist to ensure that the SUAS is in a 

condition for safe flight. This plan will be revised as needed in order to ensure all known 

safety precautions and/or safety precautions suggested by the manufacturer are being 

accounted for.

A.Pre-flight Inspection

1.Check that the remote control, aircraft battery, Wi-Fi range extender, and smartphone 

are all fully charged.

2.Verify that the aircraft battery is not swollen or damaged in any way. Clean the contact 

needles and pads if necessary.

3.Manually turn the motor shafts to verify they are smooth and without excessive play or 

binding.

4.Verify that the propellers are mounted correctly. Propellers with a black top shall be 

mounted on the mount shafts that have a black dot. Propellers with a silver top shall be 

mounted on the mount shafts that have a silver dot. Each propeller should spin all the 

way down onto the motor shaft.

5.Run finger along the edge of edge of each rotor blade to check for any rough edges.

6.Flex both sides of the rotor blades to check for hairline cracks where the blades 

connect in the center of the rotor.

7. Verify that the landing gear is secure (not cracked/broken/loose).

8. Verify that the compass and compass cable is firmly attached to the

landing gear.

9. Verify that the Micro-SD card has been inserted and formatted.

10.Verify that the damping absorbers are not broken and/or worn.

11.Verify that the anti-drop pins are in place and locked.

12.Remove the gimbal guard and camera lens cap.

13.Verify that the camera is secure and clean. Inspect the camera ribbon cables for 

tears and/or signs of wear.
14.Verify that the smartphone's or tablet’s GPS is enabled.

15.Set the smartphone or tablet to do-not-disturb mode to prevent distractions while 

flying.

16.Set the smartphone or tablet to forget any Wi-Fi networks in range in order to 

prevent the Wi-Fi connection from changing mid-flight.

17.Verify that the smartphone or tablet’s audio is on to ensure the low battery warning 

and other alarms can be heard.

B. Power Up

1. Verify that S1 and S2 switches are in the top position on the remote

control.

2. Power on the equipment in the following sequential order:

a. Range Extender ("System" is blinking green; "Power" is solid

green)

b. Remote Control (2 beeps to indicate it's in FCC mode)

c. Insert and start the Phantom battery.

3.Watch the Phantom LED startup sequence for abnormal indications. The rear LEDs 

should blink green for at least 10-15 seconds to indicate that it locked onto 6+ satellites 

and has marked the home point (for use by the failsafe feature).

4.Calibrate the Phantom's compass.

5.Place the Phantom at least 10 feet away on open, flat ground with

the battery indicators facing towards the PIC.

C. DJI Vision Application

1. Connect the smartphone or tablet Wi-Fi to the range extender.

2. Launch the "DJI Vision" application on the smartphone.
a. Verify that the Wi-Fi connection is "Phantom-#####" and is marked with a 

green dot.

b. Verify the number of satellites is 6+.

c. Verify the Wi-Fi signal strength.

d. Verify that the Phantom and range extender batteries are reporting 

a full charge.

e. Verify that both the PIC's and Phantom's location are the same before taking 

off to ensure the home point has been accurately marked.

f. Verify the location of the Phantom in the "Flight Radar". If it's not in the correct 

position/direction and/or shows a distance of "N/ A", it did not mark the home 

point.

g. Use the "Find my Phantom" feature to ensure the blue (home point location) 

and red (Phantom location) dots are in the same location on the screen.

D. Ready to Fly

1. Verify that the remote control antenna is perpendicular to the ground (pointing 

skyward).

2. Verify that the front, flat face of the range extender is pointed toward the Phantom.

3. Verify that the rear LEDs are still slowly blinking green and still connected to 6+ 

satellites.

4. Start the Phantom motors using the CSC command on the remote control.

5. Verify that the motors are functioning normally, are not making any

unusual noises, and are all spinning at the same speed.

6 .Verify that the area is still clear of obstructions, people, power lines,

etc.

7. Take off and hover at about 6-8 feet above the takeoff point to verify that the 

Phantom has a solid GPS lock. If any abnormalities are noticed (drifting, flying in circles, 

etc.), land immediately and repeat the "Pre-flight Inspection" and "Power Up" 

sequences.
8. Verify that the Phantom holds a steady position while yawing 360

degrees.

9. Verify that the Phantom response appropriately to all controls - yaw

left/right, forward/backward, bank left/right, and throttle up/down.

Preventative Maintenance

A comprehensive preventative maintenance plan will be followed in order to ensure the 

SUAS's software is up-to-date, the batteries are in good health, and the aircraft itself is 

always ready for safe flight9.

Pilot in Command (PIC) Qualifications

The Petitioner is the holder of commercial pilot certificate 2133412, single and multiengine land, single engine sea, with and instrument rating, and is a former certificated 

flight instructor and advanced ground instructor.

The Petitioner holds a Bachelor of Science degree in Business Administration (Aviation 

Administration) granted from the University of North Dakota. Courses in that curriculum 

included lengthy studies of aviation meteorology and airspace regulations and 

restrictions. Accordingly, It may be assumed that the Petitioner (with UH-34 Navy 

helicopter experience and over 1500 hours of fixed wing experience, along with 

hundreds of hours operating various radio controlled helicopters and quadrotors) has

9 See the "Preventative Maintenance Checklist" on page 41 of the attached "PhantomGuide.pdf" 

document.

the skill and ability to safely operate an unmanned aerial vehicle conducting commercial 

operations below 200 feet within strictly controlled, pre-approved airspace. Since there 

are no standards for either private or commercial SUAS pilot certificates, knowledge of 

airspace regulations and dexterity in the control and operation of the SUAS acquired 

from actual operation of the aircraft will be the most important factors in establishing an 

equivalent level of safety.
Furthermore, the petitioner has accomplished the following:

1.Performed in excess of 50 flights with the Phantom.

2.Successfully learned and demonstrated all flight maneuvers in the "Phantom Pilot 

Training Guide".10

3. Studied and is familiar with all sections of the "Phantom 2 Vision+ User

Manual".11

4.Studied and is familiar with all sections of the "Guide to the Phantom 2 Vision & 

Vision+" 12

5.Studied, is familiar with, and can demonstrate (where possible) the "Always Be 

Prepared for the Worst" scenarios.13

Public Interest

Granting this exemption would benefit the public as a whole. SUASs offer a strong 

equivalent or greater level of safety, a reduction in environmental impacts, and are free

from the harmful emissions associated with the manned aircraft that are currently used 

for aerial photography and videography. Due to the small size of the SUAS and the 

tightly controlled and limited airspace in which the SUAS will operate, approval of this 

application presents no risk to the public. Furthermore, the public will be able to legally

10See the attached "PhantomTrainingGuide.pdf" document.

11See the attached "PhantomUserManual.pdf" document.

12See the attached "PhantomGuide.pdf" document.

13 See "Always be prepared for the Worst" on page 13 of the attached "Guide to the

Phantom 2 Vision & Vision+".

acquire aerial photography and videography to help in advertising commercial, 

residential and agricultural property for sale or development, safely accessing high 

and/or awkward areas of a building exteriors to assess damage that needs to be 

repaired, and stack, tower, wind turbine and bridge inspections, and assisting first 

responders at no charge in crowd management and search and rescue operations.

Privacy
Since most of the areas being photographed or videoed will be on private property, 

accessed only after receiving written and/or oral consent by the property owner(s), and 

clear of people except for the PIC and the PIC's helper(s), approval of this application 

presents no risk to the public privacy. And as a former federal law enforcement officer 

the petitioner is cognizant of and sensitive to privacy issues and the necessity to avoid 

invasions of privacy rights.

National Security

Due to the small size of the SUAS and the tightly controlled and limited airspace in 

which the SUAS will operate, approval of this application presents no risk to national 

security.

Requested Exemptions

Petitioner requests exemption from the following regulations since it is not possible to 

fully comply with them, and since attempting to follow them for the purposes of 

operating a SUAS would be unreasonably burdensome:

Airworthiness Certificates 14 CFR Part 21, Subpart H

Subpart H establishes the procedural requirements for the issuance of airworthiness 

certificates as required by FAR 91.203 (a) (1). Given the size and limited operating area 

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

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

Section 333 of the Reform Act. The Federal Aviation

Act (49 USC 44701 (f)) and Section 333 of the Reform Act both authorize the FAA to 

exempt aircraft from the requirement for an airworthiness certificate, upon consideration 

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

populated areas of the particular SUAS. In all cases, an analysis of these criteria 

demonstrates that the SUAS operated without an airworthiness certificate, in the 
restricted environment and under the conditions proposed, will be at least as safe, or 

safer, than a conventional aircraft operating with an airworthiness certificate without the 

restrictions and conditions proposed.

Medical certificates 14 CFR 61.23 (a)

This regulation requires pilots of manned aircraft to hold a medical certificate. Risks 

associated with the operation of the proposed SUAS are greatly diminished from the 

level of risk associated with any manned aircraft due, in part, to the SUAS’ small size, 

light weight, low speed, and operational capabilities which makes it much safer than any 

manned aircraft. And since operations will occur in tightly controlled and limited 

airspace, obtaining and maintaining a medical certificate would not improve the safety of 

the operation. In the very rare case of a mishap, the SUAS being flown will pose 

significantly less of a threat than manned helicopters and fixed wing aircraft because the 

SUASs are a tiny fraction of the size, a fraction of the weight, will be flown at a fraction 

of the speed, carry no flammable fuel, carry no crew or passengers, and will 

autonomously return to home in the event of loss of communications with the pilot.

Civil Aircraft Airworthiness 14 CFR 91.7(a)

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

required to allow Petitioner to determine that the DJI Phantom 2 Vision+ SUAS is in an 

airworthy condition prior to every flight by ensuring that the SUAS is in compliance with 

the DJI Phantom 2 Vision+ User Manual, and that the aircraft is in a condition for safe 

flight.

Petitioner seeks the requested relief because the DJI Phantom 2 Vision+ does not 

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

Therefore, prior to every flight, Petitioner will ensure that the DJI Phantom 2 Vision+ is 

in an airworthy condition based upon a visual inspection, in order to determine that the 

aircraft and its components are in compliance with its type design and operating 
documents (i.e., the Phantom 2 Vision+ User Manual), and that the aircraft can be 

operated safely pursuant to the conditions and limitations stated herein.

Flight instruction 14 CFR 91.109

This regulation provides that no person may operate a civil aircraft (except a manned 

free balloon) that is being used for flight instruction unless that aircraft has fully 

functioning dual controls.

SUASs and other remotely piloted aircraft, by their design, do not have fully functional 

dual controls. Flight control is accomplished through the use of a control box that 

communicates with the aircraft via radio communications. The FAA has approved 

exemptions for flight training without fully functional dual controls for a number of aircraft 

and for flight instruction in experimental aircraft. The equivalent level of safety is 

provided by the fact that neither a pilot nor passengers will be carried in the aircraft and 

by the small size and slow speed of the aircraft.

Altimeter settings 14 CFR 91.121

This regulation requires each person operating an aircraft to maintain cruising altitude 

by reference to an altimeter that is set "... to the elevation of the departure airport or an 

appropriate altimeter setting available before departure." As the SUAS does not have a 

barometric altimeter, but instead a is equipped with a barometric pressure sensor and 

GPS equipment that automatically ensures that a ground level pressure setting will be 

established prior to each

flight, and provides the PIC with altitude information of the aircraft on the heads- up 

display of the remote controller, an exemption may be needed. The operator will 

achieve an equivalent level of safety by confirming the altitude of the launch site shown 

on the GPS altitude indicator before flight.
Fuel Requirements for Flight in VFR Conditions 14 CFR 91.151 (a)

This regulation prohibits an individual from beginning "a flight in an airplane 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 - (1) 

During the day, to fly after that for at least 30 minutes; or (2) At night, to fly after that for 

at least 45 minutes."

The battery powering the SUAS provides a maximum of 35 minutes of powered flight; 

that would make it impossible to meet the 30-minute reserve requirement. Given the 

limitations on the SUAS's proposed flight area and the location of its proposed 

operations within a predetermined area, a shorter time frame for flight in daylight VFR 

conditions is reasonable.

An equivalent level of safety can be achieved by limiting flights to 30 minutes or 25% of 

remaining battery power (whichever occurs first). This restriction would be more than 

adequate to return the SUAS to its planned landing zone from anywhere in its limited 

operating area.

Maintenance Inspections

14 CFR 91.405 (a); 14 CFR 91.407 (a)(l); 14 CFR 91.409 (a)(l); 14 CFR 91.409 (a)(2); 

14 CFR 91.417 (a) and (b)

These regulations require that an aircraft operator or owner "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...", and others shall 

inspect or maintain the aircraft in compliance with Part 43.

Given that these sections and Part 43 apply only to aircraft with an airworthiness 

certificate, they do not apply to the operation of this SUAS. The operator, pursuant to 
the aforementioned DJI Phantom 2 Vision+ user manual and guide, will accomplish any 

required maintenance. An equivalent level of safety will be achieved because these 

small SUASs are very limited in size, will carry a small payload, and operate only in 

restricted areas for limited periods of time. If mechanical issues arise, the SUAS can 

land immediately and will be operating from no higher than 200 feet AGL (until such 

time as regulations permit operations at higher altitudes). As outlined in the 

aforementioned Pre-flight Action Plan, the operator will ensure that the SUAS is in 

working order prior to initiating flight and will perform maintenance as required. 

Moreover, the operator is the person most familiar with the aircraft and best suited to 

maintain the aircraft in an airworthy condition to provide the equivalent level of safety.

In accordance with 14 CFR Part 11, the following summary is provided for publication in 

the Federal Register:

Petitioner seeks an exemption from the following rules: 14 CFR Part 21, Subpart 

H; 14 CFR 61.113 (a) and (b); 14.CFR 91.7(a); 14 CFR 91.109; 14 CFR 91.121; 14 

CFR 91.151; (a); 14 CFR 91.405 (a); 14 CFR 91.407 (a)(l); 14 CFR 91.409 (a)(l) & 

(a)(2); 14 CFR 91.417 (a) and (b) to commercially operate small unmanned aircraft 

systems (55 Ibs. or less) below 200 feet AGL and further than 5 miles from any

airport or heliport, in order to safely and legally capture aerial photography and 

videography for use by homeowners, builders and inspectors, realty agents, first 

responders/law enforcement, and for the inspection of stacks, towers, bridges, 

power lines, wind turbines, generating facilities and other infrastructure.

The operation of SUASs conducted in the strict conditions outlined above, will provide 

an equivalent and/or greater level of safety supporting the grant of the exemptions 

requested herein, including exempting the applicant from the requirements of Part 21 

and allowing commercial operations. These lightweight aircraft operate at slow speeds, 

close to the ground, and in a sterile environment, and as a result, are far safer than 
existing operations conducted with helicopters operating in close proximity to the 

ground, people, or other buildings in the vicinity.

Given the small size of the SUASs involved, the slow speed at which they must be 

operated in order to capture photos and videos, and the restricted environment within 

which they will operate, the Phantom demonstrates that it can be operated within an 

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

exemption, allow commercial operations of SUASs to commence immediately. Also, 

due to the size of the SUASs and the restricted areas in which the relevant SUASs will 

operate, approval of this application presents no threat to national security. Given the 

clear direction in Section 333 of the Reform Act, the authority contained in the Federal 

Aviation Act, the strong equivalent level of safety surrounding the proposed 

operations,the significant public benefit - including enhanced safety, reduction in 

environmental impacts, no emissions, ability to legally obtain aerial photography and 

videography services - the grant of the requested exemptions is in the public interest. 

Accordingly, Petitioner respectfully requests that the FAA grant the requested 

exemption without delay.

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

speed, operating capability, proximity to airports and populated areas, operation within 

the visual line of sight, public safety, and national security - provide more than adequate 

justification to grant petitioner’s requested exemption, allowing for commercial 

operations as described herewith.

CONCLUSION

As set forth herein, Petitioner 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+ SUAS commercially, without an 

airworthiness certificate, for the limited purpose of conducting aerial photography and 
videography for use by owners of commercial and residential properties, realty agents, 

builders, contractors, developers and/or inspectors, first responders/law enforcement, 

and for inspections of stacks, towers, bridges, power lines, wind turbines, generating 

facilities and other infrastructure, and any other lawful purposes, for compensation or 

hire. 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 Petitioner to safely, efficiently, and economically 

operate the DJI Phantom 2 Vision+ SUAS commercially within the NAS.

WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA 

Modernization and Reform Act of 2012, Section 333, Petitioner 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 Petitioner to operate SUAS 

commercially for the purpose of conducting aerial photography and videography for use 

by owners of commercial and residential properties, realty agents, builders, contractors, 

developers and/or inspectors, first responders/law enforcement, and for inspections of 

stacks, towers, bridges, power lines, wind turbines, generating facilities and other 

infrastructure, and any other lawful purposes, for compensation or hire.

Dated: July 8, 2015

Sincerely,

Timothy Jason Rikard