July 27, 2015

Attn:

U. S. Department of Transportation Docket Operations

West Building Ground Floor, Room w12-140

1200 New Jersey Ave, SE Washington, DC 20590

Todd Weeks

2Surge, LLC.

REQUEST AN EXEMPTION 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 3 UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 

333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112-95)

Todd

Owner / President

2Surge, LLC

705 North Greenville, Suite 600-102

Allen, Texas 75002

972-999-0309

info@2surge.com

1
TABLE OF CONTENTS 

 Page 

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

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

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

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

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

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

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

2SURGE, LLC SEEKS EXEMPTION...........................................................................7 

THE EXTENT OF RELIEF 2SURGE, LLC SEEKS AND THE

REASON 2SURG SEEKS THE RELIEF..........................................................................10

THE REASONS WHY GRANTING 2SURGE, LLC’S REQUEST

WOULD BE IN THE PUBLIC INTEREST .........................................................................12

THE REASONS WHY GRANTING THE EXEMPTION TO

2SURGE, LLC WOULD NOT ADVERSELY AFFECT SAFETY......................................14

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER.....................25

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE

TO SUPPORT 2SURGE, LLC..................................................................................25

CONCLUSION......................................................................................................................25 

APPENDICES.......................................................................................... 26-27

2
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)

 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

3
SUMMARY

2Surge, LLC hereafter referred to as 2Surge 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), and 

91.417(a) & (b), to operate an Unmanned Aircraft System (DJI Phantom 3) pursuant to Section 333 of

the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit 2Surge to 

operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial video 

and photography of construction sites, residential and commercial real estate, economic development 

corporations for cities, civil landscapes and events over certain areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

2Surge has been in business since 2008. 2Surge provides their clients with expertise and knowledge in 

video and multimedia marketing, advertising, and public relations using advanced technologies and 

solutions. 2Surge has worked on several productions over the past years in all types of locations with a 

perfect client and employee safety record. The objective of 2Surge and our Unmanned Aircraft System 

(DJI Phantom 3) aerial operations is to provide an affordable, high-quality production system for a 

variety of governmental, commercial, public, and residential uses, specifically targeting

• Real-estate marketing

• Construction sites before and after

• Economic development

• Civic landmarks

• Golf courses 

• Special event and sports coverage

• Film making

Our staff has safely flown small RC electric quadcopters recreationally for approximately 1 year

without incident.

BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 3, UAS

2Surge seeks an exemption to operate DJI Phantom 3 system for compensation or hire within the NAS. 

The DJI Phantom 3 is vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground 

Control Station (GCS) utilizing electronic tablet or smart phone systems. The DJI Phantom 3 has a 

maximum gross weight of approximately 2.8 lb. while having a diagonal dimension of 23.2”, a 

maximum speed of approximately 16.4’fps and a maximum flying height of 400'. The DJI Phantom 3 is 

equipped with four main rotors; driven by Lithium Polymer battery powered electric motors. 
4

The DJI Phantom 3 that will be operated by 2Surge 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, 2Surge, 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 3, UAS 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, 2Surge operation of DJI Phantom 3 UAS 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, 2Surge 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.

2Surge submits that the requested relief is proper since an equivalent level of safety will be ensured. 

2Surge will use experienced personnel or technicians to perform maintenance, alterations, or preventive 

maintenance on the UAS using the methods, techniques, and practices prescribed in the operating 

documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual). Furthermore, 

2Surge will document and maintain all maintenance records for the DJI Phantom 3 UAS.

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

limitations: Pilot in command, is requested by 2Surge 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 UAS in a manner consistent with this exemption, 

including evasive and emergency maneuvers and maintaining appropriate distances from people, 

vessels, vehicles and structures.

2Surge seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, because the DJI Phantom 

3 UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As 

such, 2SURGE Photography/Video submits that they will ensure that the DJI Phantom 3 UAS is in an 

airworthy condition, prior to every flight, by determining that the UAS are in compliance with the 

operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual), and that 

the aircraft are in a condition for safe flight. 

5
2Surge also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings, 

as the DJI Phantom 3 UAS will not have a typical barometric altimeter onboard. However, altitude 

information of the DJI Phantom 3 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 2Surge's 

operation of the DJI Phantom 3 UAS within visual line of sight, at or below 400 feet AGL, will ensure 

a level of safety equivalent to Section 91.121.

Additionally, 2Surge seeks an exemption from the requirements of Section 91.151(b), entitled Fuel 

requirements for flight in VFR conditions. 2Surge submits that safety will not be affected by operation 

of the DJI Phantom 3 UAS during daylight hours in visual meteorological conditions (VMC) under 

visual flight rules (VFR), with enough battery power to fly for a total duration of approximately 23 

minutes. Battery power indicators are also able to show exactly how much battery power is left, as well 

as how much time is needed to return safely back to point of take off.

In accordance with 14 C.F.R. § 11.81, 2Surge 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:

Todd Weeks

Owner / President

2Surge, LLC

705 North Greenville, Suite 600-102

Allen, Texas 75--2

972-999-0309

info@2surge.com

6
B. The Specific Sections Of 14 C.F.R. From Which 2Surge, LLC Seeks Exemption.

1. 2Surge 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

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

2. 2Surge 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. 2Surge 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.

7
4. 2Surge 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. 2Surge 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. 2Surge 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. 2Surge 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
8. 2Surge 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.

9
 (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 2Surge Seeks And The Reason 2Surge Seeks The Relief.

1. Extent Of Relief 2Surge Seeks And The Reason 2Surge 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 flighthour 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, 2Surge submits that an equivalent level of safety will be maintained 

because no PIC will be allowed to operate the DJI Phantom 3 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 3 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, 2Surge submits that all flights of the DJI Phantom 3 UAS, conducted by the PIC pursuant to 

the grant of this Petition: (1) will be incidental to 2Surge's business; and (2) will not carry passengers or 

property for compensation or hire. 

10
2. Extent Of Relief 2Surge Seeks And The Reason 2Surge 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 The 2Surge to determine that the DJI Phantom 3 UAS are in airworthy condition prior to every

flight by ensuring that the UAS is in compliance with the operating documents Monthly Maintenance 

Log, and DJI Phantom 3 Instruction Manual).

2Surge seeks the requested relief because the DJI Phantom 3 UAS do not require an airworthiness 

certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, 2Surge will ensure that the DJI

Phantom 3 UAS are in airworthy condition based upon its compliance with the operating documents 

(i.e., Monthly Maintenance Log, and DJI Phantom 3) 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 2Surge Seeks And The Reason 2Surge 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 3 UAS, 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), 2Surge seeks the 

requested relief because the DJI Phantom 3 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 3 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 2Surge Seeks And The Reason 2Surge 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 3 UAS during daylight hours in 

visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 23 

minutes. 2Surge seeks the requested relief because without an exemption from Section 91.151(b), the 

flight time duration of the battery powered DJI Phantom 3 UAS will severely constrain the practicality

of any aerial video or still photo flight operations that 2Surge proposes to conduct pursuant to this 

Petition.
11

 

 Significantly, as set forth below, the technical specifications of the DJI Phantom 3 UAS, the DJI

 Phantom 3 operating documents, and 2Surge's proposed operating limitations,

 ensure that 2Surge will safely operate the battery powered DJI Phantom 3

 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 23 minutes.

5. Extent Of Relief 2Surge Seeks And The Reason 2Surge 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, 2Surge requests relief from these Sections because the DJI 

Phantom 3 UAS do not require airworthiness certificates. As set forth more fully below, the DJI 

Phantom 3 UAS meet the conditions of FMRA Section 333 for operation without an airworthiness 

certificate. Accordingly, 2Surge will use trained technicians to perform maintenance, alterations, or 

preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the 

UAS operating documents (Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual). 

Furthermore, 2Surge will document and maintain all maintenance records for the DJI Phantom 3 UAS.

D. The Reasons Why Granting 2Surge 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 2Surge to safely, efficiently, 

and economically perform aerial video and photography of construction sites, real estate, events and 

civic landscape over certain areas of the United States.

Additionally, use of the DJI Phantom 3 UAS will decrease congestion of the NAS, reduce pollution, 

and provide significant benefits to the economy. Notably, the benefits of 2Surge's proposed operation of 

the DJI Phantom 3 UAS will be realized without implicating any privacy issues.

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

The DJI Phantom 3 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 3 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.

12 
 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 3

 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 3 UAS.

Conducting aerial acquisitions with the DJI Phantom 3 UAS, 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 3 UAS 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 3 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 3 UAS 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 3 UAS (weighing approximately 2.8 pounds at 

their maximum gross weight with diagonal dimension of 23.2 inches, 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 3 UAS Will 

Benefit The Economy.

In addition to being safe and efficient, the DJI Phantom 3 UAS are also an economical alternative to 

using manned aircraft to conduct similar aerial operations. As such, operation of the DJI Phantom 3 

UAS will allow United States based companies, like 2SURGE Photography/Video, 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 3 UAS 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. 

13
 By operating the DJI Phantom 3 UAS, companies such as 2Surge 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 3 UAS, 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, 

2Surge's proposed operation of the DJI Phantom 3 UAS will not implicate any privacy issues. 

Specifically, the DJI Phantom 3 UAS will be operated only in compliance with operating documents 

(Monthly Maintenance Log, and DJI Phantom 3 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 2Surge Seeks Exemption.

1. Reasons Why The DJI Phantom 3 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, 2Surge's operation of the DJI Phantom 3 UAS meet the conditions of FMRA

Section 333, and will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, 

Subpart H.

Section 333 provides authority for a UAS to operate without airworthiness certification and sets forth 

requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or 

otherwise pose a threat to national security. Specifically, FMRA Section 333 states the following, in 

part:

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

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

 shall determine if certain unmanned aircraft systems may operate safely in the

 national airspace system before completion of the plan and rule-making required by

 section 332 of this Act or the guidance required by section 334 of this Act. 

14
 (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, 2Surge submits that the DJI Phantom 3 UAS can operate safely in the NAS 

pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the DJI Phantom 3 UAS; 

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

a. The Specifications Of The DJI Phantom 3 UAS Demonstrate Its Safe Characteristics.

The DJI Phantom 3 UAS does 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 3 UAS.

The technical specifications of the DJI Phantom 3 UAS are set forth by the DJI Phantom 3 User 

Manual, attached hereto as Appendix A.

ii. The DJI Phantom 3 UAS Global Positioning Modes Enable The UAS To Remain Within

 A Defined Operational Area.

The DJI Phantom 3 UAS may be operated in both manual and global positioning flight modes. A 

complete description of the flight and navigational modes of the DJI Phantom 3 UAS is provided at 

pages 11 of the DJI Phantom 3 User Manual attached hereto as Appendix A.

iii. The DJI Phantom 3 UAS 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 3 UAS will remain stationary, in flight, for 3 seconds 

or more. If, after 3 seconds, the DJI Phantom 3 UAS does not reacquire control link data from the GCS, 

the UAS will assume that the Control Link is lost and the will return to the home position (i.e., failsafe 

mode) via GPS, and will descend to the takeoff position and shutdown.

15
A complete description of the Failsafe Functions of the DJI Phantom 3 UAS are set forth at pages 12 

through 14 of the DJI Phantom 3 User Manual, attached hereto as Appendix A.

iv. The DJI Phantom 3 GCS And Its Operation.

A complete description of the operation and specifications of the DJI Phantom 3 GCS and flight control 

software is provided at pages 23 through 29 of the DJI Phantom 3 User Manual. DJI Phantom 3 User 

Manual is attached hereto as Appendix A.

b. Flight Operations Of DJI Phantom 3 UAS Is Limited To The Line Of Sight Of A Certificated 

Pilot in Command With A Safety Observer.

2Surge video production staff will be the only persons to act as a pilot in command (PIC) of the DJI 

Phantom 3 UAS. Additionally, a safety observer will assist him at all times during flight time.

c. Flights Of DJI Phantom 3 UAS Will Be Conducted Pursuant To Specific Operating 

Limitations.

In seeking this exemption, 2Surge proposes to commercially operate DJI Phantom 3 UAS for the 

special purpose of conducting aerial video and photography over certain areas of United States, 

pursuant to the following specific operating limitations.

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

in the operating documents, rotorcraft UAS weighing less than 55 pounds maximum gross weight: DJI

Phantom 3 Unmanned Aircraft Systems. Proposed operations of any other aircraft will require a new 

petition or a petition to amend this grant.

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

aerial video and photography.

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

4. The UA must be operated at an altitude of no more than 400 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.

16
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.

17
15. Each UAS 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 

nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in 

accordance with 14 C.F.R. § 91.119.

19. UAS operations may not be conducted during night, as defined in 14 C.F.R. § 1.1. All operations 

must be conducted under visual meteorological conditions (VMC). If flight at night is required, a 

special request will be made at the FAA office closest to proposed area of operations. Flights under 

special visual flight rules (SVFR) are not authorized.

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

current FAA-published aeronautical chart unless a letter of agreement with that airport’s management is 

obtained, and the operation is conducted in accordance with a 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 predetermined location 

within the planned operating area and land or be recovered in accordance with the operating 

documents.

23. The PIC must abort the flight in the event 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.

18
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 (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). 

19
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.

2Surge 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 3 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 3 UAS in a manner consistent with the exemption, including evasive 

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

structures.

Considering 2Surge’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 3 UAS, 2Surge submits that the additional manned airmanship experience of a commercially

certificated pilot would not correlate to the airmanship skills necessary for 2Surge’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).

2Surge will not allow any PIC to operate the DJI Phantom 3 UAS unless that PIC has demonstrated, by

meeting minimum flight-hour requirements or the DJI Phantom 3 UAS training and currency

requirements, that the PIC is able to safely operate the DJI Phantom 3 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). 

20 
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 2Surge’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, 2Surge will ensure safe operations by not allowing any PIC to operate the DJI Phantom 3 

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 3 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, 2Surge will ensure that the DJI Phantom 3 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). 

21
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 3 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 2Surge’s operation of the DJI 

Phantom 3 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 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 3 UAS; (2) the limitations 

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

2Surge will ensure that it will safely operate the battery powered DJI Phantom 3 UAS during daylight 

hours in VFR conditions, with enough battery power to fly for a total duration of 23 minutes.

Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom 3 UAS; 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 3 UAS provide audible and visual warnings to the PIC at the GCS when 

the UAS experiences low battery voltage, the first warning occurring at approximately 33% remaining 

battery power, and again at approximately 15% remaining battery power. At the critically low battery

level, the DJI Phantom 3 UAS 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, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 

11159, 11160, 11161). 

22
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, 2Surge 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 2Surge will use trained technicians to 

perform maintenance, alterations, or preventive maintenance on the UAS using the methods, 

techniques, and practices prescribed in the operating documents (Monthly Maintenance Log, and DJI

Phantom 3 Instruction Manual). Furthermore, 2Surge will document and maintain all maintenance 

records for the DJI Phantom 3 UAS.

Since the DJI Phantom 3 UAS will be inspected as prescribed by the operating documents, 2Surge will 

maintain the equivalent level of safety established by Sections 91.405(a), 91.409(a)(1), and 

91.409(a)(2). A copy of the DJI Phantom 3 User Manuals are attached hereto as Appendix A ; a copy of 

the DJI Phantom 3 UAS Maintenance LOG is attached hereto as Appendix B.

Likewise, the exemption sought will not adversely affect safety because 2Surge 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 3 UAS 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 2Surge’s proposed operating limitations, the operating documents, and the technical 

aspects of the DJI Phantom 3 UAS, 2Surge 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, 11156, 11157, 11158, 11159, 

11160, 11161).

23
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, 2Surge requests that the FAA prescribe special conditions 

for the intended operation of the DJI Phantom 3 UAS, 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 3 UAS, 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 2Surge intended operation of the DJI Phantom 3 UAS, 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).

24
• A Summary That Can Be Published In The Federal Register, stating: The Rules From

 Which 2Surge Seeks Exemption:

 2Surge 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 2Surge Seeks:

 This exemption will permit 2Surge 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 2Surge’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, 2Surge’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, 2Surge will operate the DJI Phantom 3 UAS 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, 2Surge 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 3 UAS 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 2Surge to safely, 

efficiently, and economically operate the DJI Phantom 3 UAS commercially within the NAS. 

25
WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA Modernization 

and Reform Act of 2012, Section 333, 2Surge 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 2Surge to 

operate the DJI Phantom 3 UAS commercially for the purpose of conducting aerial video and 

photography over certain areas of the United States.

Dated: July 27, 2015

Respectfully submitted,

Todd Weeks

Owner/President

2Surge, LLC

705 North Greenville, Suite 600-102

Allen, Texas 75002

972-999-0309

info@2surge.com

Appendices: A – Link to DJI Phantom 3 Manual: Click on link below

http://download.djiinnovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual

_v1.2_en.pdf

DJI Phantom 3 Professional (quadcopter)

Craft Serial #: 

Model #: W323

FCC ID: 

Camera Serial #: 

Repeater Serial #:

26