UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC

Regulatory Docket No. 

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

SEAGULL AERIAL LLC

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS

SECTIONS 61.101(e)(4) & (5), 61.113(a) & (b), 61.23(a), 61.315(a), 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 INSPIRE 1 AND DJI 

PHANTOM 2

UNMANNED AIRCRAFT SYSTEMS

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012 

(PUBLIC LAW 112-95)

Submitted on May 20, 2015 

Max Seigal

Seagull Aerial LLC 

747 10th St.

Boulder, CO 80302

Tel: (720) 771-7789

Email:max@seagullaerial.com
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. ........................................................... 7 

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH SEAGULL AERIAL LLC

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

THE EXTENT OF RELIEF SEAGULL AERIAL LLC SEEKS AND THE

REASON SEAGULL AERIAL LLC SEEKS THE RELIEF............... . 11 

THE REASONS WHY GRANTING SEAGULL AERIAL LLC’S 

REQUEST WOULD BE IN THE PUBLIC INTEREST .......... ........................... 15 

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT

ADVERSELY AFFECT SAFETY ......................................................................... 19 

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER. .... 34 

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS 

AVAILABLE TO SUPPORT SEAGULL AERIAL LLC’S REQUEST....

 .............................................................................................................................. 34 

CONCLUSION ............................................................................................................................ 35

APPENDICES........................................................................................37 

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) Section 333 

SO Safety Observer

SOP Standard Operating Procedures 

UA Unmanned Aircraft 

UAS Unmanned Aircraft System

VFR Visual Flight Rules 

VLOS Visual Line of Site

VMC Visual Meteorological Conditions 

VTOL Vertical Takeoff and Landing 

3 
SUMMARY

Jason R. Oppenheimer seeks exemption from the requirements of 14 C.F.R §§ 

61.101(e)(4) and (5), 61.315(a), 61.23(a), 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 pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 

(FMRA). This exemption will permit Seagull Aerial LLC to operate an Unmanned 

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

photography of construction sites, building inspections, agricultural lands, outdoor 

recreational facilities, real estate, special events, and landscapes within the United States. 

INTRODUCTION AND INTERESTS OF THE PETITIONER

Seagull Aerial LLC will provide its clients with high quality digital content for use 

in their commercial, personal, and non-profit multimedia projects. Seagull Aerial LLC has 

years of film making and photography experience and will use state-of-the-art technology to 

make high quality video and photo productions for any client. Seagull Aerial LLC has over 3

years recreational/hobby experience in all aspects of aerial video and photography. The 

objective of Seagull Aerial LLC aerial video and photography operations is to provide 

high quality imaging for a variety of commercial, public, and residential uses, specifically 

targeting: 

• Aerial event filming and photography

• Promotional videos for businesses, non-profits & government 

entities

• Photo and video production for real estate marketing

4 
BACKGROUND

Unmanned Aircraft Systems: DJI Inspire 1 UAS

Seagull Aerial LLC seeks an exemption to operate DJI systemsfor compensation or 

hire within the NAS. The DJI Inspire 1 (Inspire 1) and DJI Phantom 2 are vertical takeoff 

and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) 

utilizing electronic tablet or smart phone systems. The Inspire 1 and Phantom 2 are electric 

powered rotary wing UAS that is capable of transmitting live airborne video images and 

location information to a Ground Control Station (GCS). Both the Phantom and Inspire 

store the photographs and data on board and makes them available for download after 

completion of the flight. The Inspire is 22 in x 22 in x 8 in and weighs 6.4 pounds, and the 

Phantom 2 is lighter at 2.2 pounds. 14 in x 14 in x 6 in. Both are well under the 55 lbs 

mandated in the FMRA. The Inspire has a maximum cruising speed of 42 knots while the 

Phantom has a maximum cruising speed of 29 knots. Both are battery powered, have a 

flight endurance of 22 minutes and can operate in temperatures ranging from 0° to 40° C. 

Both the Inspire and the Phantom 2 have omni-directional antenna with a range of 2.1 km 

and operating in the 2.420 – 2.483 GHz frequency range. 

The Inspire 1 and Phantom 2 that will be operated by Seagull Aerial LLC 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

The petitioner, Seagull Aerial LLC, 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 Inspire 1 in the National 

Airspace System (NAS), and for an exemption from the requirements of 14 C.F.R §§ 

5 
61.101(e)(4) and (5), 61.315(a), 61.23(a), 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, Seagull Aerial’s operation of the DJI

Phantom 2 and Inspire 1 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, Seagull Aerial LLC 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. 

Seagull Aerial LLC submits that the requested relief is proper since an equivalent

level of safety will be ensured. Seagull Aerial LLC will use experienced personnel and

technicians to perform maintenance, alterations, or preventive maintenance on the UASs 

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

Monthly Maintenance Log, Phantom 2 Instruction Maual and DJI Inspire 1 Instruction 

Manual). Furthermore, Seagull Aerial LLC will document and maintain all maintenance 

records for the DJI Inspire 1 UAS. 

Relief from certain requirements of Section 61.101(e)(4) and (5) entitled 

Recreational pilot privileges and limitations: Pilot in command, and from Section 

61.315(a) entitled What are the privileges and limits of my sport pilot certificate, and from 

Section 61.23(a) entitled Medical certificates: Requirements and duration, is requested by 

Seagull Aerial LLC to the extent necessary to allow a Pilot in Command (PIC) holding a 

sport pilot or higher level certificate, as well as a valid driver’s license, and who has 

demonstrated, by meeting minimum flight- hour and currency requirements, that the PIC is 

able to safely operate the DJI Inspire 1 UAS in a manner consistent with this 6 
exemption, including evasive and emergency maneuvers and maintaining appropriate 

distances from people, vessels, vehicles and structures. 

Seagull Aerial LLC seeks relief from Section 91.7(a), entitled Civil aircraft

airworthiness, because the DJI Inspire 1 UAS do not require an airworthiness certificate in 

accordance with 14 C.F.R. Part 21, Subpart H. As such, Seagull Aerial LLC submits that it 

will ensure that the DJI Inspire 1 and Phantom 2 UAS are in an airworthy condition, prior to 

every flight, by determining that the UASs are in compliance with the operating 

documents (i.e., Monthly Maintenance Log, and DJI Inspire 1 Instruction Manual), and that 

the aircraft are in a condition for safe flight. 

Seagull Aerial LLC also seeks an exemption from the requirements of Section 

91.121, entitled Altimeter Settings, as the DJI Inspire 1 and Phantom 2 UAs will not have a

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

1and Phantom 2 UAs will be provided to the PIC via Global Positioning System (GPS) 

equipment and radio communications telemetry data link, which downlinks from the UAs

to the GCS for active monitoring of the flight path. This altitude information, combined 

with Seagull Aerial LLC’s skilled operation of the DJI Inspire 1 UAS within visual line of 

sight, at or below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121. 

Seagull Aerial LLC also seeks an exemption from the requirements of Section 

91.151(b), entitled Fuel requirements for flight in VFR conditions. Seagull Aerial LLC 

submits that safety will not be affected by operation of the DJI Inspire 1 and Phantom 2 

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 15

minutes to the first point of intended landing and, assuming normal cruising speed, to fly 

after that for at least 5 minutes. 

7 
In accordance with 14 C.F.R. § 11.81, Seagull Aerial 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: 

Max Seigal

Seagull Aerial LLC 

747 10th St

Boulder, CO 80302

Tel: (720) 771-7789

Email: max@seagullaerial.com

B. The Specific Sections Of 14 C.F.R. From Which Seagull Aerial LLC Seeks 

Exemption.

1. Seagull Aerial LLC Seeks Exemption From The Requirements Of

Section 61.101(e)(4) and (5). 

Section 61.101, entitled Recreational pilot privileges and limitations: Pilot in

command, subsection (e)(4) and (5) prescribe the following, in relevant part:

(e) Except as provided in paragraphs (d) and (i) of this section, a recreational pilot

may not act as pilot in command of an aircraft--

(4) For compensation or hire;

(5) In furtherance of a business;

(f) Seagull Aerial LLC Seeks Exemption From The Requirements Of Section 

61.23(a). 

Section 61.23(a), entitled Operations requiring a medical certificate: Requirements 

and duration, subsection (a) prescribe the following, in relevant part:

(f) Except as provided in paragraphs (d) and (i) of this section, a recreational pilot

may not act as pilot in command of an aircraft--

8 
3. Seagull Aerial LLC Seeks Exemption From The Requirements Of

Section 61.315(a).

Section 61.315(a), entitled What are the privileges and limits of my sport pilot 

certificate, subsection (a) prescribe the following, in relevant part: 

(c) You may not act as pilot in command of a light-sport aircraft:

(2) For compensation or hire.

(3) In furtherance of a business.--

(ci) Seagull Aerial LLC 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.

5. Seagull Aerial LLC 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.

9 
6. Seagull Aerial LLC 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.

7. Seagull Aerial LLC 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[.]

8. Seagull Aerial LLC 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[.]

(b) Seagull Aerial LLC 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

10
with part 21 of this chapter.

10. Seagull Aerial LLC 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

11
major alteration to the airframe and currently installed engines, rotors, 

propellers, and appliances.

(b) The owner or operator shall retain the following records for the periods

prescribed:

(1) The records specified in paragraph (a)(1) of this section shall be retained

until the work is repeated or superseded by other work or for 1 year after the

work is performed.

(2) The records specified in paragraph (a)(2) of this section shall be retained

and transferred with the aircraft at the time the aircraft is sold.

(3) A list of defects furnished to a registered owner or operator under § 43.11 of

this chapter shall be retained until the defects are repaired and the aircraft is

approved for return to service.

C. The Extent Of Relief Seagull Aerial LLC Seeks And The Reason Seagull Aerial

LLC Seeks The Relief.

1. Extent Of Relief Seagull Aerial LLC Seeks And The Reason Seagull 

Aerial LLC Seeks Relief From Section 61.113(a) and

(b). 

Relief from Section 61.113(a) and (b) entitled Private pilot privileges and 

limitations: Pilot in command, is requested to the extent necessary to allow a PIC holding a

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

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

proposed UAS flight operations for compensation or hire. 

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

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

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

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

compensation or hire. 

As set forth more fully below, Seagull Aerial LLC submits that an equivalent level 

of safety will be maintained because no PIC will be allowed to operate the DJI Inspire 1

or Phantom 2 UAS unless that PIC has met certain flight-hour and currency requirements, 

12
demonstrating that the PIC is able to safely operate either the DJI Inspire 1 or Phantom 2

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, Seagull Aerial LLC submits that all flights of the DJI Inspire 1 and 

Phantom 2 UAS, conducted by the PIC pursuant to the grant of this Petition: (1) 

will be incidental to Seagull Aerial LLC business; and (2) will not carry 

passengers or property for compensation or hire. 

2.Extent Of Relief Seagull Aerial LLC Seeks And The Reason

Seagull Aerial LLC Seeks Relief From Section 61.23(a).

Relief from Section 61.23(a), entitled Operations requiring a medical certificate:

Requirements and duration, is requested to the extent required to necessary to allow a PIC

holding a sport pilot certificate or higher level certificate, as well as a current and valid

driver’s license, to conduct the proposed UAS flight operations for compensation or hire. 

This relief is requested since the limitations set forth in Section 61.23(a) otherwise 

require the PIC of any flight for compensation or hire to hold a comprehensive FAA issued

medical certificate. In Exemption No. 11213 to Aeryon Labs, Inc., the FAA “finds that, 

because of the risk mitigations established in the conditions and limitations of this

exemption, a person that holds a U.S. issued driver’s license who is operating a UAS will

not adversely affect safety. The FAA is granting relief from § 61.23(a) to allow any pilot

that holds one of the pilot’s certificates discussed above to operate a UAS under this

exemption with a U.S. issued driver’s license, in lieu of an FAA-issued medical certificate.

The FAA is also granting relief from § 61.23(c) to allow sport pilot certificate holders to

operate aircraft other than LSA with a U.S. issued driver’s license under this exemption.” 

13
3.Extent Of Relief Seagull Aerial LLC Seeks And The Reason 

Seagull Aerial LLC Seeks Relief From Section 61.315(a).

Relief from Section 61.315(a) entitled What are the privileges and limits of my 

sport pilot certificate, is requested to the extent necessary to allow a PIC holding a sport 

pilot or higher level certificate to conduct the proposed UAS flight operations for 

compensation or hire. 

This relief is requested since the limitations set forth in Section 61.315(a) restrict a

sport pilot from acting as the PIC of any flight for compensation or hire, or for the 

furtherance of any business. 

In Exemption No. 11213 to Aeryon Labs, Inc., the FAA re-assessed the level of

pilot certificate that would be appropriate for the petitioner’s operations. In evaluating this

petition, similar to the evaluation of the private and commercial pilot certificates in

Exemption No. 11062, the agency compared the aeronautical knowledge requirements of 

the recreational and sport pilot certificates to those of the private pilot certificate. They

found that the aeronautical knowledge requirements that would be applicable to a UAS

operation for a recreational pilot and sport pilot certificate are substantially similar as those 

for a private pilot certificate.

Additionally, similar to the private and commercial pilot certificates, holders of

recreational and sport pilot certificates are subject to security screening by the Department

of Homeland Security (DHS). 

Therefore, because they must demonstrate aeronautical knowledge relevant to UAS

operations and are subject to DHS screening, factors that were considered by the FAA in

allowing private pilot operations under previous exemptions, the FAA now determines that

holders of recreational and sport pilot certificates may serve as the PIC for UAS 

operations. 

14
4.Extent Of Relief Seagull Aerial LLC Seeks And Seagull Aerial

LLC 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 Seagull Aerial LLC to determine that the DJI Inspire 1 UAS are in 

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

the operating documents (i.e., the DJI Inspire 1 Maintenance Manual, Monthly Maintenance 

Log, and DJI Inspire 1 Instruction Manual). 

Seagull Aerial LLC seeks the requested relief because the DJI Inspire 1 UAS do 

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

Therefore, Seagull Aerial LLC will ensure that the DJI Inspire 1 UAS are in airworthy 

condition based upon its compliance with the operating documents (i.e., Monthly 

Maintenance Log, and DJI Inspire 1 Instruction Manual) prior to every flight, and further, 

determine that the aircraft are in condition for safe flight, as stated in the conditions and 

limitations below. 

5.Extent Of Relief Seagull Aerial LLC Seeks And The Reason

Seagull Aerial LLC Seeks Relief From Section 91.121.

Relief from Section 91.121, entitled Altimeter settings, may be required to allow 

flight operations of the DJI Inspire 1 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), Seagull Aerial LLC seeks the requested 

relief because the DJI Inspire 1 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. 

15
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 Inspire 1 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.

6.Extent Of Relief Seagull Aerial LLC Seeks And Seagull Aerial

LLC 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 Inspire 1 and 

Phantom 2 UAs during daylight hours in visual meteorological conditions (VMC), under 

visual flight rules (VFR), for a total duration of 15 minutes to the first point of intended 

landing and, assuming normal cruising speed, to fly after that for at least 5 minutes. 

Seagull Aerial LLC seeks the requested relief because without an exemption from 

Section 91.151(b), the flight time duration of the battery powered DJI Inspire 1 and 

Phantom 2 UA will severely constrain the practicality of any aerial video or still photo 

flight operations that Seagull Aerial proposes to conduct pursuant to this Petition. 

Significantly, as set forth below, the technical specifications of the DJI Inspire 1 

and Phantom 2 UAS, the DJI Inspire 1 and Phantom 2 operating documents, and Seagull 

Aerial LLC’s proposed operating limitations, ensure that Seagull Aerial LLC will safely 

operate the battery powered DJI Inspire 1 and Phantom 2 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 15 minutes to the first point of intended landing and, assuming normal 

cruising speed, to fly after that for at least 5 minutes. 

16
7.Extent Of Relief Seagull Aerial LLC Seeks And The Reason 

Seagull Aerial LLC 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, Seagull Aerial LLC requests relief 

from these Sections because the DJI Inspire 1 and Phantom 2 UAS does not require

airworthiness certificates. As set forth more fully below, the DJI Inspire 1 and Phantom 2 

UAS meets the conditions of FMRA Section 333 for operation without an airworthiness 

certificate. Accordingly, Seagull Aerial LLC will use highly trained technicians to perform

maintenance, alterations, or preventive maintenance on the UASs using the methods, 

techniques, and practices prescribed in the UAS operating documents (i.e., the DJI Inspire 

1 Maintenance Manual, Phantom 2 Maintenance Manual, Maintenance Log, Phantom 2 

Instruction Manual, and DJI Inspire 1 Instruction Manual). Furthermore, Seagull Aerial

will document and maintain all maintenance records for the DJI Inspire 1 UAS. 

D.The Reasons Why Granting Seagull Aerial LLC 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 Seagull 

Aerial LLC to safely, efficiently, and economically conduct aerial video and photography of 

outdoor recreational facilities, real estate, special events, and landscapes over certain areas of the 

United States. 

Additionally, use of the DJI Inspire 1 and Phantom 2 UAS will decrease congestion 

of the NAS, reduce pollution, and provide significant benefits to the economy. Notably, the

benefits of Seagull Aerial LLC’s proposed operation of the DJI Inspire 1 and Phantom 2 

UAS will be realized without implicating any privacy issues. 

17
1. The Public Will Benefit From Decreased Congestion Of The NAS.

The DJI Inspire 1 and Phantom 2 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 Inspire 1 and Phantom 2 UAS would reduce the 

amount of manned aircraft in the NAS, reduce noise and air pollution, as well as increase 

the safety of life and property in the air and on the ground. 

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

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

DJI Inspire 1 and Phantom 2 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

Inspire 1 and Phantom 2 UAS.

Conducting aerial acquisitions with the DJI Inspire 1 and Phantom 2 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 Inspire 1 and Phantom 2 

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 Inspire 1 and Phantom 2 UAS, while 

reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as 

the UASs are propelled by battery powered electric motors, rather than an internal 

combustion engine. 18
By using the DJI Inspire 1 and Phantom 2 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 Inspire 1 and Phantom 2 UAS ( Inspire 1 weighing approximately 6.5 

pounds maximum gross weights with a length of 17.3 inches, width of 17.7 inches, and 

with no fuel on board, and Phantom 2 even smaller and lighter), have 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

Inspire 1 and Phantom 2 UAS Will Benefit The Economy.

In addition to being safe and efficient, the DJI Inspire 1 and Phantom 2 are economical 

alternatives to using manned aircraft to conduct similar aerial operations. As such, 

operation of the DJI Inspire 1 and Phantom 2 UAS will allow United States based 

companies, like Seagull Aerial LLC, 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 Inspire 1 and Phantom 2 UAS 

allows companies greater operational flexibility compared to manned aircraft, and 

provides such flexibility without the high operational cost of a traditional manned aircraft. 

By operating the DJI Inspire 1 and Phantom 2 UAS, companies such as Seagull 

Aerial LLC, 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. 

19
economy. Improved financial performance of U.S. companies, through commercial use of 

the DJI Inspire 1 and Phantom 2 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, Seagull Aerial LLC proposed operation of the DJI Inspire 1 and Phantom 2 

UAS will not implicate any privacy issues. Specifically, the DJI Inspire 1 and Phantom 2 

UAS will be operated only in compliance with the conditions set forth in any exemption 

granted under this petition. 

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 Seagull Aerial LLC Seeks Exemption.

1. Reasons Why The DJI Inspire 1 and Phantom 2 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, Seagull Aerial LLC operation 

of the DJI Inspire 1 and Phantom 2 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 rulemaking required by section 332 of this Act or the guidance required by

section 334 of this Act.

20
(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, Seagull Aerial LLC submits that the DJI Inspire 1 and 

Phantom 2 UAS can operate safely in the NAS pursuant to FMRA Section 333, as 

demonstrated by: (a) the characteristics of the DJI Inspire 1 and Phantom 2 UAS; (b) the 

pilot certification requirement; and

(c) the specific operating limitations.

a. The Specifications Of The DJI Inspire 1 and Phantom 2 UAS 

Demonstrate Its Safe Characteristics. 

The DJI Inspire 1 and Phantom 2 UAS do not create a hazard to users of the NAS 

or the public, or otherwise pose a threat to national security considering its size, weight, 

speed, and operational capability. 

i. Technical Specifications Of The DJI Inspire 1 and Phantom 2 UAS.

The technical specifications of the DJI Inspire 1 and Phantom 2 UAS are set forth by the

DJI Inspire 1 and Phantom 2 Specifications and Data Sheet, attached hereto as Exhibit A. 

ii. The DJI Inspire 1 and Phantom 2 UAS Autonomous Flight And Navigation Modes

Enable The UAS To Remain Within A Defined Operational Area.

The DJI Inspire 1 and Phantom 2 UAS may be operated in both manual and fully 

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

modes of the DJI Inspire 1 and Phantom 2 UAS is provided in the DJI Inspire 1

21
User Manual, attached hereto as Exhibit B.1, and Phantom 2 User Manual, attaches hereto 

as Exhibit B.2

iii. The DJI Inspire 1 and Phantom 2 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 Inspire 1 and Phantom 2, the UAs will 

remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Inspire 1 or 

Phantom 2 UA does not reacquire control link data from the GCS, the UA will assume that 

the Control Link is lost and the UA will return to the home position (i.e., failsafe mode) via

GPS, and will descend to the takeoff position and shutdown. 

A complete description of the Failsafe Functions of the DJI Inspire 1 and Phantom 

2 UAS are set forth in the DJI Inspire 1 User Manual, attached hereto as B.1 and Phantom 

2 User Manual, attached hereto as B.2

iv. The DJI Inspire 1 GCS And Its Operation.

A complete description of the operation and specifications of the DJI Inspire 1 GCS and 

flight control software is provided in the DJI Inspire 1 User Manual. DJI Inspire 1 User 

Manual is attached hereto as Exhibit B. 

b. Flight Operations Of DJI Inspire 1 and Phantom 2 UAS Are Limited To The Line Of

Sight Of A Certificated Pilot in Command With A Safety Observer.

Seagull Aerial LLC will only utilize certificated pilots who possess a current 

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

1 and Phantom 2 UAS. Additionally, a safety observer will assist all pilots during flight.

c. Flights Of DJI Inspire 1 and Phantom 2 UAS Will Be Conducted Pursuant To Specific

Operating Limitations.

In seeking this exemption, proposes to commercially operate DJI Inspire 1 and Phantom 2 

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 UASs weighing less than

55 pounds maximum gross weight: DJI Inspire 1 and Phantom 2 Unmanned 

Aircraft System. 22
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 UAs must be operated at an altitude of no more than 500 feet above ground

level (AGL), as indicated by the procedures specified in the operating documents 

unless a special request is made and approved by ATC. All altitudes reported to 

ATC must be in feet AGL.

5. The UAs must be operated within visual line of sight (VLOS) of the PIC at all

times. This requires the PIC to be able to use human vision unaided by any device

other than corrective lenses, as specified on the PIC’s FAA-issued airman medical

certificate.

6. The use of first person view (FPV) by the PIC or safety observer (SO) is not

permitted.

7. All operations must utilize a safety observer (SO). The SO may be used to satisfy

the VLOS requirement as long as the PIC always maintains VLOS capability. The

SO and PIC must be able to communicate verbally at all times. Electronic

messaging or texting is not permitted during flight operations. The PIC must be

designated before the flight and cannot transfer his or her designation for the

duration of the flight. The PIC must ensure that the SO can perform the functions

prescribed in the operating documents.

8. The SO must not perform any other duties beyond assisting the PIC with seeing

and avoiding other air traffic and other ground based obstacles/obstructions and

is not permitted to operate the camera or other instruments.

9. The operating documents and the grant of exemption must be accessible during

UAS operations and made available to the Administrator upon request. If a

discrepancy exists between the conditions and limitations contained in the grant of 

exemption and the procedures outlined in the operating documents, the conditions 

and limitations contained in the grant of exemption take precedence and must be 

followed. Otherwise, the operator must follow the procedures as outlined in its 

operating documents. The operator may update or revise its operating documents. 

It is the operator’s responsibility to track such revisions and present updated and 

revised documents to the Administrator upon request. The operator must also 

present updated and revised documents if it petitions for extension or amendment 

to the grant of exemption. If the operator determines that any update or revision 

would affect the basis upon which the FAA granted the exemption, then the 

operator must petition for amendment to its grant of exemption. The FAA’s UAS 

Integration Office (AFS-80) may be contacted if questions arise regarding updates 

or revisions to the operating documents.

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

23
condition for safe flight. If the inspection reveals a condition that affects the

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

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

condition for safe flight. The Ground Control Station must be included in the

preflight inspection. All maintenance and alterations must be properly 

documented in the aircraft records. 

11. Any UAS that has undergone maintenance or alterations that affect the UAS

operation or flight characteristics, e.g. replacement of a flight critical

component, must undergo a functional test flight. The PIC who conducts the

functional test flight must make an entry in the aircraft records.

12. The pre-flight inspection must account for all potential discrepancies, e.g.

inoperable components, items, or equipment, not already covered in the

relevant sections of the operating documents.

13. The operator must follow the UAS manufacturer’s aircraft/component,

maintenance, overhaul, replacement, inspection, and life limit requirements.

14. The operator must carry out its maintenance, inspections, and record keeping

requirements, in accordance with the operating documents. Maintenance,

inspection, alterations, and status of replacement/overhaul component parts must

be noted in the aircraft records, including total time in service, description of

work accomplished, and the signature of the authorized person returning the

UAS to service.

15. Each UASs 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. §

19.1. All operations must be conducted under visual meteorological

24
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.

25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of

Waiver or Authorization (COA) prior to conducting any operations under the

grant of exemption. This COA will also require the operator to request a Notice

to Airman (NOTAM) not more than 72 hours in advance, but not less than 48

hours prior to the operation. All operations shall be conducted in accordance with

airspace requirements in the ATO issued COA including class of airspace,

altitude level and potential transponder requirements.

26. All aircraft operated in accordance with the exemption must be identified by

serial number, registered in accordance with 14 C.F.R. part 47, and have

identification (N- Number) markings in accordance with 14 C.F.R. part 45,

Subpart C. Markings must be as large as practicable.

27. Before conducting operations, the radio frequency spectrum used for operation

and control of the UA must comply with the Federal Communications

Commission (FCC) or other appropriate government oversight agency

requirements.

28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be

available to the PIC at the Ground Control Station of the UAS any time the

UAS is operating. These documents must be made available to the

Administrator or any law enforcement official upon request.

25
29. The UA must remain clear and yield the right of way to all manned aviation

operations and activities at all times.

30. The UAS may not be operated by the PIC from any moving device or vehicle.

31. Flight operations must be conducted at least 500 feet from all nonparticipating

persons (persons other than the PIC, SO, operator trainees or essential persons),

vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating

persons from the UA and/or debris in the event of an accident. The

operator must ensure that nonparticipating persons remain under such

protection. If a situation arises where nonparticipating persons leave such

protection and are within 500 feet of the UA, flight operations must cease

immediately and/or;

b. The aircraft is operated near vessels, vehicles or structures where the

owner/controller of such vessels, vehicles or structures has granted

permission and the PIC has made a safety assessment of the risk of

operating closer to those objects and determined that it does not present

an undue hazard, and;

c. Operations nearer to the PIC, SO, operator trainees or essential persons

do not present an undue hazard to those persons per § 91.119(a).

32. All operations shall be conducted over private or controlled-access property

with permission from the land owner/controller or authorized representative.

Permission from land owner/controller or authorized representative will be

obtained for each flight to be conducted.

33. Any incident, accident, or flight operation that transgresses the lateral or

vertical boundaries of the operational area as defined by the applicable COA

must be reported to the FAA's UAS Integration Office (AFS-80) within 24

hours. Accidents must be reported to the National Transportation Safety Board

(NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov.

2. Reasons Why An Exemption From The Requirements Of Section 61.113(a)

And (b) Would Not Adversely Affect Safety.

Seagull Aerial LLC 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 

Inspire 1 or Phantom 2 UAS unless that PIC has demonstrated, by meeting minimum

flight-hour and currency requirements, that the PIC is able to safely operate the DJI Inspire 

1 and Phantom 2 UAS in a manner consistent with the exemption, including evasive and 

emergency maneuvers and maintaining appropriate distances from people, vessels, 

vehicles and structures. 

26
Considering Seagull Aerial LLC proposed area of operations, and the operating 

limitations set forth-above; the parallel nature of sport pilot aeronautical knowledge

requirements to those of commercial pilot requirements (See Exemption No. 11062); and 

the airmanship skills necessary to safely operate the DJI Inspire 1 and Phantom 2 UAS, 

Seagull Aerial LLC submits that the additional manned airmanship experience of a 

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

Seagull Aerial LLC 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). 

Seagull Aerial LLC will not allow any PIC to operate the DJI Inspire 1 and 

Phantom 2 UAS unless that PIC has demonstrated, by meeting minimum flight-hour 

requirements or the DJI Inspire 1 and Phantom 2 UAS training and currency requirements, 

that the PIC is able to safely operate the DJI Inspire 1 and Phantom 2 UAS in a manner 

consistent with this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from people, vessels, vehicles and structures. 

Specifically, the PIC must have accumulated and logged, in a manner consistent

with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a

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

UAS to be used for operations under the exemption). In addition to the hour requirements, 

the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency 

purposes). 

As in Exemption Nos. 11062, 11138, and 11153, prior documented flight

27
experience that was obtained in compliance with applicable regulations will ensure an 

equivalent level of safety during Seagull Aerial LLC 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, Seagull Aerial will ensure safe operations by not allowing any PIC to 

operate the DJI Inspire 1 and Phantom 2 UAS unless that PIC has demonstrated, by 

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

operate the DJI Inspire 1 and Phantom 2 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 

28
because prior to every flight, Seagull Aerial LLC will ensure that the DJI Inspire 1 and 

Phantom 2 UAS is in an airworthy condition based upon the UAS’s compliance with its 

operating documents and as stated in the conditions and limitations herein. 

Additionally, the FAA has previously granted relief from Section 91.7(a) specific to 

UAS, in circumstances similar, in all material respects, to those presented herein (e.g. 

Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 

11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). 

4. Reasons Why An Exemption From The Requirements Of Section 91.121

Would Not Adversely Affect Safety.

The equivalent level of safety established by Section 91.121 will be maintained because 

the altitude information of the DJI Inspire 1 and Phantom 2 UAS will be provided to the

PIC via GPS equipment and a radio communications telemetry data link, which 

downlinks from the UAS to the GCS for active monitoring of the flight path and altitude. 

This altitude information, combined with Seagull Aerial LLC’s operation of the DJI 

Inspire 1 and Phantom 2 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 UASs 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 

29
14 C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the DJI 

Inspire 1 and Phantom 2 UAs; (2) the limitations on the proposed flight operations; and (3) 

the location of the proposed flight operations. Accordingly, Seagull Aerial will ensure that 

it will safely operate the battery powered DJI Inspire 1 and Phantom 2 UAs during 

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

15 minutes to the first point of intended landing and, assuming normal cruising speed, to 

fly after that for at least 5 minutes. 

Here, as in Exemption No. 11109, the technical specifications of the DJI Inspire 1 

and Phantom 2 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 Inspire 1 and Phantom 2 

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 30% 

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

the critically low battery level, the DJI Inspire 1 and Phantom 2 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). 30
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, Seagull Aerial LLC 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 Seagull Aerial LLC 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 (i.e., the DJI Inspire 1 Maintenance 

Manual, Phantom 2 Maintenance Manual, Monthly Maintenance Log, Phantom 2 

Instruction Manual, and DJI Inspire 1 Instruction Manual). Furthermore, Seagull Aerial

LLC will document and maintain all maintenance records for the DJI Inspire 1 and 

Phantom 2 UAS. 

Since the DJI Inspire 1 and Phantom 2 UAS will be inspected as prescribed by the

operating documents, Seagull Aerial LLC 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 

Inspire 1 User Manuals are attached hereto as Exhibit B.1; a copy of the Phantom 2 User 

Manual is attached hereto as Exhibit B.2, a copy of the DJI Inspire 1 Maintenance Manual is 

attached hereto as Exhibit C; a copy of the DJI Inspire 1 UAS Maintenance LOG is 

attached hereto as Exhibit D. 

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

Aerial LLC 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 Inspire 1 and Phantom 2 UAS will be performed by trained technicians. Maintenance 

will be documented and maintained utilizing the monthly maintenance log. 

31
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 Seagull Aerial LLC proposed operating limitations, the

operating documents, and the technical aspects of the DJI Inspire 1 and Phantom 2 UAS, 

Seagull Aerial LLC 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). 

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, Seagull Aerial LLC requests 

that the FAA prescribe special conditions for the intended operation of the DJI Inspire 1

and Phantom 2 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 32
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 Inspire 1 and Phantom 2 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 Leading Edge’s intended operation of the DJI 

Inspire 1and Phantom 2 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). 

F. A Summary That Can Be Published In The Federal Register, stating: The Rules

From Which Seagull Aerial LLC Seeks Exemption:

Seagull Aerial LLC seeks exemption from the requirements of 14 C.F.R Sections 

61.101(e)(4) and (5), 61.315(a), 61.23(a), 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 Seagull Aerial LLC 

Seeks:

This exemption will permit Seagull Aerial LLC to commercially operate an 

33
Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and 

photography over certain areas of the United States.

G. Any Additional Information, Views, Or Arguments Available To Support Feather

Light Media LLC 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, Seagull Aerial LLC 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, Seagull Aerial LLC will operate the DJI Inspire 

1 and Phantom 2 UASs 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, Seagull Aerial LLC 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 Inspire 1 and Phantom 2 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 Seagull Aerial LLC to safely, efficiently, and economically operate the DJI 

Inspire 1 and Phantom 2 UAS 34
commercially within the NAS.

WHEREFORE, in accordance with the Federal Aviation Regulations and the 

FAA Modernization and Reform Act of 2012, Section 333, Seagull Aerial LLC 

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

requirements of 14 C.F.R Sections 61.101(e)(4) and (5), 61.315(a), 61.23(a), 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 

Seagull Aerial LLC to operate the DJI Inspire 1 and Phantom 2 UAS commercially for the 

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

Dated: April 30, 2015 

Respectfully submitted, 

Max Seigal

Max Seigal

Seagull Aerial LLC 

747 10th St

Boulder, CO 80302

Tel: (720) 771-7789

Email: max@maxwilderness.com

35

Max Seigal
Exhibits: 

Exhibits: 

A – DJI Inspire 1 and Phantom 2 Specifications Data Sheet 

B.1– DJI Inspire 1 Manufacturer’s User Manual 

B.2 – DJI Phantom 2 Manufacturer’s User Manual 

C – DJI Inspire 1 Maintenance Manual 

D – Monthly Maintenance Log 

EXHIBIT – A 

DJI Inspire 1 and Phantom 2 Specifications Data Sheet 

36
DJI INSPIRE 1 TECHNICAL SPECIFICATIONS

Aircraft 

Model

T600

Weight (Battery Included)

2935 g

Hovering Accuracy (GPS Mode)

Vertical: 0.5 m

Horizontal: 2.5 m

Max Angular Velocity

Pitch: 300°/s

Yaw: 150°/s

Max Tilt Angle

35°

Max Ascent Speed

5 m/s

Max Descent Speed

4 m/s

Max Speed

22 m/s (ATTI mode, no wind)

Max Flight Altitude

4500 m

Max Wind Speed Resistance

10 m/s

Max Flight Time

Approximately 18 minutes

Motor Model

DJI 3510

Propeller Model

DJI 1345

Indoor Hovering

Enabled by default

Operating Temperature Range

-10° to 40° C

Diagonal Distance

559 to 581 mm

Dimensions

438x451x301 mm

Gimbal 

Model

ZENMUSE X3

Output Power (With Camera)

Static: 9 W

In Motion: 11 W

Operating Current

Station: 750 mA

Motion: 900 mA

Angular Vibration Range

±0.03°

Mounting

Detachable

Controllable Range

Pitch: -90° to +30°

37
Pan: ±320°

Mechanical Range

Pitch: -125° to +45°

Pan: ±330°

Max Controllable Speed

Pitch: 120°/s

Pan: 180°/s

Camera

Name

X3

Model

FC350

Total Pixels

12.76M

Effective Pixels

12.4M

Image Max Size

4000x3000

ISO Range

100-3200 (video)

100-1600 (photo)

Electronic Shutter Speed

8s - 1/8000s

FOV (Field Of View)

94°

CMOS

Sony EXMOR 1/2.3”

Lens

20mm (35mm format equivalent)f/2.8 focus at ∞

9 Elements in 9 groups

Anti-distortion

Still Photography Modes

Single shoot

Burst shooting: 3/5/7 frames

Auto Exposure Bracketing (AEB): 3/5 bracketed frames at 0.7EV Bias

Time-lapse

Video Recording Modes

UHD (4K): 4096x2160p24/25, 3840x2160p24/25/30

FHD: 1920x1080p24/25/30/48/50/60

HD: 1280x720p24/25/30/48/50/60

Max Bitrate Of Video Storage

60 Mbps

Supported File Formats

FAT32/exFAT

Photo: JPEG, DNG

Video: MP4/MOV (MPEG-4 AVC/H.264)

Supported SD Card Types

Micro SD

Max capacity: 64 GB. Class 10 or UHS-1 rating required.

Operating Temperature Range

0° to 40° C

38
Remote 

Controller 

Name

C1

Operating Frequency

922.7~927.7 MHz (Japan Only)

5.725~5.825 GHz

2.400~2.483 GHz

Transmitting Distance (Outdoor And Unobstructed)

2 km

EIRP

10dBm@900m, 13dBm@5.8G, 20dBm@2.4G

Video Output Port

USB, mini-HDMI

Power Supply

Built-in battery

Charging

DJI charger

Dual User Capability

Host-and-Slave connection

Mobile Device Holder

Tablet or Phone 

Max Mobile Device Width

170mm

Output Power

9 W

Operating Temperature Range

-10° to 40° C

Storage Temperature Range

Less than 3 months: -20° to 45° C

More than 3 months: 22° to 28° C

Charging Temperature Range

0-40° C

Battery

6000 mAh LiPo 2S

Charger 

Model

A14-100P1A

Voltage

26.3 V

Rated Power

100 W

Battery 

(Standard) 

Name

Intelligent Flight Battery

Model

TB47

Capacity

4500 mAh

Voltage

22.2 V

Battery Type

LiPo 6S High voltage battery

Energy

39
99.9 Wh

Net Weight

570 g

Operating Temperature Range

-10° to 40° C

Storage Temperature Range

Less than 3 months: -20° to 45° C

More than 3 months: 22° C to 28° C

Charging Temperature Range

0° to 40° C

Max Charging Power

180 W

Vision 

Positioning 

Velocity Range

Below 8 m/s (2 m above ground)

Altitude Range

5-500 cm

Operating Environment

Brightly lit (lux > 15) patterned surfaces

Operating Range

0-250 cm

40

 Phantom 2 specifications:

Aircraft Weight (Battery & Propellers Included) 1000g

Hover Accuracy (Ready To Fly) Vertical: 0.8m;

Horizontal: 2.5m

Max Yaw Angular Velocity 200°/s

Max Tilt Angle 35°

Max Ascent / Descent Speed Ascent: 6m/s; Descent: 2m/s

Max Flight Speed 15m/s

Diagonal Length 350mm

Flight Time 25mins

Take-Off Weight ≤1300g

Operating Temperature -10°C ~ 50°C

Supported Battery: DJI Smart Battery

Type: 3S LiPo

Capacity: 5200mAh, 11.1V

Charging Environment Range: 0°C to 40°C

Discharging Environment Range: -20°C to 50°C

2.4GHz Remote Control Operating Frequency:2.4GHz ISM

Communication Distance (Open Area) 1000m

Receiver Sensitivity (1%PER) -97dBm

Working Current/Voltage 120 mA@3.7V

Built-In LiPo Battery Working Current/Capacity 3.7V, 2000mAh
Exhibits: 

A – DJI Inspire 1 and Phantom 2 Specifications Data Sheet 

B.1– DJI Inspire 1 Manufacturer’s User Manual 

B.2 – DJI Phantom 2 Manufacturer’s User Manual 

C – DJI Inspire 1 Maintenance Manual 

D – Monthly Maintenance Log 

EXHIBIT – B.1

DJI Inspire 1 Manufacturer’s User Manual 

41
Exhibits: 

A – DJI Inspire 1 and Phantom 2 Specifications Data Sheet 

B.1– DJI Inspire 1 Manufacturer’s User Manual 

B.2 – DJI Phantom 2 Manufacturer’s User Manual 

C – DJI Inspire 1 Maintenance Manual 

D – Monthly Maintenance Log 

Exhibit – C 

DJI Inspire 1 Maintenance Manual

42
Exhibits: 

A – DJI Inspire 1 and Phantom 2 Specifications Data Sheet 

B.1– DJI Inspire 1 Manufacturer’s User Manual 

B.2 – DJI Phantom 2 Manufacturer’s User Manual 

C – DJI Inspire 1 Maintenance Manual 

D – Monthly Maintenance Log 

EXHIBIT – D 

Monthly Maintenance Log

43
EXHIBIT – D 

MONTHLY MAINTENANCE LOG

month: year:

UAS #: Date Issue 

Discovered

Date Issue 

Addressed Issue Description & Maintenance Conducted Maintenance Performed By:

Print & Sign

Software Updates

Airframe

Engines

Propellers

Camera Gimbal

Landing Gear

Vibration Dampening

Other:

Max Seigal

Seagull Aerial LLC 

747 10th St 

Boulder, CO 80302 

Tel: (720) 771-7789

Email: max@maxwilderness.com 

44