February, 15 2016

Attn:

U. S. Department of Transportation Docket Operations 

West Building Ground Floor, Room w12-140 

1200 New Jersey Ave, SE Washington, DC 20590 

RE: Jason M. Bohannon, Owner dba. Defining Elements 

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 2

UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND 

REFORM ACT OF 2012 (PUBLIC LAW 112-95) 

Jason M. Bohannon, Owner,

dba. Defining Elements 

105 Spotted Deer Trail

Boerne, TX 78006

210-745-2688

Info@defelements.com
Table of Contents

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 Defining Elements SEEKS 

EXEMPTION...................................................................................................................... 7 

THE EXTENT OF RELIEF Defining Elements SEEKS AND THE REASON Defining Elements SEEKS THE 

RELIEF................................................................................ 10 

THE REASONS WHY GRANTING Defining Elements REQUEST WOULD BE IN THE PUBLIC INTEREST 

........................................................................................................................ 12 

THE REASONS WHY GRANTING THE EXEMPTION TO Defining Elements WOULD NOT ADVERSELY AFFECT 

SAFETY........................................................................................... 14

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER............................... 23

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT Defining Elements 

REQUEST....................................................................................... 23

CONCLUSION................................................................................................................ 24

APPENDICES............................................................................................................................. 24
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

SO - Safety Observer 

SOP - Standard Operating Procedures 

UA - Unmanned Aircraft

UAS - Unmanned Aircraft System 

VFR - Visual Flight Rules 

VLOS - Visual Line of Site 

VMC - Visual Meteorological Conditions 

VTOL - Vertical Takeoff and Landing
SUMMARY

Jason M. Bohannon, Owner, dba. Defining Elements hereafter referred to as Defining Elements, 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 2) pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This 

exemption will permit Defining Elements 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, civil landscapes and events over certain areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

Defining Elements Defining Elements has been providing advanced marketing materials for the South 

Texas Commercial and Residential Real Estate community for 10 years. The objective of Defining 

Elements and our Unmanned Aircraft System (DJI Phantom 2) aerial operations is to provide highquality aerial photography and video for governmental, commercial, public, and residential uses, 

specifically targeting 

• Commercial and Residential Real-estate marketing

• Appraisals 

• Construction sites before and after 

I have 2 year of experience with flying Quadcopters.

BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 2, UAS Defining Elements seeks an exemption to operate DJI 

Phantom 2 system for compensation or hire within the NAS. The DJI Phantom 2 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 2 has a maximum gross weight of approximately 2.6 lb. while 

having a diagonal dimension of 23.8”, a maximum speed of approximately 16.4 fps and a maximum 

flying height of 400'. The DJI Phantom 2 is equipped with four main rotors; driven by Lithium Polymer 

battery powered electric motors. The DJI Phantom 2 that will be operated by 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, Defining Elements pursuant to the provisions of the Federal Aviation 

Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, 

Special Rules for Certain Unmanned Aircraft Systems, hereby petitions the Administrator to 

commercially operate the DJI Phantom 2, 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 Defining Elements operation of DJI Phantom 2 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, Defining Elements 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 apply to 

aircraft with an airworthiness certificate. 

Defining Elements submits that the requested relief is proper since an equivalent level of safety will be 

ensured. Defining Elements 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 2 Instruction 

Manual). Furthermore, Defining Elements will document and maintain all maintenance records for the 

DJI Phantom 2 UAS. 

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

limitations: Pilot in command, is requested by Defining Elements 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 or Drivers license , 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.

Defining Elements seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, because the DJI 

Phantom 2 UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart 

H. As such, Defining Elements submits that they will ensure that the DJI Phantom 2 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 2 Instruction Manual), and that 

the aircraft are in a condition for safe flight. 

Defining Elements also seeks an exemption from the requirements of Section 91.121, entitled Altimeter

Settings, as the DJI Phantom 2 UAS will not have a typical barometric altimeter onboard. However, 

altitude information of the DJI 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 UA to the 

GCS for active monitoring of the flight path. This altitude information, combined with Defining Elements

operation of the DJI Phantom 2 UAS within visual line of sight, at or below 400 feet AGL, will ensure a 

level of safety equivalent to Section 91.121.

Additionally, Defining Elements seeks an exemption from the requirements of Section 91.151(b), 

entitled Fuel requirements for flight in VFR conditions. Defining Elements submits that safety will not be 

affected by operation of the DJI 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 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, Defining Elements 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: 

Jason Bohannon

Owner, dba. Defining Elements 

105 Spotted Deer Trail

Boerne, TX 78006

210-745-2688

B. The Specific Sections Of 14 C.F.R. From Which Defining Elements Seeks 

Exemption.

 1. Defining Elements 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. Defining Elements 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. Defining Elements Seeks Exemption From The Requirements Of Section 91.121.

Section 91.121, entitled Altimeter settings, subsection (a), states the following, in part: 

 (a) Each person operating an aircraft shall maintain the cruising altitude or flight level of that 

aircraft, as the case may be, by reference to an altimeter that is set, when operating—

 (1) Below 18,000 feet MSL, to—

 (i) The current reported altimeter setting of a station along the route and within 100 

nautical miles of the aircraft; 

 (ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, 

the current reported altimeter setting of an appropriate available station; or 

 (iii) In the case of an aircraft not equipped with a radio, the elevation of the departure 

airport or an appropriate altimeter setting available before departure.

4. Defining Elements 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. Defining Elements 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. Defining Elements 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. Defining Elements 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. Defining Elements Seeks Exemption From The Requirements Of Sections 

91.417(a) And 91.417(b).

 Section 91.417, entitled Maintenance records, subsections (a) and (b), state the following: 

 (a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner or 

operator shall keep the following records for the periods specified in paragraph (b) of this section: 

 (1) Records of the maintenance, preventive maintenance, and alteration and records of the 100-

hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft 

(including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records must 

include—

 (i) A description (or reference to data acceptable to the Administrator) of the work performed; 

and 

 (ii) The date of completion of the work performed; and 

 (iii) The signature, and certificate number of the person approving the aircraft for return to 

service. 
 (2) Records containing the following information: 

 (i) The total time in service of the airframe, each engine, each propeller, and each rotor. 

 (ii) The current status of life-limited parts of each airframe, engine, propeller, rotor, and 

appliance. 

 (iii) The time since last overhaul of all items installed on the aircraft which are required to be 

overhauled on a specified time basis. 

 (iv) The current inspection status of the aircraft, including the time since the last inspection 

required by the inspection program under which the aircraft and its appliances are maintained. 

 (v) The current status of applicable airworthiness directives (AD) and safety directives including, 

for each, the method of compliance, the AD or safety directive number and revision date. If the AD or 

safety directive involves recurring action, the time and date when the next action is required. 

 (vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to the 

airframe and currently installed engines, rotors, propellers, and appliances. 

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

 (1) The records specified in paragraph (a)(1) of this section shall be retained until the work is 

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

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

the aircraft at the time the aircraft is sold. 

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

be retained until the defects are repaired and the aircraft is approved for return to service.

 C. The Extent Of Relief Defining Elements Seeks And The Reason Defining Elements Seeks 

The Relief. 

 1. Extent Of Relief Defining Elements Seeks And The Reason Defining Elements 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 or drivers license, 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, Defining Elements submits that an equivalent level of safety will be maintained 

because no PIC will be allowed to operate the DJI Phantom 2 UAS unless that PIC has met certain flighthour and currency requirements, demonstrating that the PIC is able to safely operate either the DJI 

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, Defining Elements submits that all flights of the 

DJI Phantom 2 UAS, conducted by the PIC pursuant to the grant of this Petition: 

 (1) will be incidental to Defining Elements business; and 

 (2) will not carry passengers or property for compensation or hire. 

 2. Extent Of Relief Defining Elements Seeks And The Reason Defining Elements 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 Defining Elements to determine that the DJI Phantom 2 UAS are in airworthy condition prior to 

every flight by ensuring that the UAS is in compliance with the operating documents (i.e., Defining 

Elements Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 Instruction Manual). 

Defining Elements seeks the requested relief because the DJI Phantom 2 UAS do not require an 

airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Defining Elements 

will ensure that the DJI Phantom 2 UAS are in airworthy condition based upon its compliance with the 

operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 2) 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 Defining Elements Seeks And The Reason Defining Elements Seeks Relief 

From Section 91.121. 

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

the DJI Phantom 2 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), Defining Elements 

seeks the requested relief because the DJI Phantom 2 UA’s altimeter may be set on the ground to zero 

feet AGL, rather than the local barometric pressure or field altitude, before each flight. 
 Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is sought to 

the extent necessary to comply with the applicable conditions and limitations stated below. As more 

fully set forth herein, an equivalent level of safety will be maintained since the DJI Phantom 2 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 Defining Elements Seeks And The Reason Defining Elements Seeks Relief 

From Section 91.151(b). 

 Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is requested to 

the extent required to allow flights of the battery powered DJI Phantom 2 UAS during daylight hours in 

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

minutes. Defining Elements seeks the requested relief because without an exemption from Section 

91.151(b), the flight time duration of the 12 battery powered DJI Phantom 2 UAS will severely constrain 

the practicality of any aerial video or still photo flight operations that Defining Elements proposes to 

conduct pursuant to this Petition. 

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

Phantom 2 operating documents, and The Defining Elements proposed operating limitations, ensure 

that Defining Elements will safely operate the battery powered DJI 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 23 minutes. 

5. Extent Of Relief The Defining Elements Seeks And The Reason Defining Elements 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, Defining Elements requests relief from these Sections because 

the DJI Phantom 2 UAS do not require airworthiness certificates. As set forth more fully below, the DJI 

Phantom 2 UAS meet the conditions of FMRA Section 333 for operation without an airworthiness 

certificate. Accordingly, Defining Elements 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 (i.e., Defining Elements Aerial Operations Manual, Monthly 

Maintenance Log, and DJI Phantom 2 Instruction Manual). Furthermore, Defining Elements will 

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

 D. The Reasons Why Granting Defining Elements 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 Defining Elements 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 2 UAS will decrease congestion of the NAS, reduce pollution

(lack of fossil fuels, and provide significant benefits to the economy by providing a valuable commodity 

to our clients. Notably, the benefits of Defining Elements proposed operation of the DJI Phantom 2 UAS 

will be realized without implicating any privacy issues. 
 1. The Public Will Benefit From Decreased Congestion Of The NAS.

 The DJI 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 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 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 Phantom 2 UAS. 

 Conducting aerial acquisitions with the DJI 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 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 Phantom 2 UAS, while reducing the carbon footprint of aerial acquisitions, also 

eliminates noise pollution, as the UAS are propelled by battery powered electric motors, rather than an 

internal combustion engine. 

 By using the DJI Phantom 2 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 2 UAS (weighing approximately 2.6 pounds at 

their maximum gross weight with diagonal dimension of 23.8 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 2 UAS Will 

Benefit the Economy.

 In addition to being safe and efficient, the DJI Phantom 2 UAS are also an economical alternative to 

using manned aircraft to conduct similar aerial operations. As such, operation of the DJI Phantom 2 UAS 

will allow United States based companies, like Defining Elements to remain competitive and contribute 

to growth of the U.S. economy. Specifically, with the rising cost of aviation fuel and the Environmental 

Protection Agency (“EPA”) regulatory actions phasing out leaded aviation fuels, U.S. owned and 

operated companies must adopt new and alternative technology in order to remain competitive. 

 Operating the battery powered DJI Phantom 2 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. By operating the DJI Phantom 2 UAS, 

companies such as Defining Elements can remain competitive and profitable, and therefore, provide 
greater job stability to employees and contractors, which will ultimately contribute to growth of the U.S. 

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

Phantom 2 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, 

Defining Elements proposed operation of the DJI Phantom 2 UAS will not implicate any privacy issues. 

Specifically, the DJI Phantom 2 UAS will be operated only in compliance with operating documents (i.e., 

Defining Elements Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 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 Defining Elements Seeks Exemption.

 1. Reasons Why The DJI 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, Defining Elements operation of the DJI 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. 15 

 (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, Defining Elements submits that the DJI Phantom 2 UAS can operate safely 

in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the DJI 

Phantom 2 UAS; (b) the pilot certification requirement; and (c) the specific operating limitations.

 a. The Specifications Of The DJI Phantom 2 UAS Demonstrate Its Safe Characteristics.

 The DJI Phantom 2 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 2 UAS. The technical specifications of the DJI 

Phantom 2 UAS are set forth by the DJI Phantom 2 User Manual, attached hereto as 

Appendix A.

ii. The DJI Phantom 2 UAS Global Positioning Modes Enable The UAS To Remain Within A 

Defined Operational Area. The DJI Phantom 2 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 2 UAS is provided at pages 11 of the DJI Phantom 2 User Manual 

attached hereto as Appendix A. 

iii. The DJI 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 

Phantom 2 UAS will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, 

the DJI Phantom 2 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. A complete 

description of the Failsafe Functions of the DJI Phantom 2 UAS are set forth at pages 32 

through 41 of the DJI Phantom 2 User Manual, attached hereto as Appendix A.

iv. The DJI Phantom 2 and Its Operation.

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

flight control software is provided at pages 7 through 15 of the DJI Phantom 2 User 

Manual. DJI Phantom 2 User Manual is attached hereto as Appendix A.

b. Flight Operations Of DJI Phantom 2 UAS Is Limited To The Line Of Sight Of A 

Certificated Pilot in Command With A Safety Observer. Defining Elements video 

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

Phantom 2 UAS. Additionally, a safety observer will assist him at all times during flight 

time. 

c. Flights Of DJI Phantom 2 UAS Will Be Conducted Pursuant To Specific Operating 

Limitations. In seeking this exemption, Defining Elements proposes to commercially 

operate DJI 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 UAS weighing less than 55 

pounds maximum gross weight: DJI Phantom 2 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. 

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

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

must be able to communicate verbally at all times. Electronic messaging or texting is not 

permitted during flight operations. The PIC must be designated before the flight and 

cannot transfer his or her designation for the duration of the flight. The PIC must ensure 

that the SO can perform the functions prescribed in the operating documents. 

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

avoiding other air traffic and other ground based obstacles/obstructions and is not 

permitted to operate the camera or other instruments. 

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

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

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

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

contained in the grant of exemption take precedence and must be followed. Otherwise, 

the operator must follow the procedures as outlined in its operating documents. The 

operator may update or revise its operating documents. It is the operator’s responsibility 

to track such revisions and present updated and revised documents to the Administrator 

upon request. The operator must also present updated and revised documents if it 

petitions for extension or amendment to the grant of exemption. If the operator 

determines that any update or revision would affect the basis upon which the FAA 

granted the exemption, then the operator must petition for amendment to its grant of 

exemption. The FAA’s UAS Integration Office (AFS-80) may be contacted if questions 

arise regarding updates or revisions to the operating documents. 

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

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

UAS, the aircraft is prohibited from operating until the necessary maintenance has been 

performed and the UAS is found to be in a condition for safe flight. The Ground Control 
Station must be included in the preflight inspection. All maintenance and alterations 

must be properly documented in the aircraft records. 

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

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

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

make an entry in the aircraft records.

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

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

sections of the operating documents. 

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

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

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

requirements, in accordance with the operating documents. Maintenance, inspection, 

alterations, and status of replacement/overhaul component parts must be noted in the 

aircraft records, including total time in service, description of work accomplished, and 

the signature of the authorized person returning the UAS to service. 

 15. Each UAS 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 

thirdclass medical certificate or drivers license. 

 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. 

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

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

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

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

operation. All operations shall be conducted in accordance with airspace requirements in 

the ATO issued COA including class of airspace, altitude level and potential transponder 

requirements. 

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

number, registered in accordance with 14 C.F.R. part 47, and have identification (N

Number) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must be as 

large as practicable. 

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

and control of the UA must comply with the Federal Communications Commission (FCC) 

or other appropriate government oversight agency requirements. 

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

the PIC at the Ground Control Station of the UAS any time the UAS is operating. These 

documents must be made available to the Administrator or any law enforcement official 

upon request. 

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

operations and activities at all times. 

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

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

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

vehicles, and structures unless: 

 a. Barriers or structures are present that sufficiently protect nonparticipating 

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

ensure that nonparticipating persons remain under such protection. If a situation arises 
where nonparticipating persons leave such protection and are within 500 feet of the UA, 

flight operations must cease immediately and/or; 

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

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

PIC has made a safety assessment of the risk of operating closer to those objects and 

determined that it does not present an undue hazard, and; 

 c. Operations nearer to the PIC, SO, operator trainees or essential persons do not 

present an undue hazard to those persons per § 91.119(a). 

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

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

from land owner/controller or authorized representative will be obtained for each flight 

to be conducted. 

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

boundaries of the operational area as defined by the applicable COA. must be reported 

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

to the National Transportation Safety Board (NTSB) per instructions contained on the 

NTSB Web site: www.ntsb.gov. 

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

Not Adversely Affect Safety.

 Defining Elements submits that the equivalent level of safety established by Section 61.113(a) and 

(b) will be maintained because no PIC will be allowed to operate the DJI Phantom 2 UAS unless that PIC 

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

safely operate the DJI Phantom 2 UAS in a manner consistent with the exemption, including evasive and 

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

structures. 

 Considering Defining Elements proposed area of operations, and the operating limitations set forthabove; the parallel nature of private pilot aeronautical knowledge requirements to those of commercial 

pilot requirements (See Exemption No. 11062); and the airmanship skills necessary to safely operate the 

DJI Phantom 2 UAS, Defining Elements submits that the additional manned airmanship experience of a 

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

Elements 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 pSresented herein (e.g. Exemption Nos. 11062, 

11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 

11158, 11159, 11160, 11161). 

 Defining Elements will not allow any PIC to operate the DJI Phantom 2 UAS unless that PIC has 

demonstrated, by meeting minimum flight-hour requirements or the DJI Phantom 2 UAS training and 

currency requirements, that the PIC is able to safely operate the DJI 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 21 hours 

as a UAS pilot operating the same make and model of UAS to be used for operations under the 

exemption). In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in 

the preceding 90 days (for currency purposes). 

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

obtained in compliance with applicable regulations will ensure an equivalent level of safety during 

Defining Elements 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, page 15. 

 Accordingly, Defining Elements, will ensure safe operations by not allowing any PIC to operate 

the DJI 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 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 because prior to 

every flight, Defining Elements, will ensure that the DJI 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 Phantom 2 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 Defining Elements operation of the 

DJI 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 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 2 UAS; 

 (2) the limitations on the proposed flight operations; and 

 (3) the location of the proposed flight operations. Accordingly, Defining Elements will ensure 

that it will safely operate the battery powered DJI Phantom 2 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 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 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 33% remaining 

battery power, and again at approximately 10% remaining battery power. At the critically low battery 

level, the DJI 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). 
 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, Defining Elements 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 Defining Elements 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., Defining Elements 

Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 Instruction Manual). 

Furthermore, Defining Elements will document and maintain all maintenance records for the DJI 

Phantom 2 UAS. 

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

Elements 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 2 User Manuals are attached hereto as Appendix A and B; a 

copy of the DJI Phantom 2 UAS Maintenance LOG is attached hereto as Appendix C. 

 Likewise, the exemption sought will not adversely affect safety because Defining Elements will use 

trained technicians to perform maintenance, alterations or preventive maintenance on the UAS using 

the methods, techniques, and practices prescribed by the operating documents. 

 Furthermore, the exemption sought would maintain an equivalent level of safety established by 

Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the DJI Phantom 2 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 Defining Elements proposed operating limitations, the operating documents, and 

the technical aspects of the DJI Phantom 2 UAS, Defining Elements 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,

 Defining Elements requests that the FAA prescribe special conditions for the intended operation of 

the DJI 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 authority for such UAS to operate without airworthiness certification in accordance with any 

requirements that must be established for the safe operation of the UAS in the NAS. 

 Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for 

operation of the DJI Phantom 2 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 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 25 61.113(a) & (b), 91.7(a), 91.121, 

91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). 

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

Defining Elements Seeks Exemption:

 Defining Elements 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 Defining Elements Seeks:

 This exemption will permit Defining Elements 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 The Defining Elements’

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, Defining Elements 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 poses a threat to national security; and further, provides the 

authority for such UAS to operate without airworthiness certification. As discussed in detail above, 

Defining Elements will operate the DJI Phantom 2 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, Defining Elements seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 

of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe operation of the DJI 

Phantom 2 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 Defining Elements

to safely, efficiently, and economically operate the DJI Phantom 2 UAS commercially within the NAS. 

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

Reform Act of 2012, Section 333, Defining Elements 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 Leading 

Edge to operate the DJI Phantom 2 UAS commercially for the purpose of conducting aerial video and 

photography over certain areas of the United States. 

Dated: February 15, 2016

Respectfully submitted, 

Jason M. Bohannon, dba. Defining Elements 

105 Spotted Deer Trail

Boerne, TX 78006

210-745-2688

Appendices: 

A – Link to DJI Phantom 2 Manual: Click on link below 

http://dl.djicdn.com/downloads/phantom_2/en/PHANTOM2_User_Manual_v1.4_en.pdf