UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

Regulatory Docket No. _______________

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: 

Colin J Romberger

 

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS  

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

& (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL OPERATION OF DJI

PHANTOM 2 AND 3DR AERO-M FIXED WING UNMANNED AIRCRAFT SYSTEMS 

PURSUANT TO SECTION 333 OF 

THE FAA MODERNIZATION AND REFORM ACT OF 2012

(PUBLIC LAW 112-95)

Submitted on September 11, 2015

Colin J Romberger

233 Pleasant Hill Dr.

Lititz, Pennsylvania 17543

717-575-3474
TABLE OF CONTENTS Page 

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

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

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

BACKGROUND.....................................................................................................................5 

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

NAME AND ADDRESS OF PETITIONER...........................................................................7 

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH COLIN J ROMBERGER

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

THE EXTENT OF RELIEF COLIN J ROMBERGER SEEKS AND THE REASON 

COLIN J ROMBERGER SEEKS THE RELIEF.........................................................11 

THE REASONS WHY GRANTING COLIN J ROMBERGER REQUEST WOULD BE

IN THE PUBLIC INTEREST.......................................................................................14 

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY

AFFECT SAFETY...................................................................................................................17 

CONCLUSION........................................................................................................................32 
GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation 

GCS Ground Control Station 

GPS Global Positioning System

LOL Loss of Link 

NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot In Command

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

SO Safety Observer

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aerial System

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing 
SUMMARY

Colin J Romberger 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 pursuant to Section 333 of the FAA Modernization 

and Reform Act of 2012 (FMRA). This exemption will permit Colin J Romberger to operate an

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

photography of to be used in agricultural and conservation mapping, special events, inspection 

purposes, and real estate marketing over certain areas of the United States. 

INTRODUCTION AND INTERESTS OF THE PETITIONER

My name is Colin J Romberger, I am 33 years old and hold FAA Private Pilot Certificate 

Number 3698304. I am currently enrolled as a graduate student at Embry-Riddle Aeronautical 

University pursing my Master’s Degree in Unmanned Systems. In addition to my flight 

experience as a private pilot, I also have extensive experience as an R/C aircraft enthusiast flying 

various fixed-wing and rotorcraft models. Since enrolling as a graduate student at Embry Riddle, 

I have had to opportunity to design and build a few small Unmanned Aerial Systems (UAS) 

incorporating different levels of autonomous control technology.

It is my intent to use my previous aviation experience and current education in UAS to 

form a company that specializes in aerial imaging and mapping for the agricultural, forestry and 

wildlife conservation industries. In addition, the intended company will also provide video and 

photography services to private individuals and organizations in need of such services for special 

events, marketing purposes and structural inspections.

In my personal life, I enjoy many outdoor pursuits including camping, kayaking, SCUBA 

diving and motorcycling. I am married with three children and our family resides in Lititz, 

Pennsylvania, where I am currently employed by the Boy Scouts of America.
BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 2, 3DR Aero-M Fixed Wing UASs \

Colin J Romberger seeks an exemption to operate DJI and 3DR systems for 

compensation or hire within the NAS. The DJI Phantom 2 is a vertical takeoff and landing 

quadcopter rotorcraft and the 3DR Aero-M Fixed Wing UAS is a high wing, propeller driven 

fixed wing aircraft. Both systems use Ground Control Stations (GCS) utilizing electronic tablet 

or smart phone systems, as well as laptop computers and handheld radio transmitters. The DJI 

Phantom 2 has a maximum gross weight of approximately 2 pounds 11 ounces, while having a 

length of 16 inches width of 16 inches, height of 8 inches, and a maximum speed of 

approximately 29 knots. The 3DR Aero-M Fixed Wing UAS has a maximum gross weight of 7 

pounds 14 ounces, a length of 51 inches, wingspan of 74 inches, and a maximum speed of 

approximately 19 knots. The DJI Phantom 2 and 3DR Aero-M Fixed Wing UAS are powered by 

Lithium Polymer battery powered electric motors. 

The DJI Phantom 2 and 3DR Aero-M Fixed Wing UAS UAs that will be operated by 

Colin J Romberger will be registered in accordance with 49 U.S.C. 44103, Registration of 

Aircraft, as well as 14 C.F.R Part 47, Aircraft Registration, and marked in accordance with 14 

C.F.R. Part 45, Identification and Registration Marking. 

BASIS FOR PETITION

Petitioner, Colin J Romberger, 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, 3DR Aero-M Fixed Wing UASs 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, Colin J Romberger operation of DJI Phantom 2 and 3DR 
Aero-M Fixed Wing UASs 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, Colin J Romberger 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. 

Colin J Romberger submits that the requested relief is proper since an equivalent level of 

safety will be ensured. Colin J Romberger will use experienced personnel or 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, 

and DJI Phantom 2 and 3DR Aero-M Fixed Wing UAS Instruction Manual). Furthermore, Colin 

J Romberger will document and maintain all maintenance records for the DJI Phantom 2 and 

3DR Aero-M Fixed Wing UAS UASs. 

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

privileges and limitations: Pilot in command, is requested by Colin J Romberger to the extent 

necessary to allow a Pilot in Command (PIC) holding a private pilot or higher level certificate, as

well as an airman medical certificate, and who has demonstrated, by meeting minimum flighthour and currency requirements, that the PIC is able to safely operate the DJI Phantom 2 and 

3DR Aero-M Fixed Wing UASs in a manner consistent with this exemption, including evasive 

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

and structures. 

Colin J Romberger seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, 

because the DJI Phantom 2 and 3DR Aero-M Fixed Wing UASs do not require an airworthiness 

certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, Colin J Romberger submits 

that he will ensure that the DJI Phantom 2 and 3DR Aero-M Fixed Wing UASs 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 Phantom 2 and 3DR Aero-M 

Fixed Wing UAS Instruction Manual), and that the aircraft are in a condition for safe flight. 

Colin J Romberger also seeks an exemption from the requirements of Section 91.121, 

entitled Altimeter Settings, as the DJI Phantom 2 and 3DR Aero-M Fixed Wing UAS UAs will 

not have a typical barometric altimeter onboard. However, altitude information of the DJI 

Phantom 2 and 3DR Aero-M Fixed Wing UAS 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 Colin J Romberger’s operation of the DJI Phantom 2 and 3DR 

Aero-M Fixed Wing UASs within visual line of sight, at or below 500 feet AGL, will ensure a 

level of safety equivalent to Section 91.121. 

Additionally, Colin J Romberger seeks an exemption from the requirements of Section

91.151(b), entitled Fuel requirements for flight in VFR conditions. Colin J Romberger submits 

that safety will not be affected by operation of the DJI Phantom 2 and 3DR Aero-M Fixed Wing

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 13.5-40 minutes to 

the first point of intended landing and, assuming normal cruising speed, to fly after that for at 

least 4.5 minutes. 

In accordance with 14 C.F.R. § 11.81, Colin J Romberger 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: 

Colin J Romberger

233 Pleasant Hill Dr

Lititz, Pennsylvania 17543

Phone: 717-575-3474

Email: cromberg821@gmail.com

B. The Specific Sections of 14 C.F.R. From Which Colin J Romberger Seeks Exemption.

1. Colin J Romberger 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. Colin J Romberger 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. Colin J Romberger 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. Colin J Romberger 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. Colin J Romberger 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. Colin J Romberger 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. Colin J Romberger 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. Colin J Romberger 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 Colin J Romberger Seeks And The Reason Colin J Romberger

Seeks The Relief.

1. Extent Of Relief Colin J Romberger Seeks And The Reason Colin J Romberger 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, Colin J Romberger submits that an equivalent level of 

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

UAS or 3DR Aero-M Fixed Wing UAS unless that PIC has met certain flight-hour and currency 

requirements, demonstrating that the PIC is able to safely operate either the DJI Phantom 2

or 3DR Aero-M Fixed Wing 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, Colin J Romberger submits that all flights of the DJI Phantom 2 and 3DR AeroM Fixed Wing UASs, conducted by the PIC pursuant to the grant of this Petition: (1) will be 

incidental to Colin J Romberger’s business; and (2) will not carry passengers or property for 

compensation or hire. 

2. Extent Of Relief Colin J Romberger Seeks And The Reason Colin J Romberger 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 Colin J Romberger to determine that the DJI Phantom 2 and 3DR Aero-M 

Fixed Wing UASs are in airworthy condition prior to every flight by ensuring that the UAS is in 

compliance with the operating documents (i.e., the Colin J Romberger Aerial Operations

Manual, Monthly Maintenance Log, and DJI Phantom 2 and 3DR Aero-M Fixed Wing UAS

Instruction Manual). 

Colin J Romberger seeks the requested relief because the DJI Phantom 2 and

3DR Aero-M Fixed Wing UASs do not require an airworthiness certificate in accordance with 14 

C.F.R. Part 21, Subpart H. Therefore, Colin J Romberger will ensure that the DJI Phantom 2 and 

3DR Aero-M Fixed Wing UASs are in airworthy condition based upon its compliance with the 

operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 2 and 3DR Aero-M 

Fixed Wing UAS Instruction Manual) prior to every flight, and further, determine that the 

aircraft are in condition for safe flight, as stated in the conditions and limitations below. 

3. Extent Of Relief Colin J Romberger Seeks And The Reason Colin J Romberger 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 and 3DR Aero-M Fixed Wing UASs, 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), Colin J Romberger seeks the requested relief 

because the DJI Phantom 2 and 3DR Aero-M Fixed Wing UAS 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 and 3DR Aero-M Fixed Wing UAS 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 Colin J Romberger Seeks And The Reason Colin J Romberger 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 and 3DR 

Aero-M Fixed Wing UAS UAs during daylight hours in visual meteorological conditions 

(VMC), under visual flight rules (VFR), for a total duration of 13.5 minutes to the first point of 

intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes.

Colin J Romberger seeks the requested relief because without an exemption from Section 

91.151(b), the flight time duration of the battery powered DJI Phantom 2 and 3DR Aero-M 

Fixed Wing UAS UAs will severely constrain the practicality of any aerial video or still photo 

flight operations that Colin J Romberger proposes to conduct pursuant to this Petition. 

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

+ and 3DR Aero-M Fixed Wing UASs, the DJI Phantom 2 and 3DR Aero-M Fixed Wing UAS

operating documents, and Colin J Romberger proposed operating limitations, ensure that Colin J 

Romberger will safely operate the battery powered DJI Phantom 2 and 3DR Aero-M Fixed Wing 

UAS UAs during daylight hours in visual meteorological conditions (VMC), under visual flight 

rules (VFR), with enough battery power to fly for a total duration of 13.5 minutes to the first 

point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 

minutes.

5. Extent Of Relief Colin J Romberger Seeks And The Reason Colin J Romberger 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, Colin J Romberger requests relief from these

Sections because the DJI Phantom 2 and 3DR Aero-M Fixed Wing UASs do not require 

airworthiness certificates. As set forth more fully below, the DJI Phantom 2 and 3DR Aero-M 

Fixed Wing UASs meet the conditions of FMRA Section 333 for operation without an 

airworthiness certificate. Accordingly, Colin J Romberger will use 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 Colin J Romberger Aerial 

Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 and 3DR Aero-M Fixed 

Wing UAS Instruction Manual).

Furthermore, Colin J Romberger will document and maintain all maintenance records for 

the DJI Phantom 2 and 3DR Aero-M Fixed Wing UASs. 

D. The Reasons Why Granting Colin J Romberger 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 Colin J 

Romberger to safely, efficiently, and economically perform aerial mapping, video and 

photography of agricultural lands, woodlands, wetlands and structures over certain areas of the 

United States. Additionally, use of the DJI Phantom 2 and 3DR Aero-M Fixed Wing UASs will 

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

economy. Notably, the benefits of Colin J Romberger’s proposed operation of the DJI Phantom 2

and 3DR Aero-M Fixed Wing UASs will be realized without implicating any privacy issues. 

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

The DJI Phantom 2 and 3DR Aero-M Fixed Wing UAS 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 or 3DR Aero-M Fixed Wing 

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 and 3DR Aero-M Fixed Wing UAS 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 and 

3DR Aero-M Fixed Wing UASs. 

Conducting aerial acquisitions with the DJI Phantom 2 and 3DR Aero-M Fixed Wing

UASs, 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 and 3DR AeroM Fixed Wing UASs 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 and 3DR Aero-M Fixed Wing UAS 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 and 3DR Aero-M Fixed Wing UASs 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 and 3DR Aero-M Fixed Wing UAS UAs (weighing approximately 2 

pounds 11 ounces and 7 pounds 14 ounces respectively, at their maximum gross weights with 

lengths of 16 inches and 51 inches respectively, widths of 16 inches and 74 inches respectively, 

and with no fuel on board), has less physical potential for collateral damage to life and property 

on the ground, and in the air, compared to the manned aircraft that typically conduct similar 

operations (weighing approximately 6,000 pounds with a wingspan of approximately 42 feet, a 

length of 34 feet, and a fuel capacity of 180 gallons). 
3. Performing Aerial Video and Photography Operations With The DJI Phantom 2 and 

3DR Aero-M Fixed Wing UASs Will Benefit The Economy. 

In addition to being safe and efficient, the DJI Phantom 2 and 3DR Aero-M Fixed Wing 

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

operations. As such, operation of the DJI Phantom 2 and 3DR Aero-M Fixed Wing UASs will 

allow United States based companies, like Colin J Romberger, to remain competitive and 

contribute to growth of the U.S. economy. Specifically, by providing advanced imaging and 

three dimensional mapping capabilities, Colin J Romberger’s UAS operations will be able to 

give farmers, foresters, and conservationists, valuable insight into the health and wellbeing of 

their properties, crops, and wildlife. In addition, 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 and 3DR Aero-M Fixed Wing 

UASs 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 and 3DR Aero-M Fixed Wing UASs, companies such as 

Colin J Romberger, 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 and 3DR Aero-M Fixed Wing UASs, 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, Colin J Romberger’s proposed operation of the DJI Phantom 2 and 3DR Aero-M Fixed 

Wing UASs will not implicate any privacy issues. Specifically, the DJI Phantom 2 and 3DR 

Aero-M Fixed Wing UASs will be operated only in compliance with operating documents (i.e., 
the Colin J Romberger Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 

2 and 3DR Aero-M Fixed Wing UAS 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 Colin J Romberger Seeks Exemption.

1. Reasons Why The DJI Phantom 2 and 3DR Aero-M Fixed Wing UAS 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, Colin J Romberger’s operation of the DJI Phantom 2 Vision 

+ and 3DR Aero-M Fixed Wing UASs meet the conditions of FMRA Section 333, and will not 

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

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

forth requirements for considering whether a UAS will create a hazard to users of the

NAS or the public, or otherwise pose a threat to national security. Specifically, FMRA Section

333 states the following, in part: 

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

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

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

airspace system before completion of the plan and rule making required by section 332 of 

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

(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, Colin J Romberger submits that the DJI Phantom 2 and 3DR 

Aero-M Fixed Wing UASs can operate safely in the NAS pursuant to FMRA Section 333, as 

demonstrated by: (a) the characteristics of the DJI Phantom 2 and 3DR Aero-M Fixed Wing 

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

a. The Specifications Of The DJI Phantom 2 and 3DR Aero-M Fixed Wing UAS UASs

Demonstrate Its Safe Characteristics. 

The DJI Phantom 2 and 3DR Aero-M Fixed Wing UASs do not create a hazard to users 

of the NAS or the public, or otherwise pose a threat to national security considering its 

size, weight, speed, and operational capability. 

i. Technical Specifications of The DJI Phantom 2 and 3DR Aero-M Fixed Wing UAS

UASs. 

The technical specifications of the DJI Phantom 2 and 3DR Aero-M Fixed Wing

UASs are set forth by the DJI Phantom 2 and 3DR Aero-M Fixed Wing UAS

Specifications and Data Sheet, attached hereto as Exhibit A and B. 

ii. The DJI Phantom 2 and 3DR Aero-M Fixed Wing UASs Autonomous Flight And 

Navigation Modes Enable The UASs To Remain Within A Defined Operational 

Area. 

The DJI Phantom 2 and 3DR Aero-M Fixed Wing UASs may be operated in both 

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

and navigational modes of the DJI Phantom 2 and 3DR Aero-M Fixed Wing

UASs is provided at pages 25-35 of the DJI Phantom 2 and page 27 of the 3DR 

Aero-M Fixed Wing UAS User Manuals, attached hereto as Exhibit C and D. 
iii. The DJI Phantom 2 and 3DR Aero-M Fixed Wing UASs 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 and 3DR Aero-M Fixed Wing

UASs will remain in flight, for 3 seconds or more. If, after 3 seconds, the DJI 

Phantom 2 and 3DR Aero-M Fixed Wing UAS UAs do not reacquire control link 

data from the GCS, the UAs will assume that the Control Link is lost and the UAs 

will return to the home position (i.e., failsafe mode) via GPS, and will descend to 

the takeoff position and shutdown. A complete description of the Failsafe 

Functions of the DJI Phantom 2 UAS and 3DR Aero-M Fixed Wing UAS are set 

forth in the DJI Phantom 2 and 3DR Aero-M Fixed Wing UAS User Manuals, 

attached hereto as Exhibit C and D. 

iv. The DJI Phantom 2 and 3DR Aero-M Fixed Wing UAS GCS And Its Operation.

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

and 3DR Aero-M Fixed Wing UAS GCS and flight control software is provided 

in the DJI Phantom 2 User Manual and the 3DR Aero-M Fixed Wing UAS User 

Manual. DJI Phantom 2 and 3DR Aero-M Fixed Wing UAS User Manuals are 

attached hereto as Exhibits C and D. 

b. Flight Operations Of DJI Phantom 2 and 3DR Aero-M Fixed Wing UASs Are Limited 

To The Line Of Sight Of A Certificated Pilot in Command With A

Safety Observer. 

Colin J Romberger will only utilize certificated pilots who possess a current and valid

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

3DR Aero-M Fixed Wing UAS UASs. Additionally, a safety observer will assist all 

pilots during flight time. 

c. Flights Of DJI Phantom 2 and 3DR Aero-M Fixed Wing UASs Will Be Conducted 

Pursuant To Specific Operating Limitations. 

In seeking this exemption, Colin J Romberger proposes to commercially operate DJI 

Phantom 2 and 3DR Aero-M Fixed Wing UASs 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 Phantom 2 and 

3DR Aero-M Fixed Wing UAS 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 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 

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. § 

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 

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

recovered in accordance with the operating documents. 

23. The PIC must abort the flight in the event of unpredicted obstacles or 

emergencies in accordance with the operating documents. 

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

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

speed to the intended landing point and land the UAS 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 UAS 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. 

Colin J Romberger 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 and 3DR Aero-M Fixed Wing UASs 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 

or 3DR Aero-M Fixed Wing UAS in a manner consistent with the exemption, including evasive 

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

and structures. 

Considering Colin J Romberger’s proposed area of operations, and the operating

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

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

airmanship skills necessary to safely operate the DJI Phantom 2 or 3DR Aero-M Fixed Wing 

UAS, Colin J Romberger submits that the additional manned airmanship experience of a 

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

Romberger’s specific proposed flight operations. 

The FAA has previously granted relief from Section 61.113(a) and (b) specific to UAS, 

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

11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150,

11153, 11156, 11158, 11159, 11160, 11161). 

Colin J Romberger will not allow any PIC to operate the DJI Phantom 2 or 3DR Aero-M 

Fixed Wing UAS unless that PIC has demonstrated, by meeting minimum flight-hour 

requirements or the DJI Phantom 2 or 3DR Aero-M Fixed Wing UAS training and currency

requirements, that the PIC is able to safely operate the DJI Phantom 2 or 3DR Aero-M Fixed 
Wing 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 and/or UAS fixed wing pilot

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

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

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

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

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

during Colin J Romberger’s proposed operations. The Administrator has held that prior 

documented flight experience that was obtained in compliance with applicable regulations would 

ensure safe operations, stating as follows: 

In Exemption No. 11062, the FAA required that prior to conducting operations for the

purpose of motion picture filming (or similar operations), the PIC must have accumulated and 

logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of total time as a UAS rotorcraft 

pilot including at least 10 hours logged as a UAS pilot with a multi-rotor UAS. Prior to 

operations under Exemption No. 11062, the PIC must also have accumulated and logged a 

minimum of 5 hours as a UAS pilot operating the same make and model of UAS to be used for 

operations under the exemption. For clarification, the FAA considers these minimum hour 

requirements to be inclusive rather than additive; i.e. 5 hours make and model time may be 

included in the 10 hours of multi-rotor time and the 10 hours may be included in the total 25 

hours of UAS rotorcraft time. In addition to the hour requirements, the PIC must accomplish 3 

takeoffs and landings in the preceding 90 days (for currency purposes). The FAA finds that at a 

minimum, the flight-hour requirements in Exemption No. 11062 are appropriate to practice and 

build proficiency in the skills necessary to safely conduct the petitioner’s proposed operations. 

The FAA also finds that prior documented flight experience that was obtained in compliance 

with applicable regulations would satisfy this requirement. Training, proficiency, and 

experience-building flights can also be conducted under the grant of exemption to accomplish 

the required flight time. During training, proficiency, and experience-building flights the PIC is 

required to operate the UA with appropriate distances in accordance with 14 C.F.R 91.119. 

Exemption No. 11138 at page 15. 
Accordingly, Colin J Romberger will ensure safe operations by not allowing any PIC to 

operate the DJI Phantom 2 or 3DR Aero-M Fixed Wing 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 or 3DR Aero-M Fixed Wing 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, Colin J Romberger will ensure that the DJI Phantom 2 or 3DR Aero-M 

Fixed Wing 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 and 3DR Aero-M Fixed Wing 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 Colin J Romberger’s operation of the DJI Phantom 2 and

3DR Aero-M Fixed Wing 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 14 

C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the DJI Phantom 2 and 

3DR Aero-M Fixed Wing UASs; (2) the limitations on the proposed flight operations; and (3) 

the location of the proposed flight operations. Accordingly, Colin J Romberger will ensure that it 

will safely operate the battery powered DJI Phantom 2 and 3DR Aero-M Fixed Wing UAS UAs 

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

13.5 - 35 minutes to the first point of intended landing and, assuming normal cruising speed, to 

fly after that for at least 4.5 minutes. 

Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom 2 and 

3DR Aero-M Fixed Wing UASs; 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 and 3DR 

Aero-M Fixed Wing UASs 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 and 3DR Aero-M Fixed Wing UASs 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, Colin J Romberger 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 Colin

J Romberger will use trained technicians to perform maintenance, alterations, or preventive 

maintenance on the UASs using the methods, techniques, and practices prescribed in the 

operating documents (i.e., the Colin J Romberger Aerial Operations Manual, Monthly

Maintenance Log, and DJI Phantom 2 and 3DR Aero-M Fixed Wing UAS Instruction Manual). 

Furthermore, Colin J Romberger will document and maintain all maintenance records for the DJI 

Phantom 2 and 3DR Aero-M Fixed Wing UASs. 

Since the DJI Phantom 2 and 3DR Aero-M Fixed Wing UASs will be inspected as 

prescribed by the operating documents, Colin J Romberger will maintain the equivalent level of 

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

Likewise, the exemption sought will not adversely affect safety because Colin J 

Romberger 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 and 3DR Aero-M Fixed Wing UASs will be performed by trained technicians.

Maintenance will be documented and maintained utilizing a 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 Colin J Romberger’s proposed operating limitations, the operating 

documents, and the technical aspects of the DJI Phantom 2 and 3DR Aero-M Fixed Wing UASs, 

Colin J Romberger 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, Colin J Romberger requests that the

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

3DR Aero-M Fixed Wing UASs, 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 and 3DR Aero-M Fixed Wing UASs, 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 intended operation of the DJI Phantom 2 and 3DR Aero-M Fixed 

Wing UASs, which contain such safety standards that the Administrator finds necessary to 

establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 

C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 

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

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

From Which Colin J Romberger Seeks Exemption: 

Colin J Romberger 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 Colin J Romberger Seeks: 

This exemption will permit Colin J Romberger to commercially operate an Unmanned 

Aircraft System (UAS) for the purpose of conducting aerial mapping, video and photography 

over certain areas of the United States.

 

Any Additional Information, Views, Or Arguments Available To Support Colin J. 

Romberger. 

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, Colin J Romberger’s request for exemption may be 

granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as set forth above. 

FMRA Section 333 sets forth the requirements for considering whether a UAS will create a 

hazard to users of the NAS or the public, or otherwise pose a threat to national security; and 

further, provides the authority for such UAS to operate without airworthiness certification. 

As discussed in detail above, Colin J Romberger will operate the DJI Phantom 2 and 3DR AeroM Fixed Wing 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, Colin J Romberger 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 and 3DR Aero-M Fixed Wing UASs 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 Colin J Romberger to safely, efficiently,

and economically operate the DJI Phantom 2 and 3DR Aero-M Fixed Wing UASs commercially

within the NAS. 

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

Modernization and Reform Act of 2012, Section 333, Colin J Romberger 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 and

3DR Aero-M Fixed Wing UAS UASs commercially for the purpose of conducting aerial video 

and photography over certain areas of the United States.

Dated: September 11, 2015 

 Respectfully submitted,

 Colin J Romberger

 

 _________________________

 Colin J Romberger

Colin J Romberger

233 Pleasant Hill Dr

Lititz, Pennsylvania 17543

717-575-3474

Email: cromberg821@gmail.com 
Appendices:

A – DJI Phantom 2 Specifications Data Sheet 

B – 3DR Aero-M Fixed Wing UAS Specifications Data Sheet 

C – DJI Phantom 2 Users Manual

D – 3DR Aero-M Fixed Wing UAS Users Manual
APPENDIX – A

DJI PHANTOM 2 TECHNICAL SPECIFICATIONS 

General Features  Ready to Fly, Multifunctional Quad-rotor System

 Customized H3-2D and H3-3D Gimbal Support

 Precision Flight and Stable Hovering

 25min Flight Time & Smart Battery

 Auto Return-to-Home & Landing

 Advanced Power Management

 Intelligent Orientation Control (IOC)

 Easy Battery Replacement

 Self-tightening Propeller

 Video Downlink Support

 CAN-Bus Expansion Module

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(Not Recommended)

Diagonal Length

350mm

Flight Time

25mins
Take-Off Weight

≤1300g

Operating Temperature

-10°C ~ 50°C

Supported Battery

DJI Smart 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
APPENDIX – B

3DR Aero-M Specifications

Autopilot: 3DR Pixhawk V2.4.5

Firmware: ArduPlane 3.1.1

GPS: 3DR u-blox GPS with Compass (LEA-6H module, 5 Hz update)

Telemetry radio: 3DR Radio v2 (915 mHz or 433 mHz)

Motors: Tiger Motor AT2820-7 830 kV

Frame: Fixed wing

Propellers: Gemfan 11x7

Battery: 4S 6000 mAh 35C lithium polymer

Aircraft weight (with battery): 6.8 lbs (3 kg)

Aircraft dimensions: 74 in (188 cm) wingspan, 51 in (129 cm) length

Case dimensions: 60.75 in x 14.5 in x 15.5 in (154 cm x 37 cm x 39 cm)

Payload capacity: 1.1 lbs (500 g)

Radio range: .6 miles* (1 km)

Flight time: 40 min*

Maximum operational wind speed: 25 mph (11 m/s)

Landing accuracy: 6.5 ft latitude x 131 ft longitude (2 m x 40 m)

Recommended flight speed: 33 mph (15 m/s)

Camera: Canon SX260 12.1 megapixel

Camera software: 3DR EAI 1.0

Area coverage (single flight): 250 acres* (1 km2)

Orthomosaic accuracy: 3-16 ft (1-5 m)

Ground sampling distance: 2 inches per pixel* (5 cm per pixel)

Image processing software: Pix4Dmapper LT 3DR Edition (Windows only)

*Figures reflect estimated values at ideal operating conditions. Environmental conditions

can affect flight time, range, area coverage, and ground sampling distance.
APPENDIX C

DJI Phantom 2 Users Manual: 

http://download.djiinnovations.com/downloads/phantom_2/en/PHANTOM2_User_Manual_v1.4_en.pdf

APPENDIX D

3DR Aero-M Fixed Wing UAS Users Manual:

http://3drobotics.com/wp-content/uploads/2015/04/AeroM-Operation-Manual-v3.pdf