September 17, 2015

Exemption No. 12889

Regulatory Docket No. FAA−2015−2702

Mr. Michael Overstreet

Key Productions

7775 North Legend Vista Place

Tucson, AZ 85743

Dear Mr. Overstreet:

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends.

By letter dated June 4, 2015, you petitioned the Federal Aviation Administration (FAA) on 

behalf of Key Productions (hereinafter petitioner or operator) for an exemption. The 

petitioner requested to operate an unmanned aircraft system (UAS) to conduct aerial 

photography and videography for construction sites, real estate, and landscape.

See Appendix A for the petition submitted to the FAA describing the proposed operations and 

the regulations that the petitioner seeks an exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to the petitioner.

Airworthiness Certification

The UAS proposed by the petitioner is a DJI Phantom 2 Vision+.

In accordance with the statutory criteria provided in Section 333 of Public Law 112−95 in

reference to 49 U.S.C. § 44704, and in consideration of the size, weight, speed, and limited 

operating area associated with the aircraft and its operation, the Secretary of Transportation 

has determined that this aircraft meets the conditions of Section 333. Therefore, the FAA 
2

finds that relief from 14 CFR part 21, Certification procedures for products and parts, 

Subpart H—Airworthiness Certificates, and any associated noise certification and testing 

requirements of part 36, is not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection1. The FAA has issued grants of 

exemption in circumstances similar in all material respects to those presented in your petition. 

In Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352), 

11109 to Clayco, Inc. (see Docket No. FAA−2014−0507), 11112 to VDOS Global, LLC (see

Docket No. FAA−2014−0382), and 11213 to Aeryon Labs, Inc. (see Docket No. 

FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned 

aircraft (UA) with the specifications described by the petitioner and carrying no passengers or 

crew, rather than a manned aircraft of significantly greater proportions, carrying crew in 

addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled 

by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I find that—

 They are similar in all material respects to relief previously requested in Grant of 

Exemption Nos. 11062, 11109, 11112, and 11213;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 

11213 also apply to the situation you present; and 

 A grant of exemption is in the public interest.

Our Decision

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

Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, 

delegated to me by the Administrator, Key Productions is granted an exemption from 14 CFR 

§§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 91.121, 

91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to the 

extent necessary to allow the petitioner to operate a UAS to perform aerial data collection. 

This exemption is subject to the conditions and limitations listed below.

Conditions and Limitations

In this grant of exemption, Key Productions is hereafter referred to as the operator.

 

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. 

Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF 

analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by 

instruments aboard the UA.
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Failure to comply with any of the conditions and limitations of this grant of exemption will be 

grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the DJI Phantom 2 

Vision+ when weighing less than 55 pounds including payload. Proposed operations 

of any other aircraft will require a new petition or a petition to amend this exemption.

2. Operations for the purpose of closed-set motion picture and television filming are 

not permitted. 

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The 

exemption holder may use either groundspeed or calibrated airspeed to determine 

compliance with the 87 knot speed restriction. In no case will the UA be operated at 

airspeeds greater than the maximum UA operating airspeed recommended by the 

aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level 

(AGL). Altitude must be reported in feet AGL.

5. The UA 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 or 

U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within 

the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used 

to satisfy the VLOS requirement as long as the PIC always maintains VLOS 

capability. The VO 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 VO can perform the duties 

required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its 

operations in accordance with the conditions and limitations stated in this grant of 

exemption, are hereinafter referred to as the operating documents. The operating 

documents must be accessible during UAS operations and made available to the 

Administrator upon request. If a discrepancy exists between the conditions and 

limitations in this exemption and the procedures outlined in the operating documents, 

the conditions and limitations herein 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 or any law enforcement official upon request. The 
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operator must also present updated and revised documents if it petitions for extension 

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

or revision would affect the basis upon which the FAA granted this exemption, then 

the operator must petition for an 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.

8. 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 prior to conducting further operations under this exemption. 

Functional test flights may only be conducted by a PIC with a VO and must remain at 

least 500 feet from other people. The functional test flight must be conducted in such 

a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is 

in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the 

UAS is in a condition for safe flight. The pre-flight inspection must account for all 

potential discrepancies, e.g., inoperable components, items, or equipment. 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.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, 

replacement, inspection, and life limit requirements for the aircraft and 

aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer 

safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, 

commercial, private, recreational, or sport pilot certificate. The PIC must also hold a 

current FAA airman medical certificate or a valid U.S. driver’s license issued by a 

state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal 

government. The PIC must also meet the flight review requirements specified in 

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the 

ability to safely operate the UAS in a manner consistent with how the UAS will be 

operated under this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from persons, vessels, vehicles and structures. PIC 

qualification flight hours and currency must be logged in a manner consistent with 

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs 
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(training, proficiency, and experience-building) and determining the PIC’s ability to 

safely operate the UAS in a manner consistent with how the UAS will be operated 

under this exemption are permitted under the terms of this 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 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All 

operations must be conducted under visual meteorological conditions (VMC). Flights 

under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not 

denoted with an ARP, the center of the airport symbol as denoted on the current 

FAA-published aeronautical chart, unless a letter of agreement with that airport’s 

management is obtained or otherwise permitted by a COA issued to the exemption 

holder. The letter of agreement with the airport management must be made available 

to the Administrator or any law enforcement official upon request.

17. 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.

18. If the UAS loses communications or loses its GPS signal, the UA must return to a 

pre-determined location within the private or controlled-access property.

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

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

weather conditions) there is enough available power for the UA to conduct the 

intended operation and to operate after that for at least five minutes or with the reserve 

power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All 

operations shall be conducted in accordance with an ATO-issued COA. The 

exemption holder may apply for a new or amended COA if it intends to conduct 

operations that cannot be conducted under the terms of the attached COA.

22. All aircraft operated in accordance with this exemption must be identified by serial 

number, registered in accordance with 14 CFR part 47, and have identification 

(N−Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must 

be as large as practicable.
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23. Documents used by the operator to ensure the safe operation and flight of the UAS and 

any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the 

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

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

official upon request.

24. The UA must remain clear and give way to all manned aviation operations and 

activities at all times. 

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

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

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 in a manner ensuring the safety 

of nonparticipating persons; and

b. The owner/controller of any vessels, vehicles or structures has granted permission 

for operating closer to those objects 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.

The PIC, VO, operator trainees or essential persons are not considered 

nonparticipating persons under this exemption.

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

permission from the property owner/controller or authorized representative. 

Permission from property owner/controller or authorized representative will be 

obtained for each flight to be conducted.

28. 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.

If this exemption permits operations for the purpose of closed-set motion picture and 

television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) 

as documented in this grant of exemption.
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30. At least 3 days before aerial filming, the operator of the UAS affected by this 

exemption must submit a written Plan of Activities to the local Flight Standards 

District Office (FSDO) with jurisdiction over the area of proposed filming. The 3-day 

notification may be waived with the concurrence of the FSDO. The plan of activities 

must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted 

under this grant of exemption;

c. Name and phone number of the person responsible for the on-scene operation of 

the UAS;

d. Make, model, and serial or N−Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;

f. A statement that the operator has obtained permission from property owners 

and/or local officials to conduct the filming production event; the list of those 

who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city, 

town, county, and/or state over which filming will be conducted and the altitudes 

essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons 

consenting to be involved and necessary for the filming production, as specified in the 

exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS 

operations must comply with all applicable parts of 14 CFR including, but not limited to, 

parts 45, 47, 61, and 91.

This exemption terminates on September 30, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

Regulatory Docket No. _______________

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

KEY PRODUCTIONS

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS

SECTIONS 61.315(c), 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 VISION+  UNMANNED AIRCRAFT SYSTEM

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012

(PUBLIC LAW 112-95)

Submitted on June 4, 2015

Michael Hampton Overstreet

Key Productions

7775 N. Legend Vista Pl.

Tucson, AZ 85743

Tel: (520) 490-8670
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 KEY PRODUCTIONS

PHOTOGRAPHY SEEKS EXEMPTION................................................................ 7

THE EXTENT OF RELIEF KEY PRODUCTIONS SEEKS AND THE

REASON KEY PRODUCTIONS SEEKS THE RELIEF..................................... 11

THE REASONS WHY GRANTING KEY PRODUCTIONS REQUEST

WOULD BE IN THE PUBLIC INTEREST .......................................................... 14

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT

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

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER......... 31

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS

AVAILABLE TO SUPPORT KEY PRODUCTIONS REQUEST........................... 31

CONCLUSION...................................................................................................................... 32

APPENDICES.......................................................................................... 34

2
GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOPA Aircraft Owners and Pilots Association 

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

BFR Biannual Flight Review 

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

NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot In Command

POH Pilots Operating Handbook 

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

SO Safety Observer

TSA Transportation Security Administration 

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing

3
SUMMARY

KEY PRODUCTIONS seeks exemption from the requirements of 14 C.F.R §§

61.315(c), 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

KEY PRODUCTIONS to operate an Unmanned Aircraft System (UAS) for the

commercial purpose of conducting aerial video and photography of construction sites, real

estate, and landscape over certain areas of the United States. 

INTRODUCTION AND INTERESTS OF THE PETITIONER

KEY PRODUCTIONS, a two time Emmy Award Winning Production company, seeks to 

 

expand its capabilities to clients beyond what we have been providing since 1974 by way of 

aerial photography in both fixed wing and rotary aircraft while both lowering the cost and 

increasing the safety of both the crew and the public in general by the use of a small Unmanned 

Aircraft System (UAS). 

The Petitioner, Michael Hampton Overstreet, owner of KEY PRODUCTIONS, has been a 

Certificated Light Sport pilot since October, 2010, has his TSA Endorsement, 

is a member of AOPA, is trained and authorized into class B, C or D airspace 

having received the training required by § 61.325, is current in all respects with 173.7 

total flight hours in a variety of aircraft, 132.5 of which have been as PIC. His health is 

excellent and his next BFR, per § 61.56(a) is due in January, 2016. 

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BACKGROUND

KEY PRODUCTIONS seeks an exemption to operate the DJI systems  

for compensation or hire within the NAS. The DJI Phantom 2 Vision+ is a 

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

Vision+ 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 27 knots. The DJI Phantom 2 Vision+ UA is equipped with four main rotors   

driven by Lithium Polymer battery powered electric motors.

The DJI Phantom 2 Vision+ that will be operated by KEY PRODUCTIONS

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, KEY PRODUCTIONS, 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 Vision+ 

UAS in the National Airspace System (NAS), and for an exemption from the

requirements of 14 C.F.R §§ 61.315(c), 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, KEY PRODUCTIONS operation of the DJI

Phantom 2 Vision+ 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.

5
Accordingly, KEY PRODUCTIONS 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.

KEY PRODUCTIONS submits that the requested relief is proper since an

equivalent level of safety will be ensured. KEY PRODUCTIONS 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., KEY PRODUCTIONS developed Aerial Operations Manual, similar to a POH, 

Flight and Maintenance Logbooks, and the DJI Phantom 2 Vision+ factory Instruction Manual 

including but not limited to maintaining appropriate distances from people, vessels, vehicles. 

structures and clouds and obtaining a weather briefing prior to operation.

KEY PRODUCTIONS seeks relief from Section 91.7(a), entitled Civil aircraft

airworthiness, because the DJI Phantom 2 Vision+ UAS does not require an  

airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such,

KEY PRODUCTIONS submits that it will ensure that the DJI Phantom 2 Vision+ UAS 

is in an airworthy condition and safe to fly, prior to every flight, by determining that the UAS

is in compliance with the operating documents noted above and that the PIC has carefully 

surveyed the area wherein the flight will occur.

KEY PRODUCTIONS also seeks an exemption from the requirements of Section

91.121, entitled Altimeter Settings, as the DJI Phantom 2 Vision+ UA will not have  

a typical barometric altimeter onboard, however, altitude information of the

DJI Phantom 2 Vision+ UA will be provided to the PIC via Global Positioning System (GPS) 

6 
equipment and a radio communications telemetry data link, which downlinks from the  

UA to the GCS real time information regarding altitude and the flight path (as well as speed, 

distance, direction, battery condition, and distance from the GCS). This altitude information,

combined with KEY PRODUCTIONS operation of the DJI Phantom 2 Vision+ UAS 

within visual line of sight, at or below 400 feet AGL, will ensure a level of safety  

equivalent to Section 91.121.

Additionally, KEY PRODUCTIONS seeks an exemption from the requirements

of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions. KEY 

PRODUCTIONS submits that safety will not be affected by operation of the DJI Phantom 2

Vision+ UA 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 14 minutes to the first point of intended landing and, assuming

normal cruising speed, to fly after that for at least 4 minutes.

In accordance with 14 C.F.R. § 11.81, KEY PRODUCTIONS 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:

Michael Hampton Overstreet

D.B.A. KEY PRODUCTIONS

7775 N. Legend Vista Pl.

Tucson, AZ 85743

Tel: (520) 490‐8670

Email: mike@keyproductionstv.com

B. The Specific Sections Of 14 C.F.R. From Which KEY PRODUCTIONS Seeks

Exemption.

1. KEY PRODUCTIONS Seeks Exemption From The Requirements Of

Section 61.315(c).

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Section 61.315, entitled What are the priveleges and limits of my Sport Pilot

Certificate: Pilot in command,

Subsection (c) prescribes the following, in relevant part:

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

    (2) For compensation or hire.

    (3) In furtherance of a business.

    (5) At night

    (7) In class B, C, and D airspace...unless you have met the requirements specified in §61.325

   (12) When the flight or surface visibility is less than 3 statue miles.

2. KEY PRODUCTIONS 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. KEY PRODUCTIONS 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. KEY PRODUCTIONS Seeks Exemption From The Requirements Of

Section 91.151(b).

8 
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. KEY PRODUCTIONS 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. KEY PRODUCTIONS 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. KEY PRODUCTIONS 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.

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8. KEY PRODUCTIONS 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.

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(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 KEY PRODUCTIONS Seeks And The Reason KEY PRODUCTIONS 

Seeks The Relief.

1. Extent Of Relief KEY PRODUCTIONS Seeks And The Reason KEY 

PRODUCTIONS Seeks Relief From Section 61.315(c).

Relief from Section 61.315c) entitled What are the priveleges and limits of my   

Sport Pilot Certificate: Pilot in command, is requested to the extent necessary to  

allow a PIC holding a Sport Pilot Certificate who has met currency requirements, to conduct the

proposed UAS flight operations for compensation or hire.

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

state that a sport pilot may not, for compensation or hire, act as PIC of an aircraft in

connection with any business or employment.

As set forth more fully below, KEY PRODUCTIONS submits that an equivalent

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

Phantom 2 Vision+ UAS unless that PIC is able to demonstrate that the PIC  

is able to safely operate either the DJI Phantom 2 Vision+ 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 and clouds.

11 
Further, KEY PRODUCTIONS submits that all flights of the DJI Phantom 2

Vision+ UAS, conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental 

to KEY PRODUCTIONS business; and (2) will not carry passengers or property for 

compensation or hire.

2. Extent Of Relief KEY PRODUCTIONS Seeks And The Reason KEY 

PRODUCTIONS 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 KEY PRODUCTIONS to determine that the DJI Phantom 2 

Vision+ UAS is in airworthy condition prior to every flight by ensuring that the

UAS is in compliance with the operating documents as noted above.

KEY PRODUCTIONS seeks the requested relief because the DJI Phantom 2

Vision+ UAS does not require an airworthiness certificate in accordance

with 14 C.F.R. Part 21, Subpart H. Therefore, KEY PRODUCTIONS will ensure that the

DJI Phantom 2 Vision+ UAS is in airworthy condition based upon its

compliance with the operating documents as noted above prior to every flight,  

and further, determine that the aircraft is in condition for safe flight, as stated in the  

conditions and limitations below.

3. Extent Of Relief KEY PRODUCTIONS Seeks And The Reason KEY 

PRODUCTIONS 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 Vision+ UAS, which utilizes 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

12 
be reported to air traffic control (ATC) in feet above ground level (AGL), KEY 

PRODUCTIONS seeks the requested relief because the DJI Phantom 2 Vision+ UA’s  

Altimeter is automatically 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 Vision+ UA is 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 KEY PRODUCTIONS Seeks And The Reason KEY 

PRODUCTIONS 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 Vision+ UA during daylight hours in visual meteorological

conditions (VMC), under visual flight rules (VFR), for a total duration of 14 minutes to

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

at least 4 minutes. KEY PRODUTIONS seeks the requested relief because without an

exemption from Section 91.151(b), the flight time duration of the battery powered DJI

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

photo flight operations that KEY PRODUCTIONS proposes to conduct pursuant to  

this Petition.

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

13 
Vision+ UAS, the operating documents of the DJI Phantom 2 Vision+ UAS, and KEY   

PRODUCTIONS proposed operating limitations, ensure that KEY PRODUCTIONS 

will safely operate the battery powered DJI Phantom 2 Vision+ 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 14 minutes to the first point of intended  

landing and, assuming normal cruising speed, to fly after that for at least 4 minutes.

5. Extent Of Relief KEY PRODUCTIONS Seeks And The Reason KEY 

PRODUCTIONS 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, KEY PRODUCTIONS requests

relief from these Sections because the DJI Phantom 2 Vision+ UAS does not

require an airworthiness certificate. As set forth more fully below, the DJI Phantom 2

Vision+ UAS meets the conditions of FMRA Section 333 for operation

without an airworthiness certificate. Accordingly, KEY PRODUCTIONS 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. 

Furthermore, KEY PRODUCTIONS will document and maintain all maintenance  

records for the DJI Phantom 2 Vision+ UAS.

D. The Reasons Why Granting KEY PRODUCTIONS 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 KEY 

PRODUCTIONS to safely, efficiently, and economically perform aerial video  

and photography of construction sites, real estate, and landscape over

14 
certain areas of the United States. Additionally, use of the DJI Phantom 2 Vision+ UAS

will decrease congestion of the NAS, reduce pollution, and provide  

significant benefits to the economy. Notably, the benefits of KEY 

PRODUCTIONS proposed operation of the DJI Phantom 2 Vision+ UAS

will be realized without implicating any privacy issues.

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

The DJI Phantom 2 Vision+ UAS is battery powered and serves

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 Vision+ 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 Vision+ UAS does 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 Vision+ UAS. 

Conducting aerial acquisitions with the DJI Phantom 2 Vision+ 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

15 
photography flight operations. By using battery power and electric motors, the DJI

Phantom 2 Vision+ UAS produces 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 Vision+ 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 Vision+ 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 Vision+ UAS, weighing approximately 2 pounds  

11 ounces at maximum gross weights with a length and width of 16 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 are typically used to 

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 Vision+ UAS Will Benefit The Economy.

In addition to being safe and efficient, the DJI Phantom 2 Vision+ UASs is

also an economical alternative to using manned aircraft to conduct similar

aerial operations. As such, operation of the DJI Phantom 2 Vision+ UAS will  

16 
allow United States based companies, like KEY PRODUCTIONS, 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 Vision+ 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 Vision+ UAS, companies such

as KEY PRODUCTIONS 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 Vision+ 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, KEY PRODUCTIONS proposed operation of the DJI Phantom 2 Vision+ UAS  

will not implicate any privacy issues.

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 KEY PRODUCTIONS Seeks Exemption.

1. Reasons Why The DJI Phantom 2 Vision+ 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

17 
with the unmanned aircraft and its operation, KEY PRODUCTIONS operation of the

DJI Phantom 2 Vision+ UAS meets 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.

(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, KEY PRODUCTIONS submits that the DJI Phantom 2

Vision+ UAS can operate safely in the NAS pursuant to FMRA Section 333,

as demonstrated by: (a) the characteristics of the DJI Phantom 2 Vision+ UAS; (b) the pilot 

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

18 
a. The Specifications Of The DJI Phantom 2 Vision+ UAS Demonstrate  

Its Safe Characteristics.

The DJI Phantom 2 Vision+ 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 Vision+ UAS.

The technical specifications of the DJI Phantom 2 Vision+ UAS

are set forth by the DJI Phantom 2 Vision+ Specifications and Data

Sheet, attached hereto as Exhibit A and B.

The DJI Phantom 2 Vision+ UAS Autonomous Flight And Navigation

Modes Enable The UAS To Remain Within A Defined

Operational Area.

The DJI Phantom 2 Vision+ UAS 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 Vision+ UAS is provided at pages 25-35 of the

DJI Phantom 2 Vision+ User Manual, attached hereto as Exhibit C.

iii. The DJI Phantom 2 Vision+ UAS Is 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 Vision+ UAS will remain

stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom

2 Vision+ UAS do not reacquire control link data from the GCS, the UA 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 Vision+

UAS is set forth on pages 27 through 29 of the DJI Phantom 2 Vision+ User Manuals,  

attached hereto as Exhibit C 

19
iv. The DJI Phantom 2 Vision+ GCS And Its Operation.

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

Vision+ GCS and flight control software is provided at pages 32 through 43 of the

DJI Phantom 2 Vision+ User Manual attached hereto as Exhibit C.

b. Flight Operations Of DJI Phantom 2 Vision+ UAS Are Limited To The

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

KEY PRODUCTIONS will only utilize an FAA certificated pilot to act  

as a pilot in command (PIC) of the DJI Phantom 2 Vision+ UAS.  

Additionally, a safety observer will assist the pilots during flight time.

c. Flights Of DJI Phantom 2 Vision+ UAS Will Be Conducted Pursuant

To Specific Operating Limitations.

In seeking this exemption, KEY PRODUCTIONS proposes to commercially

operate the DJI Phantom 2 Vision+ 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 Vision+ 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 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..

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. 

6. The use of first person view (FPV) by the PIC or Safety Observer (SO) as the sole 

 means of controlling the UAS 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

20 
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.

21 
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 pilot certificate and conform to the medical 

 Requirements of that 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 UAS

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 UAS 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.

22 
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 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; 

23
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 61.3152(c)

Would Not Adversely Affect Safety.

KEY PRODUCTONS submits that the equivalent level of safety established by

Section 61.315(c) will be maintained because no PIC will be allowed to operate the

DJI Phantom 2 Vision+ 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 Vision+ UAS in a manner consistent with the

exemption, including evasive and emergency maneuvers and maintaining appropriate

distances from people, vessels, vehicles and structures.

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, 11158, 11159, 11160, 11161, 11654).

KEY PRODUCTIONS will not allow any PIC to operate the DJI Phantom 2

Vision+ UAS unless that PIC has demonstrated, by meeting minimum flight-hour

requirements or the DJI Phantom UAS training and currency requirements,

that the PIC is able to safely operate the DJI Phantom 2 Vision+ UAS in a  

manner consistent with this exemption, including evasive and emergency

24 
maneuvers and maintaining appropriate distances from people, vessels,

vehicles and structures.

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

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

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

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

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

purposes).

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

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

equivalent level of safety during KEY PRODUCTIONS 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.

25 
Accordingly, KEY PRODUCTIONS will ensure safe operations by not allowing

any PIC to operate the DJI Phantom 2 Vision+ 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 Vision+ 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, KEY PRODUCTIONS will ensure that the DJI Phantom 2

Vision+ 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, 11654).

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 Vision+ 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 KEY PRODUCTIONS operation of

the DJI Phantom 2 Vision+ UAS within visual line of sight, at or below 400 feet AGL,

will ensure a level of safety equivalent to Section 91.121. The altitude information

26 
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, 11654).

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 Vision+ UAS; (2) the limitations on the proposed flight operations;

and (3) the location of the proposed flight operations. Accordingly, KEY PRODUCTIONS  

will ensure that it will safely operate the battery powered DJI Phantom 2 Vision+ 

UAS during daylight hours in VFR conditions, with enough battery power

to fly for a total duration of 14 minutes to the first point of intended landing

and, assuming normal cruising speed, to fly after that for at least 4 minutes.

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

Vision+ 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

Vision+ UAS provides audible and visual warnings to the PIC at the GCS

27 
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 Vision+ 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, 11654).

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, KEY PRODUCTIONS 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 KEY PRODUCTIONS 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. Furthermore,  

KEY PRODUCTIONS will document and maintain all maintenance records  

for the DJI Phantom 2 Vision+ UAS.

Since the DJI Phantom 2 Vision+ UAS will be inspected as prescribed

28 
by the operating documents, KEY PRODUCTIONS 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 Vision+ Technical Specifications is 

attached hereto as Exhibit “A”, a copy of the DJI Phantom 2 Vision+ UAS Maintenance 

log is attached herto as Exhibit “B”, a copy of the manufacturers user manual is a 

attached hereto as Exhibig “C”.

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

PRODUCTIONS 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 Vision+ 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 KEY PRODUCTIONS proposed operating limitations, the

operating documents, and the technical aspects of the DJI Phantom 2 Vision+ UAS,  

KEY PRODUCTIONS 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

29 
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, 11654).

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, KEY PRODUCTIONS 

requests that the FAA prescribe special conditions for the intended operation of the DJI

Phantom 2 Vision+ 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 §§ 61.315(c), 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 Vision+ 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:

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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 KEY PRODUCTIONS intended operation of the DJI

Phantom 2 Vision+ UAS, which contain such safety standards that the Administrator

finds necessary to establish a level of safety equivalent to that established by

14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 61.315(c), 91.7(a), 91.121,

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

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

From Which KEY PRODUCTIONS Seeks Exemption:

KEY PRODUCTIONS seeks exemption from the requirements of 14 C.F.R

Sections 61.315(c), 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 KEY PRODUCTIONS Seeks:

This exemption will permit KEY PRODUCTIONS to commercially operate an

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

photography over certain areas of the United States.

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

KEY PRODUCTIONS’s Request.

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012

(FMRA) Section 333, which directs the Secretary of Transportation to determine if certain

31 
UAS may operate safely in the NAS. As such, KEY PRODUCTIONS 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, KEY PRODUCTIONS will operate the DJI Phantom

2 Vision+ 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, KEY PRODUCTIONS 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 KEY PRODUCTIONS to safely, efficiently, and economically

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

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

Modernization and Reform Act of 2012, Section 333, KEY PRODUCTIONS respectfully

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

of 14 C.F.R Sections 61.315(c), 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 KEY PRODUCTIONS 

32 
to operate the DJI Phantom 2 Vision+ UAS commercially for the purpose of  

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

Dated: June 4, 2015

Respectfully submitted,

KEY PRODUCTIONS

/s/ Michael Hampton Overstreet

_________________________

Michael Hampton Overstreet

7775 N. Legend Vista Pl.

Tucson, AZ 85743

Tel: (520) 490‐8670

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