U.S. Department of Transportation 

Federal Aviation Administration 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

 Regulatory Docket No.__________ 

PETITION FOR EXEMPTION OF: 

Richard D. Ospina 

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF TITLE 14 OF THE 

CODE OF FEDERAL REGULATIONS PART 21, SUBPART H AND SECTIONS §§ 61.113(a) & 

(b), 91.109, 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 MATRICE 100 

UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF THE FAA 

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

Submitted on November 20, 2015 

 

Richard D. Ospina 

55 Merrick Way Apt. 822 

Coral Gables, Florida 33134 

Tel: (305) 469-8124 

iflymd@icloud.com 

 
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TABLE OF CONTENTS 

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

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

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

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

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

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

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH PETITIONER SEEKS EXEMPTION ................... 7

THE EXTENT OF RELIEF PETITIONER SEEKS AND THE REASON PETITIONER SEEKS THE RELIEF.... 11

THE REASONS WHY GRANTING PETITIONER REQUEST WOULD BE IN THE PUBLIC INTEREST; 

THAT IS, HOW IT WOULD BENEFIT THE PUBLIC AS A WHOLE ...................................................... 14

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 PETITIONER SEEKS EXEMPTION ..................................... 17

A SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER, STATING: THE RULES FROM 

WHICH PETITIONER SEEKS EXEMPTION: ...................................................................................... 31

A BRIEF DESCRIPTION OF THE NATURE OF THE EXEMPTION PETITIONER SEEKS: ....................... 31

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT 

PETITIONER’S REQUEST ................................................................................................................ 31

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

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

 
3 

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 Waiver or Authorization 

DOD Department of Defense 

FAA Federal Aviation Administration 

FAR Federal Aviation Regulation(s) 

FCC Federal Communications Commission 

GCS Ground Control Station 

GPS Global Positioning System 

LOL Loss of Link 

NAS National Airspace System 

NOTAM Notice to Airman 

PIC Pilot In Command 

RTB Return to Base 

Section 333 FAA Modernization and Reform Act of 2012 

SO Safety Observer 

SOP Standard Operating Procedures 

UA Unmanned Aircraft 

UAS Unmanned Aircraft System 

VFR Visual Flight Rules 

VLOS Visual Line of Site 

VMC Visual Meteorological Conditions 

VO Visual Observer 
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SUMMARY 

Petitioner seeks exemption from the requirements of 14C.F.R §§ 61.113(a) & (b), 91.109, 

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 Petitioner to operate an Unmanned 

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

of Real Estate Properties (for homeowners, realtors, home builders, home contractors and / or 

home inspectors for real estate marketing and inspection of home exteriors) as well as filming of 

special events, film sets, scripted and unscripted television sets and landscape, conducting 

power line inspection, aerial mapping, surveying and search and rescue over certain areas of 

the United States. 

INTRODUCTION AND INTERESTS OF THE PETITIONER 

My name is Richard D. Ospina. I am a commercial pilot with over eight thousand hours of flying 

experience. I hold an FAA Airline Transport Pilot certificate as well as a Flight Instructor certificate. My 

areas of interest include amateur photography and flying. My objective is to start my own company to 

provide customers aerial photography and videography services in a variety of commercial and public 

uses such as bridge inspections, utility-power generation system inspections and patrolling, aerial 

inspection, photography and videography of residential and commercial real estate, aerial inspection, 

photography and videography of utility infrastructure including but not limited to electrical power lines, 

wind turbines and cell towers, pipeline inspection and patrolling, filmmaking, cinematography and 

videography, precision agriculture with on board sensors, construction site inspection and monitoring as 

well as filming of special events, closed film set, scripted and unscripted television sets and landscape, 

aerial mapping, surveying and search and rescue utilizing the DJI Matrice 100 UAS. More specifically, 

Petitioner's aerial video and photography operations will serve in the following areas: 

• Aerial photography and videography of residential and commercial buildings 

• Aerial inspection and monitoring of utility infrastructures

• Aerial event photography and videography
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• Aerial Film and Television Production

• Aerial search and rescue and safety inspections

BACKGROUND

Unmanned Aircraft System: DJI Matrice 100 UAS 

Petitioner seeks an exemption to operate a DJI system for compensation or hire within the NAS. The DJI

Matrice 100 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 Matrice 100 UAS has a max 

takeoff gross weight of approximately 7 pounds 8 ounces, while having a length of 26 inches, width of 

26 inches, and a maximum speed of approximately 43 knots. The DJI Matrice 100 UAS is equipped with 

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

The DJI Matrice 100 UAS that will be operated by the Petitioner (trained professional), 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, Richard D. Ospina, 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 Matrice 100 UAS in the National 

Airspace System (NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.113(a) 

& (b), 91.109, 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 
6 

unmanned aircraft and its operation, operation of DJI Matrice 100 UAS meets the conditions of 

FMRA Section 333 and therefore, will not require an airworthiness certificate in accordance with 

14 C.F.R. Part 21, Subpart H. 

Accordingly, Petitioner 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. Petitioner submits that the requested relief is 

proper since an equivalent level of safety will be ensured. Petitioner will use experienced 

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

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

Monthly Maintenance Log, and DJI Matrice 100 User Manual). Furthermore, Petitioner will 

document and maintain all maintenance records for the DJI Matrice 100 UAS. 

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

and limitations: Pilot In Command, is requested by the Petitioner to the extent necessary to 

allow a Pilot in Command (PIC) holding a Commercial Pilots License, and who has 

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

to safely operate the DJI Matrice 100 UAS in a manner consistent with this exemption, including 

evasive and emergency maneuvers and maintaining appropriate distances from people, 

vessels, vehicles and structures. 

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

Matrice 100 UAS does not require an airworthiness certificate in accordance with 14 C.F.R. Part 

21, Subpart H. As such, Petitioner submits that it will ensure that the DJI Matrice 100 UAS is in an 

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

operating documents (i.e., Monthly Maintenance Log, and DJI Matrice 100 User Manual), and that the 

aircraft is in a condition for safe flight. Petitioner also seeks an exemption from the 

requirements of Section 91.121, entitled Altimeter Settings, as the DJI Matrice 100 UAS will not 

have a typical barometric altimeter onboard. However, altitude information of the DJI Matrice 100 UA 

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 Petitioner's operation of 
7 

the DJI Matrice 100 UAS within visual line of sight, at or below 500 feet AGL, will ensure a level of safety 

equivalent to Section 91.121. 

Additionally, Petitioner seeks an exemption from the requirements of Section 91.151(b), entitled 

Fuel requirements for flight in VFR conditions. Petitioner submits that safety will not be affected 

by operation of the DJI Matrice 100 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 40 minutes. 

In accordance with 14 C.F.R. § 11.81, Petitioner provides the following information in support of 

its petition for exemption: 

NAME AND ADDRESS OF THE PETITIONER

The name and address of the Petitioner and point of contact is: 

Richard D. Ospina 

55 Merrick Way Apt. 822 

Coral Gables, Florida 33134 

Tel: 305-469-8124 

Email: iflymd@icloud.com

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH PETITIONER SEEKS EXEMPTION

1. Petitioner 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. 
8 

(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. Petitioner 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. Petitioner 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. 
9 

4. Petitioner 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. Petitioner 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. Petitioner 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. Petitioner Seeks Exemption From The Requirements Of Sections 91.409(a)(1) And 
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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. Petitioner 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. 
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(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. 

THE EXTENT OF RELIEF PETITIONER SEEKS AND THE REASON PETITIONER SEEKS

THE RELIEF

1. Extent Of Relief Petitioner Seeks And The Reason Petitioner Seeks Relief From Section 61.113(a) 

And (b). 
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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 Supplemental Pilot 

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, Petitioner submits that an equivalent level of safety will be 

maintained because no PIC will be allowed to operate the DJI Matrice 100 UAS unless that PIC has met 

certain flight-hour and currency requirements, demonstrating that the PIC is able to safely operate the 

DJI Matrice 100 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, Petitioner submits that all flights of the DJI 

Matrice 100 UAS, conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to 

Petitioner's business; and (2) will not carry passengers or property for compensation or hire. 

2. Extent Of Relief Petitioner Seeks And The Reason Petitioner 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 Petitioner to determine that the DJI Matrice 100 UAS is in airworthy condition prior to every flight 

by ensuring that the UAS is in compliance with the operating documents (i.e., Monthly Maintenance Log 

and DJI Matrice 100 User Manual). Petitioner seeks the requested relief because the DJI Matrice 100 

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

Therefore, Petitioner will ensure that the DJI Matrice 100 UAS is in airworthy condition based upon its 

compliance with the operating documents (i.e., Monthly Maintenance Log and DJI Matrice 100 User 

Manual) 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 Petitioner Seeks And The Reason Petitioner Seeks Relief From Section 
13 

91.121. 

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

flight operations of the DJI Matrice 100 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 be reported to air traffic control (ATC) in feet 

above ground level (AGL), Petitioner seeks the requested relief because the DJI Matrice 100 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 Matrice 100 UAS 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 Petitioner Seeks And The Reason Petitioner 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 Matrice 100 UAS during 

daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total

duration of 40 minutes to the first point of intended landing and, assuming normal cruising speed, to fly 

after that for at least 3 minutes. Petitioner seeks the requested relief because without an exemption 

from Section 91.151(b), the flight time duration of the battery powered DJI Matrice 100 UAS will 

severely constrain the practicality of any aerial video or still photo flight operations that Petitioner 

proposes to conduct pursuant to this Petition. Significantly, as set forth below, the technical 

specifications of the DJI Matrice 100 UAS User Manual, ensure that Petitioner will safely operate the 

battery powered DJI Matrice 100 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 40 minutes to the 

first point of intended landing and, assuming normal cruising speed, to fly after that for at least 3 

minutes. 
14 

5. Extent Of Relief Petitioner Seeks And The Reason Petitioner Seeks Relief From 

Section 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, Petitioner requests relief from these Sections because 

the DJI Matrice 100 UAS does not require an airworthiness certificate. As set forth more 

fully below, the DJI Matrice 100 UAS meets the conditions of FMRA Section 333 for operation 

without an airworthiness certificate. Accordingly, Petitioner will use trained technicians to 

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

techniques, and practices prescribed in the UAS operating documents (i.e., DJI Matrice 100 User 

Manual). Furthermore, Petitioner will document and maintain all maintenance records for the DJI 

Matrice 100 UAS. 

THE REASONS WHY GRANTING PETITIONER 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 Petitioner to safely, 

efficiently, and economically perform aerial video and photography of construction sites, real 

estate, special events, film sets, and landscape over certain areas of the United States. 

Additionally, use of the DJI Matrice 100 UAS will decrease congestion of the NAS, reduce pollution, and 

provide significant benefits to the economy. Notably, the benefits of Petitioner's proposed operation of 

the DJI Matrice 100 UAS will be realized without implicating any privacy issues. 

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

The DJI Matrice 100 UA 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 Matrice 100 UAS would reduce the amount of manned aircraft in the NAS, reduce 
15 

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 Matrice 100 

UA 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 Matrice 100 UAS. 

Conducting aerial acquisitions with the DJI Matrice 100 UAS, instead of manned aircraft, 

will greatly benefit the public by drastically reducing the levels of air and noise pollution 

generated during traditional aerial video and still photography flight operations. By using 

battery power and electric motors, the DJI Matrice 100 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 Matrice 100 UA, while reducing the carbon footprint of aerial acquisitions, also 

eliminates noise pollution, as the UAS is propelled by battery powered electric motors, 

rather than an internal combustion engine. By using the DJI Matrice 100 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 Matrice 100 UAS (weighing approximately 7 pounds 8 

ounces at its maximum gross weight with a length of 26 inches, width of 26 inches, and with no 

fuel on board), has less physical potential for collateral damage to life and property on the 

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

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

length of 34 feet, and a fuel capacity of 180 gallons). 
16 

3. Performing Aerial Video and Photography Operations With The DJI Matrice 100 

UAS Will Benefit The Economy. 

In addition to being safe and efficient, the DJI Matrice 100 UAS is also an economical 

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

operation of the DJI Matrice 100 UAS will allow United States based operators of these 

systems 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 Matrice 100 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 Matrice 100 UAS, companies 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 UAS's such as the DJI 

Matrice 100 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, Petitioner's proposed operation of the DJI Matrice 100 UAS will not implicate any 

privacy issues. Specifically, the DJI Matrice 100 UAS will be operated only in compliance with 

operating documents, 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. 

 
17 

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 PETITIONER SEEKS

EXEMPTION

1. Reasons Why The DJI Matrice 100 UAS Meets 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, Petitioner's operation of the DJI Matrice 100 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 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 
18 

(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, Petitioner submits that the DJI Matrice 100 UAS can operate 

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

characteristics of the DJI Inspire 1UAS; (b) the pilot certification requirement; and (c) the 

specific operating limitations. 

a. The Specifications Of The DJI Matrice 100 UAS Demonstrate Its Safe 

Characteristics. 

The DJI Matrice 100 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 Matrice 100 UAS. The technical specifications of the 

DJI Matrice 100 UAS is set forth by the DJI Matrice 100 Specifications and Data Sheet, 

attached hereto as Exhibit A. 

ii. The DJI Matrice 100 UAS Autonomous Flight And Navigation Modes Enable The UAS 

To Remain Within A Defined Operational Area. The DJI Matrice 100 UAS may be 

operated in both manual and fully autonomous flight modes. A complete description of 

the flight and navigational modes of the DJI Matrice 100 UAS is provided in the DJI 

Matrice 100 User Manual, attached hereto as 

Exhibit B. 

iii. The DJI Matrice 100 UAS is Designed For Automatic Return To Home Point Or 
19 

Hover In The Event Of Loss Of The Control Link Or Navigation. When the Control 

Link is lost, the DJI Matrice 100 UA will remain stationary, in flight, for 3 

seconds or more. If, after 3 seconds, the DJI Matrice 100 UA does not reacquire 

control link data from the GCS, the UA will assume that the Control Link is lost 

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

descend to the takeoff position and shutdown. A complete description of the 

Failsafe Functions of the DJI Matrice 100 UAS are set forth at in the DJI Matrice 100 User 

Manual, attached hereto as Exhibit B. 

iv. The DJI Matrice 100 GCS And Its Operation. A complete description of the operation 

and specifications of the DJI Matrice 100 GCS and flight control software is provided in 

the DJI Matrice 100 User Manual. The DJI Matrice 100 User Manual is attached hereto 

as Exhibit B. 

b. Flight Operations Of DJI Matrice 100 UAS Is Limited To The Line Of Sight Of A 

Certificated Pilot in Command With A Safety Observer. 

Petitioner 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 Matrice 100 UAS. 

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

c. Flights Of DJI Matrice 100 UAS Will Be Conducted Pursuant To Specific Operating 

Limitations. 

In seeking this exemption, Petitioner proposes to commercially operate the DJI Matrice 100 UAS 

for the special purpose of conducting aerial video and photography over certain areas of United 

States, pursuant to the following specific operating limitations: 

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

described in the operating documents, rotorcraft UASs weighing less than 55 pounds maximum 

gross weight: DJI Matrice 100 Unmanned Aircraft System. 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 
20 

of aerial video and photography for homeowners, Realtors, home builders, contractors, home 

inspectors for use in real estate marketing and real estate inspections. Additionally, aerial video 

and photography may be conducted on occasional basis for film and television sets, special 

events and landscape photography, conducting power line inspection, aerial mapping, surveying 

as deemed necessary. 

3. The UAS may not be flown at an indicated airspeed exceeding 87 knots (100 mph). 

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 
21 

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 
22 

replacement/overhaul component parts must be noted in the aircraft records, including total time 

in service, description of work accomplished, and the signature of the authorized person 

returning the UAS to service. 

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

Bulletins. 

16. The authorized person must make an entry in the aircraft record of the corrective action 

taken against discrepancies discovered between inspections. 

17. The PIC must possess at least a Supplemental Pilot certificate and at least a current thirdclass medical certificate. Supplemental pilots must have, at a minimum, successfully completed 

private pilot ground school. Additionally, supplemental pilots without a current FAA private pilot 

certificate must have successfully passed the private pilot, commercial pilot, or airline transport 

pilot knowledge test within the past 24 calendar months. 

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. 
23 

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

current FAA-published aeronautical chart unless a letter of agreement with that airport's 

management is obtained, and the operation is conducted in accordance with a NOTAM as 

required by the operator's COA. The letter of agreement with the airport management must be 

made available to the Administrator upon request. 

21. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally 

from a cloud or when visibility is less than 3 statute miles from the PIC. 

22. If the UA loses communications or loses its GPS signal, it must return to a predetermined location

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

operating documents. 

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

accordance with the operating documents. 

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

conditions) there is enough power to fly at normal cruising speed to the intended landing point 

and land the UA with 25% battery power remaining. 

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

Authorization (COA) prior to conducting any operations under the grant of exemption. This COA 

will also require the operator to request a Notice to Airman (NOTAM) not more than 72 hours in 

advance, but not less than 48 hours prior to the operation. All operations shall be conducted in 

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

altitude level and potential transponder requirements. 

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

registered in accordance with 14 C.F.R. part 47, and have identification (N- Number) markings 

in accordance with 14 C.F.R. part 45, Subpart C. Markings must be as large as practicable. 
24 

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 
25 

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. 

Petitioner 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 Matrice 100 UAS unless that PIC has 

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

operate the DJI Matrice 100 UAS in a manner consistent with the exemption, including evasive and 

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

structures. 

Considering Petitioner's proposed area of operations, and the operating limitations set forthabove; the parallel nature of private pilot aeronautical knowledge requirements to those of 

commercial pilot requirements (See Exemption No. 11062); and the airmanship skills necessary 

to safely operate the DJI Matrice 100 UAS, Petitioner submits that the additional manned 

airmanship experience of a commercially certificated pilot would not correlate to the airmanship 

skills necessary for Petitioner'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). 

Petitioner will not allow any PIC to operate the DJI Matrice 100 UAS unless that PIC has 

demonstrated, by meeting minimum flight-hour and currency requirements, that the PIC is able 
26 

to safely operate the DJI Matrice 100 UAS in a manner consistent with this exemption, including 

evasive and emergency maneuvers and maintaining appropriate distances from people, 

vessels, vehicles and structures. 

Specifically, the PIC must have accumulated and logged, in a manner consistent with 14 C.F.R. 

§ 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5 hours of those 

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

under the exemption). In addition to the hour requirements, the PIC must accomplish 3 takeoffs 

and landings in the preceding 90 days (for currency purposes). 

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

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

during Petitioner'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 experiencebuilding flights can also be conducted under the grant of exemption to accomplish the required 
27 

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, Petitioner will ensure safe operations by not allowing any PIC to operate the DJI 

Matrice 100 UAS unless that PIC has demonstrated, by meeting minimum flight-hour and 

currency requirements, that the PIC is able to safely operate the DJI Matrice 100 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, Petitioner will ensure that the DJI Matrice 100 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 Matrice 100 UA 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 Petitioner's operation of the DJI 

Matrice 100 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. 
28 

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 Matrice 100 1 UAS; (2) the 

limitations on the proposed flight operations; and (3) the location of the proposed flight 

operations. Accordingly, Petitioner will ensure that it will safely operate the battery powered DJI 

Matrice 100 UAS during daylight hours in VFR conditions, with enough battery power to fly for a 

total duration of 40 minutes to the first point of intended landing and, assuming normal cruising 

speed, to fly after that for at least 3 minutes. 

Here, as in Exemption No. 11109, the technical specifications of the DJI Matrice 100 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 Matrice 100 UAS provides audible and visual warnings to the PIC at the 

GCS when the UAS experiences low battery voltage. At the critically low battery level, the DJI Matrice

100 UAS will descend and land automatically. Significantly, previous exemptions 

granted by the FAA concerning Section 91.151 establish that safety is not adversely affected 

when the technical characteristics and operating limitations of the UAS are considered. Relief 

has been granted for manned aircraft to operate at less than the minimums prescribed in 

Section 91.151, including Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has 

previously granted relief from Section 91.151 specific to UAS, in circumstances similar, in all 

material respects, to those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 

11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 

11156, 11157, 11158, 11159, 11160, 11161). 

6. Reasons Why An Exemption From The Requirements Of Sections 91.405(a), 91.407(a) 
29 

(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would Not Adversely Affect Safety. 

In seeking this exemption, Petitioner 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 Petitioner will use 

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

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

DJI Matrice 100 User Manual). Furthermore, Petitioner will document and maintain all maintenance 

records for the DJI Matrice 100 UAS. Since the DJI Matrice 100 UAS will be inspected as prescribed by 

the operating documents, Petitioner 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 Matrice 100 User Manual is attached hereto 

as Exhibit B; a copy of the monthly maintenance log is attached hereto as Exhibit C. Likewise, the 

exemption sought will not adversely affect safety because Petitioner 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 Matrice 100 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 Petitioner's proposed operating limitations, the operating documents, and the 

technical aspects of the DJI Matrice 100 UAS, Petitioner 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). 
30 

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, Petitioner requests that 

the FAA prescribe special conditions for the intended operation of the DJI Matrice 100 UAS, which 

contain such safety standards that the Administrator finds necessary to establish a level of safety 

equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 

91.121, 91.151(b), 91.405(a), 91.407(a) (1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special

conditions will permit safe operation of the UAS for the limited purpose of conducting aerial video and 

photography over certain areas of the United States for 

compensation or hire. FMRA Section 333 sets forth the requirements for considering whether a 

UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to 

national security; and further, provides the authority for such UAS to operate without 

airworthiness certification in accordance with any requirements that must be established for the 

safe operation of the UAS in the NAS. 

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

operation of the DJI Matrice 100 UAS, since the airworthiness regulations of 14 C.F.R. Part 21 do not 

contain adequate or appropriate safety standards, due to the novel or unusual design 

features of the aircraft. Section 21.16, entitled Special Conditions, states the following: 

If the FAA finds that the airworthiness regulations of this subchapter do not contain 

adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller 

because of a novel or unusual design feature of the aircraft, aircraft engine or 

propeller, he prescribes special conditions and amendments thereto for the product. 

The special conditions are issued in accordance with Part 11 of this chapter and 

contain such safety standards for the aircraft, aircraft engine or propeller as the 

FAA finds necessary to establish a level of safety equivalent to that established in 

the regulations. 

See 14 C.F.R. § 21.16. 
31 

Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may 

prescribe special conditions for Petitioner's intended operation of the DJI Inspire 1 UAS, which 

contain such safety standards that the Administrator finds necessary to establish a level of 

safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 

61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 

91.417(a) & (b). 

A SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER, STATING: THE

RULES FROM WHICH PETITIONER SEEKS EXEMPTION:

Petitioner 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 PETITIONER SEEKS:

This exemption will permit Petitioner to commercially operate an Unmanned Aircraft 

System (UAS) for the purpose of conducting aerial video and photography over certain areas of 

the United States. 

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO

SUPPORT PETITIONER’S REQUEST

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

Section 333, which directs the Secretary of Transportation to determine if certain UAS may 

operate safely in the NAS. As such, Petitioner 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, Petitioner will operate the DJI Matrice 100 UAS safely in the NAS, 
32 

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, Petitioner 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 Matrice 100 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 Petitioner to safely, efficiently, and economically operate the DJI 

Matrice 100 UAS commercially within the NAS. 

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

and Reform Act of 2012, Section 333, Petitioner 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 Petitioner to operate the DJI Matrice 100 UAS commercially for the purpose of 

conducting aerial video and photography of Real Estate Properties (for homeowners, realtors, 

home builders, home contractors and / or home inspectors for real estate marketing and 

inspection of home exteriors) as well as filming of special events, film sets, scripted and 

unscripted television sets and landscape as well as conducting power line inspection, aerial 

mapping, surveying and search and rescue over certain areas of the United States. 
33 

Dated: November 20, 2015 

Respectfully submitted, 

 

Richard D. Ospina, Petitioner 

55 Merrick Way, Apt. 822 

Coral Gables, Florida 33134 

305-469-8124 

iflymd@icloud.com

 
34 

APPENDICES

 

A – DJI Matrice 100 Specifications Data Sheet 

B – DJI Matrice 100 Manufacturer's User Manual 

C – Monthly Maintenance Log 
35 

APPENDIX – A 

DJI MATRICE 100 TECHNICAL SPECIFICATIONS

 
36 
37 
38 
39 

APPENDIX – B (DJI MATRICE 100 USER MANUAL INCLUDED AS AN ATTACHMENT) 
40 

APPENDIX - C