UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

Peter W. Slomkowski, c/o Aerial Camera View, LLC

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS

14 C.F.R §§ 61.23(a), 61.101(34) 61.113(a) & (b), 61.315 (a), 91.7(a), 91.119 (c), 91.119 (c), 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 3VISION+ AND DJI INSPIRE 1 UNMANNED 

AIRCRAFT SYSTEMS

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012

(PUBLIC LAW 112-95)

Submitted on August 31, 2015 

Peter W. Slomkowski, c/o Aerial Camera View, LLC

P.O. Box 1283

Manahawkin, NJ 08050

609-978-1499
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Table	of	Contents

Glossary Of Abbreviations ..................................................................................................................... 3

Exhibit Reference Key............................................................................................................................ 3

Summary................................................................................................................................................. 4

Introduction And Interests Of The Petitioner ......................................................................................... 4

Background............................................................................................................................................. 4

Basis For Petition.................................................................................................................................... 5

Name And Address Of The Petitioner.................................................................................................... 6

The Specific Sections Of 14 C.F.R. From Which Applicant Seeks Exemption..................................... 6

The Extent Of Relief Applicant Seeks And The Reason Applicant Seeks The Relief........................... 8

The Reasons Why Granting Applicant Request Would Be In The Public Interest; 

That Is, How It Would Benefit The Public As A Whole........................................................................ 9

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 Applicant Seeks Exemption........................................................ 10

Conclusion ............................................................................................................................................ 17
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Glossary	Of	Abbreviations

Acronym Definition Acronym Definition

GL Above Ground Level NAS National Airspace System

AOI Area of Interest NOTAM Notice to Airman

ATC Air Traffic Control PIC Pilot In Command

ATO Air Traffic Organization Section 333 FAA Modernization and Reform Act of 2012

AV Aerial Vehicle SO Safety Observer

CFR Code of Federal Regulations SOP Standard Operating Procedures

COA Certificate of Authorization UA Unmanned Aircraft

FAA Federal Aviation Administration UAS Unmanned Aircraft System

FAR Federal Aviation Regulation VFR Visual Flight Rules

GCS Ground Control Station VLOS Visual Line of Site

GPS Global Positioning System VMC Visual Meteorological Conditions

LOL Loss of Link VTOL Vertical Takeoff and Landing

Exhibit	Reference	Key

Data Sheet Operation and Specifications

DJI Phantom 2 Vision+ DJI Phantom 2 Vision+

-Exhibit A -Exhibit D pages 32-43, 48

DJI Phantom 3 DJI Phantom 3

-Exhibit B -Exhibit E1 (Professional model) pages 35-42, 54

DJI Inspire 1 -Exhibit E2 (Advanced model) pages 35-42, 54

-Exhibit C DJI Inspire 1

-Exhibit F pages 40-47, 57

Flight and Navigational Modes

DJI Phantom 2 Vision+ Maintenance LOG

-Exhibit D pages 25-35 -Exhibit G

DJI Phantom 3

-Exhibit E1 (Professional model) pages 11-14 and 40-45

-Exhibit E2 (Advanced model) pages 11-14 and 40-45

DJI Inspire 1

-Exhibit F pages 12-16 and 45-50

Failsafe Functions

DJI Phantom 2 Vision+

-Exhibit D pages 27-29

DJI Phantom 3

-Exhibit E1 (Professional model) pages 12-14

-Exhibit E2 (Advanced model) pages 12-14

DJI Inspire 1

-Exhibit F pages 13-15

Find the Manufactures Referenced links here:

Exhibit D - - - http://download.dji-innovations.com/downloads/phantom_2_vision_plus/en/Phantom_2_Vision_Plus_User_Manual_v1.8_en.pdf

Exhibit E1 - - http://download.dji-innovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual_v1.4_en.pdf

Exhibit E2 - - http://download.dji-innovations.com/downloads/phantom_3/en/Phantom_3_Advanced_User_Manual_v1.4_en.pdf

Exhibit F - - - http://download.dji-innovations.com/downloads/inspire_1/en/Inspire_1_User_Manual_v1.4_en.pdf

DropBox link for all documents supplied in the submission of this Section 333 Exemption:

https://www.dropbox.com/sh/lldse4w6h9a7co3/AADl1G_sCZ8iUiJADJpczTQKa?dl=0
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Summary

Peter W. Slomkowski, c/o Aerial Camera View, LLC (Applicant) seeks exemption from the requirements of 14 C.F.R §§ 61.23(a), 

61.101(34) 61.113(a) & (b), 61.315 (a), 91.7(a), 91.119 (c), 91.119 (c), 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 Applicant to operate an Unmanned Aircraft System (UAS) for the commercial 

purpose of conducting aerial video and photography to be used in television commercials, weather, traffic, news reports, and sporting 

events over certain areas of the United States. 

Introduction	And	Interests	Of	The	Petitioner

My name is Peter W. Slomkowski, I am 56 years old male, with a BS Degree in Business Administration, MS Degree in Management 

Systems Analysis, and a Masters Certificate in IS/IT Project Management. Formally employed by IBM Global Services as a Strategic 

Business Planner and served on the Stafford School Board (2006-2009), Vice-President of the Stafford School Board (2008-2009) and 

currently the Vice-Chairman of the Stafford Planning Board since 2010. I have seen the need for quality and respectful aerial 

photographic imaging.

I have over 20 years experience in engineering, information technology, communication and strategic planning. I see the need to use 

this new technology to improve the safety, the quality in presentation, and the need for improved photographical inspections and/or

surveys.

I wish to provide high quality photographic imaging for a variety of commercial and public uses, specifically targeting:

 Accident Reconstruction

 Aerial Survey

 Commercial Aerial Photography

 Management of Construction Progress

 Site Health and Safety Plan inspections

 Ensure the implementation of Environmental Controls

 Inspections of Residential and Commercial Real Estate

Background

Unmanned Aircraft Systems: DJI Phantom 2 Vision+, DJI Phantom 3, DJI Inspire 1 UASs

Applicant seeks an exemption to operate DJI systems for compensation or hire within the NAS. The DJI Phantom 2 Vision+, DJI 

Phantom 3 and DJI Inspire 1 are 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+ and DJI Phantom 3 both have a maximum gross weight 

of approximately 2 pounds 11 ounces, while having a length of 16 inches width of 16 inches, height of 8 inches, and a maximum 

speed of approximately 29 knots. The DJI Inspire 1 has a maximum gross weight of 6 pounds 7.5 ounces, a length of 17.3 inches, 

width of 17.7 inches, height of 11.8 inches, and a maximum speed of approximately 42 knots. The DJI Phantom 2 Vision+, DJI 

Phantom 3 and DJI Inspire 1UAs are equipped with four main rotors; driven by Lithium Polymer battery powered electric motors. 

The DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UAs that will be operated by Applicant 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.
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Basis	For	Petition

Petitioner, Applicant, 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+, DJI Phantom 3, and DJI Inspire 1 UASs in the National Airspace 

System (NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.23(a), 61.101(e4) 61.113(a) & (b), 61.315 (a), 91.7(a), 

91.119 (c), 91.119 (c), 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, 

Applicant operation of DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UASs meets the conditions of FMRA Section 333 

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

Accordingly, Applicant 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. 

Applicant submits that the requested relief is proper since an equivalent level of safety will be ensured. Applicant will use experienced 

personnel or technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, 

and practices prescribed in the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 2 Vision+, DJI Phantom 3 and 

DJI Inspire 1 Instruction Manual). Furthermore, Applicant will document and maintain all maintenance records for the DJI Phantom 2 

Vision+, DJI Phantom 3 and DJI Inspire 1 UASs. 

Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command, is 

requested by Applicant to the extent necessary to allow a Pilot in Command (PIC) holding a private pilot or higher level certificate, as 

well as an airman medical certificate, and who has demonstrated, by meeting minimum flight- hour and currency requirements, that 

the PIC is able to safely operate the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UASs in a manner consistent with this 

exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and

structures. 

Applicant seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, because the DJI Phantom 2 Vision+, DJI Phantom 3 

and DJI Inspire 1 UASs do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, 

Applicant submits that he will ensure that the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UASs are in an airworthy 

condition, prior to every flight, by determining that the UASs are in compliance with the operating documents (i.e., Monthly 

Maintenance Log, and DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 Instruction Manual), and that the aircraft are in a 

condition for safe flight. 

Applicant also seeks an exemption from the requirements of Section 91.119 (c), entitled Minimum Safe Altitudes: General, as the DJI 

Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UAs operate at low altitudes of 400 feet or less.

Applicant also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings, as the DJI Phantom 2 

Vision+, DJI Phantom 3 and DJI Inspire 1 UAs will not have a typical barometric altimeter onboard. However, altitude information of 

the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UAs will be provided to the PIC via Global Positioning System (GPS) 

equipment and radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight 

path. This altitude information, combined with Applicant’s operation of the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 

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

Additionally, Applicant seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR 

conditions. Applicant submits that safety will not be affected by operation of the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI 

Inspire 1 UAs during daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery 

power to fly for a total duration of approximately 13.5 minutes to the first point of intended landing and, assuming normal cruising 

speed, to fly after that for at least 4.5 minutes. 

In accordance with 14 C.F.R. § 11.81, Applicant provides the following information in support of its petition for exemption:
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Name	And	Address	Of	The	Petitioner

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

Peter W. Slomkowski, c/o Aerial Camera View, LLC

P.O. Box 1283

Manahawkin, NJ 08050

609-978-1499

Email: Peter@ADronesView.com

The Specific	Sections	Of	14	C.F.R.	From	Which	Applicant Seeks	Exemption

Applicant Seeks Exemption From The Requirements Of Section 61.23(a). Medical certificates: Requirement and duration. 

(a) Operations requiring a medical certificate. Except as provided in paragraphs (b) and (c) of this section.

Applicant Seeks Exemption From The Requirements Of Section 61.101(e4) Recreational pilot privileges and limitations. 

(e) Except as provided in paragraphs (d) and (i) of this section, a recreational pilot may not act as pilot in command of an aircraft— 

(iv) With retractable landing gear;

Applicant Seeks Exemption From The Requirements Of Section 61.113(a) And (b). 

Section 61.113, entitled Private pilot privileges and limitations: Pilot in command, subsections (a) and (b) prescribe the following, in 

relevant part: 

(a) No person who holds a private pilot certificate may act as a pilot in command (PIC) of an aircraft that is carrying passengers or 

property for compensation or hire; nor may that person, for compensation or hire, act as PIC of an aircraft. 

(b) A private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any business or employment if—

(1) The flight is only incidental to that business or employment; and 

(2) The aircraft does not carry passengers or property for compensation or hire. 

Applicant Seeks Exemption From The Requirements Of Section 315 (a).

61.315 What are the privileges and limits of my sport pilot certificate?

(a) If you hold a sport pilot certificate you may act as pilot in command of a light-sport aircraft, except as specified in paragraph (c) of 

this section.

Applicant 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. 

Applicant Seeks Exemption From The Requirements Of Section 91.119 (c). 

Except when necessary for takeoff or landing, no person may operate an aircraft below the following altitudes:

Applicant 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; 
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(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. 

Applicant 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. 

Applicant 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[.] 

Applicant 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[.] 

Applicant 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. 

Applicant 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. 
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(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	Applicant	Seeks	And	The	Reason	Applicant	Seeks	The	Relief	

Extent Of Relief Applicant Seeks And The Reason Applicant Seeks Relief From Section 61.23(a). 

Medical certificates: Requirement and duration. (a) Operations requiring a medical certificate. Except as provided in paragraphs (b) 

and (c) of this section. The PIC will not be operating a aircraft which is capable of carrying passengers or the pilot. 

Extent Of Relief Applicant Seeks And The Reason Applicant Seeks Relief From Section 61.101(e4). 

61.101 Recreational pilot privileges and limitations. (e) Except as provided in paragraphs (d) and (i) of this section, a recreational 

pilot may not act as pilot in command of an aircraft— (iv) With retractable landing gear; as the DJI Inspire 1 has retractable landing 

gear which is integral to the operation of the camera. The landing gear lifts to allow 360 degree rotation of the camera without 

interference by the landing gear. This operation is ultimately safer than rotating the entire DJI Inspire 1 do the simplification of the 

rotation process.

Extent Of Relief Applicant Seeks And The Reason Applicant Seeks Relief From Section 61.113(a) And (b). 

Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations: Pilot in command, is requested to the extent 

necessary to allow a PIC holding a private pilot or higher level certificate, as well as a current and valid airman medical certificate,

and who has met certain flight-hour and currency requirements, to conduct the proposed UAS flight operations for compensation or 

hire. 

This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a private pilot may, for compensation or 

hire, act as PIC of an aircraft in connection with any business or employment if: (1) The flight is only incidental to that business or 

employment; and (2) The aircraft does not carry passengers or property for compensation or hire. 

As set forth more fully below, Applicant submits that an equivalent level of safety will be maintained because no PIC will be allowed 

to operate the DJI Phantom 2 Vision+, DJI Phantom 3 or DJI Inspire 1 UAS unless that PIC has met certain flight-hour and currency 

requirements, demonstrating that the PIC is able to safely operate either the DJI Phantom 2 Vision+, DJI Phantom 3 or DJI Inspire 1 

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, Applicant submits that all flights of the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UASs, conducted by the 

PIC pursuant to the grant of this Petition: (1) will be incidental to Applicant's business; and (2) will not carry passengers or property 

for compensation or hire. 

Extent Of Relief Applicant Seeks And The Reason Applicant 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 Applicant to determine 

that the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UASs are in airworthy condition prior to every flight by ensuring 

that the UAS is in compliance with the operating documents (i.e., the Applicant Aerial Operations Manual, Monthly Maintenance 

Log, and DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 Instruction Manual). 

Applicant seeks the requested relief because the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UASs do not require an 

airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Applicant will ensure that the DJI Phantom 2 

Vision+, DJI Phantom 3 and DJI Inspire 1 UASs are in airworthy condition based upon its compliance with the operating documents 

(i.e., Monthly Maintenance Log, and DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 Instruction Manual) prior to every

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

Extent Of Relief Applicant Seeks And The Reason Applicant Seeks Relief From Section 91.119 (c). 

Relief from Section 91.119 (c), entitled Minimum Safe Altitudes: General, as the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI 

Inspire 1 UAs operate at low altitudes of 400 feet or less.
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Extent Of Relief Applicant Seeks And The Reason Applicant 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+, DJI 

Phantom 3 and DJI Inspire 1 UASs, which utilize a barometric pressure sensor, GPS equipment, and a radio communications 

telemetry data link to downlink altitude information from the UA to the PIC at the ground control station (GCS). Since the FAA 

requires that any altitude information concerning UAS operations be reported to air traffic control (ATC) in feet above ground level 

(AGL), Applicant seeks the requested relief because the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UA’s altimeter may 

be set on the ground to zero feet AGL, rather than the local barometric pressure or field altitude, before each flight. 

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+, DJI Phantom 3 and DJI Inspire 1 UAs are equipped with a barometric pressure sensor 

and GPS equipment, which automatically ensures that a ground level pressure setting will be established prior to each flight, and 

provides the PIC with altitude information of the UA on the heads-up display of the GCS. 

Extent Of Relief Applicant Seeks And The Reason Applicant 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+, DJI Phantom 3 and DJI Inspire 1 UAs during daylight hours in visual 

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

landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes. Applicant 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+, DJI Phantom 3 

and DJI Inspire 1 UAs will severely constrain the practicality of any aerial video or still photo flight operations that Applicant 

proposes to conduct pursuant to this Petition. 

Significantly, as set forth below, the technical specifications of the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UASs, 

the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 operating documents, and Applicant’s proposed operating limitations, 

ensure that Applicant will safely operate the battery powered DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UAs during 

daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery power to fly for a total 

duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 

minutes.

Extent Of Relief Applicant Seeks And The Reason Applicant 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, Applicant requests relief from these Sections because the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UASs 

do not require airworthiness certificates. As set forth more fully below, the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 

UASs meet the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingly, Applicant will use 

trained technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and 

practices prescribed in the UAS operating documents (i.e., the Applicant Aerial Operations Manual, Monthly Maintenance Log, and 

DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 Instruction Manual). Furthermore, Applicant will document and maintain all 

maintenance records for the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UASs. 

The	Reasons	Why	Granting	Applicant 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 Applicant to safely, efficiently, and economically perform 

aerial video and photography of construction sites, real estate, and landscape over certain areas of the United States. 

Additionally, use of the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UASs will decrease congestion of the NAS, reduce 

pollution, and provide significant benefits to the economy. Notably, the benefits of Applicant’s proposed operation of the DJI 

Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UASs will be realized without implicating any privacy issues. 

The Public Will Benefit From Decreased Congestion Of The NAS. 

The DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UAs are battery powered and serve as a safe, efficient, and economical 

alternative to the manned aircraft traditionally utilized to obtain aerial imagery. By reducing the amount of manned aircraft needed to 

perform aerial acquisitions, an exemption allowing the use of a DJI Phantom 2 Vision+, DJI Phantom 3 or DJI Inspire 1 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+, DJI Phantom 3 and DJI Inspire 1 UAs do not require an airport to 
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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.

The Public Will Benefit From The Safety And Efficiency Of The DJI Phantom 3Vision+ and DJI Inspire 1 UASs. 

Conducting aerial acquisitions with the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UASs, instead of manned aircraft, 

will greatly benefit the public by drastically reducing the levels of air and noise pollution generated during traditional aerial video and 

still photography flight operations. By using battery power and electric motors, the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI 

Inspire 1 UASs produce no air pollution, and is the most viable environmentally conscious alternative to the cabin class, six cylinder 

internal combustion engine aircraft that are typically utilized for aerial video and photography, while burning approximately 20-30 

gallons per hour of leaded aviation fuel. The DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 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+, DJI Phantom 3 and DJI Inspire 1 UASs to perform aerial acquisitions, the substantial risk to life 

and property in the air and on the ground, which is usually associated with traditional manned aircraft flight operations, will be 

substantially reduced or completely eliminated. Aside from the lack of flight crew members located onboard the aircraft, the DJI 

Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UAs (weighing approximately 2 pounds 11 ounces and 6 pounds 7.5 ounces 

respectively, at their maximum gross weights with lengths of 16 inches and 17.3 inches respectively, widths of 16 inches and 17.7 

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

and in the air, compared to the manned aircraft that typically conduct similar operations (weighing approximately 6,000 pounds with a 

wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons). 

Performing Aerial Video and Photography Operations With The DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 

UASs Will Benefit The Economy. 

In addition to being safe and efficient, the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UASs are also an economical 

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

Phantom 3 and DJI Inspire 1 UASs will allow United States based companies, like Applicant, 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+, DJI Phantom 3 and DJI Inspire 1 UASs is one 

such technology that not only allows companies greater operational flexibility compared to manned aircraft, but provides such

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

By operating the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UASs, companies such as Applicant, 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+, DJI Phantom 3 and DJI Inspire 1 UASs, provides a stable workforce that increases consumer spending; improves local, state, 

and federal tax revenues; and allows companies to invest in research and development in order to remain competitive both in the 

United States and abroad. 

There Are No Privacy Issues. 

Similar to the manned aerial acquisition flight operations that have been conducted for decades, Applicant’s proposed operation of the 

DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UASs will not implicate any privacy issues. Specifically, the DJI Phantom 2 

Vision+, DJI Phantom 3 and DJI Inspire 1 UASs will be operated only in compliance with operating documents (i.e., the Applicant 

Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 Instruction 

Manual) which requires property owner involvement as well as local law enforcement notification, and in accordance with the Federal 

Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119. 

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	Applicant Seeks	Exemption.	

Reasons Why The DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UAs Meet The Conditions Of The FAA 

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

In consideration of the size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, 

Applicant’s operation of the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UASs meet the conditions of FMRA Section 

333, and will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. 
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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, Applicant submits that the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UASs can operate

safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the DJI Phantom 2 Vision+, DJI 

Phantom 3 and DJI Inspire 1 UASs; (b) the pilot certification requirement; and (c) the specific operating limitations. 

a. The Specifications Of The DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UASs Demonstrate Its Safe 

Characteristics.

The DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UASs do not create a hazard to users of the NAS or the public, or 

otherwise pose a threat to national security considering its size, weight, speed, and operational capability. 

i. Technical Specifications Of The DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UASs. 

The technical specifications of the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UASs are set forth by the DJI 

Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 Specifications and Data Sheet, attached hereto as Exhibits A, B and 

C. 

ii. The DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UASs Autonomous Flight And Navigation Modes 

Enable The UASs To Remain Within A Defined Operational Area. 

The DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UASs may be operated in both manual and fully autonomous 

flight modes. A complete description of the flight and navigational modes of the DJI Phantom 2 Vision+, DJI Phantom 3 

and DJI Inspire 1 UASs are provided on pages 25-35 of the DJI Phantom 2 Vision+ manual, on pages 11-14 and 40-45 of 

the DJI Phantom 3, and pages 12-16 and 45-50 of the DJI Inspire 1 User Manuals, attached hereto as Exhibits D, E and F. 

iii. The DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UASs Are Designed For Automatic Return To 

Home Point Or Hover In The Event Of Loss Of The Control Link Or Navigation. 

When the Control Link is lost, the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UAs will remain stationary, in 

flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UAs do not 

reacquire control link data from the GCS, the UAs will assume that the Control Link is lost and the UAs will return to the 

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

A complete description of the Failsafe Functions of the DJI Phantom 2 Vision+ UAS are set forth at pages 27-29, for the 

DJI Phantom 3 on pages 12-14, and for the DJI Inspire 1 at pages 13-15 of the DJI Phantom 2 Vision+, DJI Phantom 3 and 

DJI Inspire 1 User Manuals, attached hereto as Exhibits D, E and F. 

iv. The DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 GCS And Its Operation.

A complete description of the operation and specifications of the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 

GCS and flight control software is provided at pages 32-43 of the DJI Phantom 2 Vision+ User Manual, for the DJI 

Phantom 3 on pages 35-45, 54 and pages 40-47, 57 of the DJI Inspire 1 User Manual. DJI Phantom 2 Vision+, DJI Phantom 

3 and DJI Inspire 1 User Manuals are attached hereto as Exhibits D, E and F. 

b. Flight Operations Of DJI Phantom 3Vision+ and DJI Inspire 1 UASs Are Limited To The Line Of Sight Of A Certificated 

Pilot in Command With A Safety Observer. 

Applicant will only utilize certificated pilots who possess a current and valid airman medical certificate to act as a pilot in command 
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(PIC) of the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UASs. Additionally, a safety observer will assist all pilots 

during flight time. 

c. Flights Of DJI Phantom 3Vision+ and DJI Inspire 1 UASs Will Be Conducted Pursuant To Specific Operating Limitations. 

In seeking this exemption, Applicant proposes to commercially operate DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 

UASs for the special purpose of conducting aerial video and photography over certain areas of United States, pursuant to the 

following specific operating limitations:

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

documents, rotorcraft UASs weighing less than 55 pounds maximum gross weight: DJI Phantom 2 Vision+, DJI Phantom 3 

and DJI Inspire 1 Unmanned Aircraft Systems. Proposed operations of any other aircraft will require a new petition or a 

petition to amend this grant. 

2. UAS operations under this exemption will be limited to conducting operations for the purpose of aerial video and 

photography. 

3. The UAs may not be flown at an indicated airspeed exceeding 20 knots.

4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL), as indicated by the 

procedures specified in the operating documents unless a special request is made and approved by ATC. All altitudes 

reported to ATC must be in feet AGL. 

5. The UAs must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to 

use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA-issued airman medical 

certificate. 

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

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

PIC always maintains VLOS capability. The SO and PIC must be able to communicate verbally at all times. Electronic 

messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot 

transfer his or her designation for the duration of the flight. The PIC must ensure that the SO can perform the functions 

prescribed in the operating documents. 

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

ground based obstacles/obstructions and is not permitted to operate the camera or other instruments. 

9. The operating documents and the grant of exemption must be accessible during UAS operations and made available to 

the Administrator upon request. If a discrepancy exists between the conditions and limitations contained in the grant of 

exemption and the procedures outlined in the operating documents, the conditions and limitations contained in the grant of 

exemption take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its 

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

such revisions and present updated and revised documents to the Administrator upon request. The operator must also 

present updated and revised documents if it petitions for extension or amendment to the grant of exemption. If the operator 

determines that any update or revision would affect the basis upon which the FAA granted the exemption, then the operator 

must petition for amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS-80) may be contacted if 

questions arise regarding updates or revisions to the operating documents. 

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

reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary 

maintenance has been performed and the UAS is found to be in a condition for safe flight. The Ground Control Station 

must be included in the preflight inspection. All maintenance and alterations must be properly documented in the aircraft 

records.

11. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. 

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

flight must make an entry in the aircraft records. 

12. The pre-flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment, 

not already covered in the relevant sections of the operating documents.

13. The operator must follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, replacement, inspection, 

and life limit requirements. 

14. The operator must carry out its maintenance, inspections, and record keeping requirements, in accordance with the 

operating documents. Maintenance, inspection, alterations, and status of replacement/overhaul component parts must be 

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

authorized person returning the UAS to service. 
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15. Each UASs operated under this exemption must comply with all manufacturer Safety Bulletins. 

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

discovered between inspections. 

17. The PIC must possess at least a private pilot certificate and at least a current third- class medical certificate. 

18. The operator may not permit any PIC to operate unless the PIC meets the operator’s qualification criteria and 

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

exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, 

vehicles and structures. PIC qualification flight hours must be logged in a manner consistent with 14 C.F.R. § 61.51(b). 

Flights for the purposes of training the operator’s PICs are permitted under the terms of the exemption. However, training 

operations may only be conducted during dedicated training sessions. During training, proficiency, and experience-building 

flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with

appropriate distance from nonparticipants in accordance with 14 C.F.R. § 91.119. 

19. UAS operations may not be conducted during night, as defined in 14 C.F.R. § 1.1. All operations must be conducted 

under visual meteorological conditions (VMC). If flight at night is required, a special request will be made at the FAA 

office closest to proposed area of operations. Flights under special visual flight rules (SVFR) are not authorized. 

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

aeronautical chart unless a letter of agreement with that airport’s management is obtained, and the operation is conducted in

accordance with a NOTAM as required by the operator’s COA. The letter of agreement with the airport management must 

be made available to the Administrator upon request. 

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

visibility is less than 3 statute miles from the PIC. 

22. If the UA loses communications or loses its GPS signal, it must return to a pre- determined location within the planned 

operating area and land or be recovered in accordance with the operating documents. 

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

documents. 

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

power to fly at normal cruising speed to the intended landing point and land the UA with 25% battery power remaining. 

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

to conducting any operations under the grant of exemption. This COA will also require the operator to request a Notice to 

Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation. All operations shall 

be conducted in accordance with airspace requirements in the ATO issued COA including class of airspace, altitude level 

and potential transponder requirements. 

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

with 14 C.F.R. part 47, and have identification (N- Number) markings in accordance with 14 C.F.R. part 45, Subpart C. 

Markings must be as large as practicable. 

27. Before conducting operations, the radio frequency spectrum used for operation and control of the UA must comply with 

the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements. 

28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available to the PIC at the Ground Control 

Station of the UAS any time the UAS is operating. These documents must be made available to the Administrator or any 

law enforcement official upon request. 

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

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

31. Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons other than the PIC, SO, 

operator trainees or essential persons), vessels, vehicles, and structures unless: 

a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event 

of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises 

where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease 

immediately and/or; 

b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or 

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

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

Reasons Why An Exemption From The Requirements Of Section 61.113(a) And (b) Would Not Adversely Affect Safety.

Applicant submits that the equivalent level of safety established by Section 61.113(a) and (b) will be maintained because no PIC will 

be allowed to operate the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UASs unless that PIC has demonstrated, by 

meeting minimum flight-hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 2 Vision+, DJI 

Phantom 3 and DJI Inspire 1 UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and 

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

Considering Applicant’s proposed area of operations, and the operating limitations set forth-above; the parallel nature of private pilot 

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

necessary to safely operate the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UAS, Applicant submits that the additional 

manned airmanship experience of a commercially certificated pilot would not correlate to the airmanship skills necessary for 

Applicant’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). 

Applicant will not allow any PIC to operate the DJI Phantom 3Vision+ or DJI Inspire 1 UAS unless that PIC has demonstrated, by 

meeting minimum flight-hour requirements or the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UAS training and 

currency requirements, that the PIC is able to safely operate the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 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 Applicant’s proposed operations. The Administrator has held that prior 

documented flight experience that was obtained in compliance with applicable regulations would ensure safe operations, stating as 

follows: 

In Exemption No. 11062, the FAA required that prior to conducting operations for the purpose of motion picture filming (or similar 

operations), the PIC must have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of total time as a 

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

No. 11062, the PIC must also have accumulated and logged a minimum of 5 hours as a UAS pilot operating the same make and model 

of UAS to be used for operations under the exemption. For clarification, the FAA considers these minimum hour requirements to be 

inclusive rather than additive; i.e. 5 hours make and model time may be included in the 10 hours of multi-rotor time and the 10 hours 

may be included in the total 25 hours of UAS rotorcraft time. In addition to the hour requirements, the PIC must accomplish 3 takeoffs 

and landings in the preceding 90 days (for currency purposes). The FAA finds that at a minimum, the flight-hour requirements in 

Exemption No. 11062 are appropriate to practice and build proficiency in the skills necessary to safely conduct the petitioner’s 

proposed operations. The FAA also finds that prior documented flight experience that was obtained in compliance with applicable 

regulations would satisfy this requirement. Training, proficiency, and experience-building flights can also be conducted under the 

grant of exemption to accomplish the required flight time. During training, proficiency, and experience-building flights the PIC is 

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

Exemption No. 11138 at page 15. 

Accordingly, Applicant will ensure safe operations by not allowing any PIC to operate the DJI Phantom 2 Vision+, DJI Phantom 3 

and DJI Inspire 1 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+, DJI Phantom 3 and DJI Inspire 1 UAS in a manner consistent with the exemption, 

including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. 
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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, Applicant will ensure

that the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 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). 

Reasons Why An Exemption From The Requirements Of Section 91.119 (c) and91.121 Would Not Adversely Affect Safety.

The equivalent level of safety established by Sections 91.119 (c) and 91.121 will be maintained because the altitude information of the 

DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 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 Applicant’s operation of the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UAs 

within visual line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121. The altitude 

information will be generated by GPS equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiation point is 

automatically established by the UASs at ground level. 

The FAA has previously granted relief from Section 91.121 specific to UAS, in circumstances similar, in all material respects, to those 

presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 

11153, 11156, 11157, 11158, 11159, 11160, 11161). 

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+, DJI Phantom 3 and DJI Inspire 1 UASs; (2) the limitations on the proposed 

flight operations; and (3) the location of the proposed flight operations. Accordingly, Applicant will ensure that it will safely operate 

the battery powered DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UAs during daylight hours in VFR conditions, with 

enough battery power to fly for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising 

speed, to fly after that for at least 4.5 minutes. 

Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UASs; 

the limitations on the proposed flight operations; and the location of the proposed operations, will ensure an equivalent level of safety 

established by 14 C.F.R. Section 91.151(b). Furthermore, safety will be ensured as the DJI Phantom 2 Vision+, DJI Phantom 3 and 

DJI Inspire 1 UASs provide audible and visual warnings to the PIC at the GCS when the UAs experiences low battery voltage, the 

first warning occurring at approximately 33% remaining battery power, and again at approximately 10% remaining battery power. At 

the critically low battery level, the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UASs will descend and land 

automatically. 

Significantly, previous exemptions granted by the FAA concerning Section 91.151 establish that safety is not adversely affected when 

the technical characteristics and operating limitations of the UAS are considered. Relief has been granted for manned aircraft to 

operate at less than the minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. Moreover, the

FAA has previously granted relief from Section 91.151 specific to UAS, in circumstances similar, in all material respects, to those 

presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 

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

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, Applicant 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 Applicant will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the 

methods, techniques, and practices prescribed in the operating documents (i.e., the Applicant Aerial Operations Manual, Monthly 

Maintenance Log, and DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 Instruction Manual). Furthermore, Applicant will 

document and maintain all maintenance records for the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UASs. 

Since the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UASs will be inspected as prescribed by the operating documents, 

Applicant 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+, DJI Phantom 3 and DJI Inspire 1 User Manuals are attached hereto as Exhibits D, E and F; a copy of the DJI 

Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UAS Maintenance LOG is attached hereto as Exhibit G. 

Likewise, the exemption sought will not adversely affect safety because Applicant 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 
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91.417(b), because all maintenance of the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UASs 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 Applicant’s proposed operating limitations, the operating documents, and the technical aspects of the DJI Phantom 

2 Vision+, DJI Phantom 3 and DJI Inspire 1 UASs, Applicant 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). 

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, Applicant requests that the FAA prescribe special conditions for the intended operation of the DJI Phantom 2 Vision+, 

DJI Phantom 3 and DJI Inspire 1 UASs, which contain such safety standards that the Administrator finds necessary to establish a level 

of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions will permit safe operation of the UAs for 

the limited purpose of conducting aerial video and photography over certain areas of the United States for compensation or hire. 

FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public, 

or otherwise pose a threat to national security; and further, provides the authority for such UAS to operate without airworthiness 

certification in accordance with any requirements that must be established for the safe operation of the UAS in the NAS. 

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

§ 21.16, for operation of the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UASs, since the airworthiness regulations of 14 

C.F.R. Part 21 do not contain adequate or appropriate safety standards, due to the novel or unusual design features of the aircraft. 

Section 21.16, entitled Special Conditions, states the following: 

If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate safety standards for an 

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

prescribes special conditions and amendments thereto for the product. The special conditions are issued in accordance with Part 11 of 

this chapter and contain such safety standards for the aircraft, aircraft engine or propeller as the FAA finds necessary to establish a 

level of safety equivalent to that established in the regulations. 

See 14 C.F.R. § 21.16.

Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special conditions for the Applicant 

intended operation of the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UASs, which contain such safety standards that 

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

C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

 A Summary That Can Be Published In The Federal Register, stating: The Rules From Which Applicant Seeks Exemption: 

Applicant 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 Applicant Seeks: 

This exemption will permit Applicant 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 Applicant’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, Applicant’s request for exemption may be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as set 

forth above. 

FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public, 

or otherwise pose a threat to national security; and further, provides the authority for such UAS to operate without airworthiness 

certification. 

As discussed in detail above, Applicant will operate the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UASs safely in the 

NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national security. 
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Conclusion

As set forth herein, Applicant 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 Vision+, DJI Phantom 3 and DJI Inspire 1 UASs 

commercially, without an airworthiness certificate, for the limited purpose of conducting aerial video and photography over certain 

areas of the United States. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA 

Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing Applicant to safely, efficiently, 

and economically operate the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UASs commercially within the NAS. 

WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 

333, Applicant 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 the 

Applicant to operate the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UASs commercially for the purpose of conducting 

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

Respectfully submitted,

Peter W. Slomkowski, c/o Aerial Camera View, LLC

P.O. Box 1283

Manahawkin, NJ 08050

Peter@ADronesView.com

609-978-1499