UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC

Regulatory Docket No. 

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: 

SIMEON J FRITZ

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF 

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS

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

91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL

OPERATION OF DJI PHANTOM 2, DJI PHANTOM 2 VISION+, DJI PHANTOM 3,

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 JUNE 9, 2015

Simeon J Fritz

912 Mount Pleasant Rd 

Kingston Springs, TN 37082

615-838-301
2

GLOSSARY OF

TABLE OF CONTENTS

Page

ABBREVIATIONS.................................................................................3

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

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

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

BASIS FOR 

PETITION...........................................................................................................................5

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

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH SIMEON J FRITZ 

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

THE EXTENT OF RELIEF SIMEON J FRITZ SEEKS AND THE REASON 

SIMEON J FRITZ SEEKS THE RELIEF..........................11

THE REASONS WHY GRANTING SIMEON J FRITZ’S REQUEST WOULD 

BE IN THE PUBLIC INTEREST .../...................................................14

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT 

ADVERSELY AFFECT 

SAFETY.........................................................................17

CONCLUSION.................................................................................................................34
3

GLOSSARY OFABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration 

FAR Federal Aviation Regulation 

GCS Ground Control Station

GPS Global Positioning System

LOL Loss of Link

NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot In Command

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

Section 333

SO Safety Observer

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landi
4

SUMMARY

Simeon J Fritz seeks exemption from the requirements of 14 C.F.R §§ 61.113(a) 

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

91.417(a) & (b), to operate an Unmanned Aircraft System pursuant to Section 333 of the 

FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit 

Simeon J Fritz to operate an Unmanned Aircraft System (UAS) for the commercial 

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

United States.

INTRODUCTIONANDINTERESTSOFTHE PETITIONER

My name is Simeon J Fritz, I am 20 years old, currently pursuing my BBA. 

Much of my life I have been operating one sort of radio controlled system or another. I 

am licensed as an emergency medical technician and work part time for several EMS 

agencies while I am attending college. I am also a member of a volunteer fire 

department and respond to a wide array of emergency situations on a regular basis.

My objective of operating an UAV for commercial purposes is to provide high 

quality aerial video and photography services to clients targeting the following activities.

1 Videoing certain outdoor and extreme sporting activities.

2 Videoing real estate and all forms of property

3 Capturing aerial images of scenery that a client requests
5

BACKGROUND

UnmannedAircraftSystems: DJI Phantom 2, DJIPhantom2Vision+, DJI 

Phantom 3, DJIInspire1UASs

Simeon J Fritz seeks an exemption to operate DJI systems for compensation or 

hire within the NAS. The DJI Phantom 2, 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 has a maximum gross weight of approximately 2 pounds 13 ounces, while 

having a length of 13 inches width of 13 inches, height of 8 inches, and a maximum 

speed of approximately 29 knots. The DJI Phantom 2 Vision+ has a maximum gross 

weight of approximately 2 pounds 11 ounces, while having a length of 16 inches width of 

16 inches, height of 8 inches, and a maximum speed of approximately 29 knots. The DJI

Phantom 3 has a maximum gross weight of approximately 2 pounds 13 ounces, while 

having a length of 22 inches width of 22 inches, height of 8 inches, and a maximum 

speed of approximately 32 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, DJI Phantom 2 

Vision+, DJI Phantom 3, and DJI Inspire 1 UAs are equipped with four main rotors; 

driven by Lithium Polymer battery powered electric motors.

The DJI Phantom 2, DJI Phantom 2 Vision+, DJI Phantom 3, and DJI Inspire 1

UAs that will be operated by Simeon J Fritz 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, Simeon J Fritz, 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 Rulesfor Certain Unmanned Aircraft Systems, hereby 
6

petitions the Administrator to commercially operate the DJI Phantom 2, 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 §§ 61.113(a) 

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

91.417(a) & (b).

In consideration of the speed, weight, size, and limited operating area associated 

with the unmanned aircraft and its operation, Simeon J Fritz operation of In consideration 

of the speed, weight, size, and limited operating area associated 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, Simeon J Fritz 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.

Simeon J Fritz submits that the requested relief is proper since an equivalent 

level of safety will be ensured. Simeon J Fritz 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, DJI Phantom 2 Vision+, DJI Phantom 

3, and DJI Inspire 1 Instruction Manual). Furthermore, Simeon J Fritz will document 

and maintain all maintenance records for the DJI Phantom 2, 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 Simeon J Fritz to the 

extent necessary to allow a Pilot in Command (PIC) and who has demonstrated that the 

PIC is able to safely operate the DJI Phantom 2, 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.
7

Simeon J Fritz seeks relief from Section 91.7(a), entitled Civil aircraft 

airworthiness, because the DJI Phantom 2, 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, Simeon J Fritz submits that he will ensure that 

the DJI Phantom 2, 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 UAS are in 

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

Phantom 2, DJI Phantom 2 Vision+, DJI Phantom 3, and DJI Inspire 1 Instruction 

Manual), and that the aircraft are in a condition for safe flight.

Simeon J Fritz also seeks an exemption from the requirements of Section 91.121, 

entitled Altimeter Settings, as the DJI Phantom 2, 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+ and DJI Inspire 1UAs 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 Simeon J 

Fritz’s operation of the DJI Phantom 2, 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, Simeon J Fritz seeks an exemption from the requirements of Section

91.151(b), entitled Fuel requirements for flight in VFR conditions. Simeon J Fritz 

submits that safety will not be affected by operation of the DJI Phantom 2, 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.
8

In accordance with 14 C.F.R. § 11.81, Simeon J Fritz provides the 

following information in support of its petition for exemption:

A. Name And Address Of The Petitioner.

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

Simeon J Fritz

912 Mount Pleasant Rd

Kingston Springs, TN 37082

Phone: 615-838-3013

Email: simeonfritz@gmail.com
9

B. The Specific Sections Of 14 C.F.R. From Which Simeon J Fritz Seeks Exemption.

1. Simeon J Fritz Seeks Exemption From The Requirements Of Section

61.113(a) And (b).

Section 61.113, entitled Private pilot privileges and limitations: Pilot in command, 

subsections (a) and (b) prescribe the following, in relevant part:

(a) No person who holds a private pilot certificate may act as a pilot in command 

(PIC) of an aircraft that is carrying passengers or property for compensation or 

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

(b) A private pilot may, for compensation or hire, act as PIC of an aircraft in 

connection with any business or employment if—

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

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

hire.

2. Simeon J Fritz 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. Simeon J Fritz Seeks Exemption From The Requirements Of Section

91.121.

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

part:

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

level of that aircraft, as the case may be, by reference to an altimeter that is set, 

when operating--

(1) Below 18,000 feet MSL, to--

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

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

this section, the current reported altimeter setting of an appropriate 

available station; or

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

the departure airport or an appropriate altimeter setting available 

before departure.

4. Simeon J Fritz Seeks Exemption From The Requirements Of Section

91.151(b).
10

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. Simeon J Fritz 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. Simeon J Fritz 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. Simeon J Fritz Seeks Exemption From The Requirements Of Sections

91.409(a)(1) And 91.409(a)(2).

Section 91.409, entitled Inspections, subsection (a), states the following:

(a) Except as provided in paragraph (c) of this section, no person may operate an 

aircraft unless, within the preceding 12 calendar months, it has had --

(1) An annual inspection in accordance with part 43 of this chapter and has 

been approved for return to service by a person authorized by § 43.7 of 

this chapter; or

(2) An inspection for the issuance of an airworthiness certificate in accordance 

with part 21 of this chapter.

8. Simeon J Fritz 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
11

records of the 100-hour, annual, progressive, and other required or 

approved inspections, as appropriate, for each aircraft (including the 

airframe) and each engine, propeller, rotor, and appliance of an aircraft. 

The records must include--

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

the work performed; and

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

(iii) The signature, and certificate number of the person approving the 

aircraft for return to service.

(2) Records containing the following information:

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

and each rotor.

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

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

are required to be overhauled on a specified time basis.

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

the last inspection required by the inspection program under which 

the aircraft and its appliances are maintained.

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

safety directives including, for each, the method of compliance, the 

AD or safety directive number and revision date. If the AD or safety 

directive involves recurring action, the time and date when the next 

action is required.

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

major alteration to the airframe and currently installed engines, rotors, 

propellers, and appliances.

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

prescribed:

(1) The records specified in paragraph (a)(1) of this section shall be retained 

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

the work is performed.

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

and transferred with the aircraft at the time the aircraft is sold.

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

of this chapter shall be retained until the defects are repaired and the 

aircraft is approved for return to service.

C. The Extent Of Relief Simeon J Fritz Seeks And The Reason Simeon J Fritz Seeks

The Relief.

1. Extent Of Relief Simeon J Fritz Seeks And The Reason Simeon J Fritz

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

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

flight operations for compensation or hire.
12

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, Simeon J Fritz submits that an equivalent level 

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

Phantom 2, DJI Phantom 2 Vision+, DJI Phantom 3, and 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, DJI Phantom 2 Vision+, DJI 

Phantom 3, and 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, Simeon J Fritz submits that all flights of the DJI Phantom 2, 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 Simeon J Fritz's business; and (2) will not 

carry passengers for compensation or hire.

2. Extent Of Relief Simeon J Fritz Seeks And The Reason Simeon J Fritz

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 Simeon J Fritz to determine that the DJI Phantom 2, 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 Simeon J Fritz Aerial Operations Manual, Monthly Maintenance 

Log, and DJI Phantom 2, DJI Phantom 2 Vision+, DJI Phantom 3, and DJI Inspire 1 

Instruction Manual).

Simeon J Fritz seeks the requested relief because the DJI Phantom 2, DJI 
13

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, 

Simeon J Fritz will ensure that the DJI Phantom 2 Vision+ 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, 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.

3. Extent Of Relief Simeon J Fritz Seeks And The Reason Simeon J Fritz

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, 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), Simeon J Fritz seeks the requested relief because the DJI 

Phantom 2, 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+ 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.

4. Extent Of Relief Simeon J Fritz Seeks And The Reason Simeon J Fritz
14

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+ 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. Simeon J Fritz seeks the requested relief because 

without an exemption from Section 91.151(b), the flight time duration of the battery

powered DJI Phantom 2, 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 Simeon J Fritz proposes to conduct pursuant to this Petition.

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

Phantom 2 Vision+, DJI Phantom 3, and DJI Inspire 1 UASs, the DJI Phantom 2 Vision+ 

and DJI Inspire 1 operating documents, and Simeon J Fritz’s proposed operating 

limitations, ensure that Simeon J Fritz will safely operate the battery powered DJI Phantom 

2 Vision+ 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.

5. Extent Of Relief Simeon J Fritz Seeks And The Reason Simeon J Fritz

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, Simeon J Fritz requests relief 

from these Sections because the DJI Phantom 2, 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, DJI Phantom 2 Vision+, DJI Phantom 3, and DJI Inspire 1
15

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

certificate. Accordingly, Simeon J Fritz 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 Simeon J 

Fritz Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 2, DJI 

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

Simeon J Fritz will document and maintain all maintenance records for the DJI Phantom 

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

D. The Reasons Why Granting Simeon J Fritz 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 Simeon 

J Fritz to safely, efficiently, and economically perform aerial video and photography for 

clients over certain areas of the United States.

Additionally, use of the DJI Phantom 2, 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 Simeon J Fritz’s 

proposed operation of the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs will be 

realized without implicating any privacy issues.

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

The DJI Phantom 2, 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, DJI Phantom 2 Vision+, DJI Phantom 3, and 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
16

DJI Phantom 2, DJI Phantom 2 Vision+, DJI Phantom 3, and DJI Inspire 1 UAs do not

require an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting 

aerial video and photography missions would result in fewer aircraft that must be handled 

by air traffic control during the ground, takeoff, departure, arrival, and landing phases of 

flight operations.

2. The Public Will Benefit From The Safety And Efficiency Of The DJI 

Phantom 2, DJI Phantom 2 Vision+, DJI Phantom 3, and DJI Inspire 1

UASs.

Conducting aerial acquisitions with the DJI Phantom 2, 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, 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, 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, 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, DJI 

Phantom 2 Vision+, DJI Phantom 3, and DJI Inspire 1 UAs (weighing approximately 2 

pounds 13 ounces, 2 pounds 11 ounces, 2 pounds 13 ounces, and 6 pounds 7.5 ounces 
17

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

respectively, widths of 13 inches,16 inches, 22 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).

3. Performing Aerial Video and Photography Operations With The DJI 

Phantom 2, 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, 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+ and DJI Inspire 1 UASs will allow United States based companies, like Simeon J 

Fritz’s company, 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, 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, DJI Phantom 2 Vision+, DJI Phantom 3, and 

DJI Inspire 1 UASs, companies such as Simeon J Fritz, 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, DJI 

Phantom 2 Vision+, DJI Phantom 3, and DJI Inspire 1 UASs, provides a stable 
18

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, Simeon J Fritz’s proposed operation of the DJI Phantom 2, DJI Phantom 2 

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

Specifically, the DJI Phantom 2, DJI Phantom 2 Vision+, DJI Phantom 3, and DJI

Inspire 1 UASs will be operated only in compliance with operating documents (i.e., the 

Simeon J Fritz Aerial Operations Manual, Monthly Maintenance Log, and DJI 

Phantom 2, 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.

E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, 

Or How The Exemption Would Provide A Level Of Safety At Least Equal To 

That Provided By The Rule From Which Simeon J Fritz Seeks Exemption.

1. Reasons Why The DJI Phantom 2 Vision+ 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, Simeon J Fritz’s operation of the DJI 

Phantom 2, 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.

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 
19

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 ofsight do not create
20

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 ofsuch aircraft systems in the national airspace system.

In seeking this exemption, Simeon J Fritz submits that the DJI Phantom 2, 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, 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, DJI Phantom 2 Vision+, DJI 

Phantom 3, and DJI Inspire 1 UASs Demonstrate Its Safe Characteristics.

The DJI Phantom 2, 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, DJI Phantom 2 

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

The technical specifications of the DJI Phantom 2 Vision+ and DJI Inspire 1

UASs are set forth by the DJI Phantom 2, DJI Phantom 2 Vision+, DJI Phantom 3, and 

DJI Inspire 1 Specifications and Data Sheet, attached hereto as Exhibit A and B.

ii. The DJI Phantom 2, 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, DJI Phantom 2 Vision+, DJI Phantom 3, and DJI Inspire 1 

UASs may be operated in both manual and fully autonomous flight modes. 

iii. The DJI Phantom 2, DJI Phantom 2 Vision+, DJI Phantom 3, and DJI

Inspire 1 UASs Are Designed
21

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, 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+ 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.

iv. The DJI Phantom 2, DJI Phantom 2 Vision+, DJI Phantom 3, 

and DJI Inspire 1 GCS And Its Operation.

b. Flight Operations Of DJI Phantom 2, DJI Phantom 2 Vision+, DJI 

Phantom 3, and DJI Inspire 1 UASs Are Limited To The Line Of Sight Of

The Operator.

The operator will have proven his competency at operating the DJI 

Phantom 2, DJI Phantom 2 Vision+, DJI Phantom 3, and DJI Inspire 1 

showing that he is able to safely control these UAVs and perform any 

required procedures. Additionally a safety observer will be present at all 

times during the operation of the DJI Phantom 2, DJI Phantom 2 Vision+, 

DJI Phantom 3, and DJI Inspire 1.

c. Flights Of DJI Phantom 2, DJI Phantom 2 Vision+, DJI Phantom 3, 

and DJI Inspire 1 UASs Will Be

Conducted Pursuant To Specific Operating Limitations.

In seeking this exemption, Simeon J Fritz proposes to commercially operate DJI 

Phantom 2, 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, 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.
22

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 500 feet above ground 

level (AGL), as indicated by the procedures specified in the operating 

documents unless a special request is made and approved by ATC. All altitudes 

reported to ATC must be in feet AGL.

5. The UAs must be operated within visual line of sight (VLOS) of the PIC at all 

times. This requires the PIC to be able to use human vision unaided by any 

device other than corrective lenses, as specified on the PIC’s FAA-issued 

airman medical certificate.

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

permitted.

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

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

capability. The SO and PIC must be able to communicate verbally at all times. 

Electronic messaging or texting is not permitted during flight operations. The 

PIC must be designated before the flight and cannot transfer his or her 

designation for the duration of the flight. The PIC must ensure that the SO can 

perform the functions prescribed in the operating documents.

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

and avoiding other air traffic and other ground based obstacles/obstructions

and is not permitted to operate the camera or other instruments.

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

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

discrepancy exists between the conditions and limitations contained in the

grant of exemption and the procedures outlined in the operating documents, the 

conditions and limitations contained in the grant of exemption take precedence 

and must be followed. Otherwise, the operator must follow the procedures as 

outlined in its operating documents. The operator may update or revise its 

operating documents. It is the operator’s responsibility to track such revisions 

and present updated and revised documents to the Administrator upon request. 

The operator must also present updated and revised documents if it petitions

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

determines that any update or revision would affect the basis upon which the
23

FAA granted the exemption, then the operator must petition for amendment to 

its grant of exemption. The FAA’s UAS Integration Office (AFS-80) may be 

contacted if questions arise regarding updates or revisions to the operating 

documents.

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

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

safe operation of the UAS, the aircraft is prohibited from operating until the 

necessary maintenance has been performed and the UAS is found to be in a 

condition for safe flight. The Ground Control Station must be included in the 

preflight inspection. All maintenance and alterations must be properly 

documented in the aircraft records.

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

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

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

functional test flight must make an entry in the aircraft records.

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

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

relevant sections of the operating documents.

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

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

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

requirements, in accordance with the operating documents. Maintenance, 

inspection, alterations, and status of replacement/overhaul component parts 

must be noted in the aircraft records, including total time in service, 

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

returning the UAS to service.

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

Safety Bulletins.

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

corrective action taken against discrepancies discovered between inspections.

17. The PIC is not required to possess a pilots license but must have 

documentation showing that he has completed at least 30 hours of flight on 

the DJI Phantom 2, DJI Phantom 2 Vision+, DJI Phantom 3, or DJI Inspire 

1.

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. 
24

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.
25

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.

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

operations and activities at all times.

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

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

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

persons), vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect 

nonparticipating persons from the UA and/or debris in the event of an 

accident. The operator must ensure that nonparticipating persons 

remain under such protection. If a situation arises where 

nonparticipating persons leave such protection and are within 500 feet 

of the UA, flight operations must cease immediately and/or;

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

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

permission and the PIC has made a safety assessment of the risk of 

operating closer to those objects and determined that it does not present 

an undue hazard, and;

c. Operations nearer to the PIC, SO, operator trainees or essential persons 

do not present an undue hazard to those persons per § 91.119(a).

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

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

Permission from land owner/controller or authorized representative will be 

obtained for each flight to be conducted.

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

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

And (b) Would Not Adversely Affect Safety.

Simeon J Fritz 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+ 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+ or 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.
26

Considering Simeon J Fritz’s proposed area of operations, and the operating 

limitations set forth-above; the airmanship skills necessary to safely operate the DJI 

Phantom 2, DJI Phantom 2 Vision+, DJI Phantom 3, or DJI Inspire 1 UAS, Simeon J 

Fritz submits that the additional manned airmanship experience of a certificated pilot 

would not correlate to the airmanship skills necessary for Simeon J Fritz’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).

Simeon J Fritz will not allow any PIC to operate the DJI Phantom 2, DJI

Phantom 2 Vision+, DJI Phantom 3, or DJI Inspire 1 UAS unless that PIC has 

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

DJI Phantom 2 Vision+, DJI Phantom 3, or DJI Inspire 1 UAS training and currency 

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

Vision+, DJI Phantom 3, or 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, 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 Simeon J Fritz’s proposed operations. The 

Administrator
27

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 flighthour 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, Simeon J Fritz will ensure safe operations by not allowing any PIC

to operate the DJI Phantom 2, DJI Phantom 2 Vision+, DJI Phantom 3, or 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, DJI Phantom 2 

Vision+, DJI Phantom 3, or 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.

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, Simeon J Fritz will ensure that the DJI Phantom 2, 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.
28

Additionally, the FAA has previously granted relief from Section 91.7(a) specific

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

Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110,

11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

4. Reasons Why An Exemption From The Requirements Of Section 91.121

Would Not Adversely Affect Safety.

The equivalent level of safety established by Section 91.121 will be maintained 

because the altitude information of the DJI Phantom 2, 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 

Simeon J Fritz’s operation of the DJI Phantom 2, 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).

5. Reasons Why An Exemption From The Requirements Of Section 91.151(b) 

Would Not Adversely Affect Safety.

A grant of this exemption would ensure an equivalent level of safety established 

by 14 C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the DJI 

Phantom 2, 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, Simeon J Fritz will ensure that it will safely operate the battery

powered DJI Phantom 2, 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 
29

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, 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, 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 Vision+ 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).

6. Reasons Why An Exemption From The Requirements Of Sections

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would

Not Adversely Affect Safety.

In seeking this exemption, Simeon J Fritz submits that the equivalent level of 

safety with regard to the regulatory maintenance and alteration requirements established 
30

by Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be 

met because Simeon J Fritz 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 Simeon J Fritz Aerial 

OperationManual, Monthly Maintenance Log, and DJI Phantom 2, DJI Phantom 2 

Vision+, DJI Phantom 3, and DJI Inspire 1 Instruction Manual). Furthermore, Simeon J 

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

Vision+ and DJI Inspire 1 UASs.

Since the DJI Phantom 2, DJI Phantom 2 Vision+, DJI Phantom 3, and DJI

Inspire 1 UASs will be inspected as prescribed by the operating documents, Simeon J 

Fritz 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+ and DJI Inspire 1 

User Manuals are attached hereto as Exhibit C and D; a copy of the DJI Phantom 2 

Vision+ and DJI Inspire 1 UAS Maintenance LOG is attached hereto as Exhibit E.

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

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

maintenance on the UAS using the methods, techniques, and practices prescribed by the 

operating documents.

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

established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the 

DJI Phantom 2, 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.
31

In consideration of Simeon J Fritz’s proposed operating limitations, the operating 

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

Phantom 3, and DJI Inspire 1 UASs, Simeon J Fritz submits that safety will not be 

adversely affected by granting exemption from 14 C.F.R. Sections 91.405(a), 

91.407(a)(1) and (a)(2), 91.409(a)(2), and

91.417(a) and (b). The FAA has previously granted relief specific to UAS in 

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

NOS. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136,

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

7. The FAA May Prescribe Any Other Conditions For Safe Operation.

In accordance with Section 333 of the FAA Modernization and Reform Act of

2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, Simeon J Fritz requests 

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

Vision+ 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+ 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 
32

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

engine or propeller, he prescribes special conditions and amendments thereto for 

the product. The special conditions are issued in accordance with Part 11 of this 

chapter and contain such safety standards for the aircraft, aircraft engine or 

propeller as the FAA finds necessary to establish a level of safety equivalent to 

that established in the regulations.

See 14 C.F.R. § 21.16.

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

may prescribe special conditions for Leading Edge’s intended operation of the DJI 

Phantom 2, 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 Simeon J Fritz Seeks Exemption:

Simeon J Fritz 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 Simeon J Fritz Seeks:

This exemption will permit Simeon J Fritz 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

Simeon J Fritz’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, Simeon J Fritz’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 
33

airworthiness certification.

As discussed in detail above, Simeon J Fritz will operate the DJI Phantom 2, 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.

It is requested that the individuals reviewing this request keep in mind that Simeon 

Fritz does not possess a pilots license of any kind. Therefore, he is requesting permission to 

operate UASs for commercial purposes based on his experience with unnmanned systems and 

not manned aircrafts. 
34

CONCLUSION

As set forth herein, Simeon J Fritz 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, 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 Simeon J Fritz to safely, efficiently, and 

economically operate the DJI Phantom 2, 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, Simeon J Fritz 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 Simeon Fritz to operate the DJI 

Phantom 2, DJI Phantom 2 Vision+, DJI Phantom 3, and DJI Inspire 1UASs 

commercially for the purpose of conducting aerial video and photography over certain 

areas of the United States.

Dated: June 9, 2015

Respectfully submitted, 

Simeon J Fritz

Simeon J Fritz

912 Mount Pleasant RD

Kingston Springs, TN 37082

615-838-3013
35

Appendices:

A – DJI Phantom 2 Vision+ Specifications Data Sheet

B – DJI Inspire 1 Specifications Data Sheet
36

APPENDIX – A

DJI PHANTOM 2 VISION+ TECHNICAL SPECIFICATIONS

Simeon J Fritz only utilizes safe and reliable UASs. DJI is an industry leader in small UAS production. 

DJI UASs are loaded with ground breaking software enabling the user to set parameters which will not 

allow flight into controlled airspace. Parameters can also be set to limit flight to no higher than a 

predetermined and set altitude as well as limit flight to a predetermined and set distance. In addition, 

DJI software provides real-time altitude and location information to the PIC via the linked monitor 

(smart phone/tablet devices)

1.1 DJI Phantom 2 Vision+

1.1.1 Aircraft

1.1.1.1 Supported Battery – DJI 5200mAH LiPo Battery

1.1.1.2 Weight (Battery & Propellers Included) – 2lbs 11.810oz (1242g)

1.1.1.3 Hover Accuracy (Ready to Fly) – Vertical: .8m; Horizontal: 2.5m

1.1.1.4 Max Yaw Angular Velocity - 200 /s

1.1.1.5 Max Tilt Angel - 35

1.1.1.6 Max Ascent Speed – 6m/s

1.1.1.7 Max Descent Speed – 2m/s

1.1.1.8 Max Flight Speed – 15m/s (NOT RECOMMENDED)

1.1.2 Gimbal

1.1.2.1 Working Current – Static: 750mA; Dynamic: 900mA

1.1.2.2 Control Accuracy - ±0.03

1.1.2.3 Controllable Range – Pitch: -90 - 0

1.1.2.4 Maximum Angular Speed – Pitch: 90 /s

1.1.3 Camera

1.1.3.1 Operating Temperature Range - 32 F - 104 F (0 C - 40 C)

1.1.3.2 Sensor Size – 1/2.3”

1.1.3.3 Effective Pixels – 14M

1.1.3.4 Resolution – 4384x3288

4.1.3.5 HD Video Recording – 1080p30 & 720p

4.1.3.6 Recording Field of View - 110 /85

1.1.4 Transmitter

1.1.4.1 Operating Frequency – 5.728GHz – 5.85GHz

1.1.4.2 Communication Distance (unobstructed) – FCC Compliance: 800m

1.1.4.3 Receiver Sensitivity (1%PER) - -93dBm

1.1.4.4 Transmitter Power – FCC Compliance: 100mW

1.1.4.5 Working Voltage – 120mA@3.7V

1.1.5 Range Extender

1.1.5.1 Operating Frequency – 2412-2462MHz

1.1.5.2 Communication Distance (unobstructed) – 500-700m

1.1.5.3 Transmitter Power – 20dBm

1.1.5.4 Power Consumption – 2W
37

APPENDIX – B

DJI INSPIRE 1 TECHNICAL SPECIFICATIONS

Simeon J Fritz only utilizes safe and reliable UASs. DJI is an industry leader in small UAS production. 

DJI UASs are loaded with ground breaking software enabling the user to set parameters which will not 

allow flight into controlled airspace. Parameters can also be set to limit flight to no higher than a 

predetermined and set altitude as well as limit flight to a predetermined and set distance. In addition, DJI

software provides real-time altitude and location information to the PIC via the linked monitor (smart 

phone/tablet devices)

2.2	DJI	Inspire	1

2.2.1	Aircraft

2.2.1.1	Model – T600

2.2.1.2	Weight	(Battery	Included) – 6lbs	7.5291oz	(2935g)

2.2.1.3	Hovering	Accuracy	(GPS	Mode) – Vertical:	0.5m;	Horizontal:	2.5m

2.2.1.4	Max	Angular	Velocity – Pitch:	3000/s;	Yaw:	1500/s

2.2.1.5	Max	Tilt	Angle - 350

2.2.1.6	Max	Ascent	Speed – 5m/s

2.2.1.7	Max	Descent	Speed – 4m/s

2.2.1.8	Max	Speed – 22m/s	(ATTI mode,	no	wind – NOT	RECOMMENDED)

2.2.1.9	Max	Flight	Altitude – 4500m

2.2.1.10	Max	Wind	Resistance	– 10m/s

2.2.1.11	Max	Flight	Time	– Approximately	18	minutes

2.2.1.12	Motor	Model – DJI	3510

2.2.1.13	Propeller	Model – DJI	1345

2.2.1.14	Operating	Temperature Range – 140F	to	1040F	(-100C	to	400C)

2.2.1.15	Dimensions – 17	1⁄4”	x	17	3⁄4”	x	12”

2.2.2	Gimbal

2.2.2.1	Model – ZENMUSE	X3

2.2.2.2	Output	Power	(with	camera) – Static:	9W;	In	Motion: 11W

2.2.2.3	Operating	Current – Static:	750mA;	In	Motion:	900mA

2.2.2.4 Angular	Vibration	Range - ±0.030

2.2.2.5	Mounting – Detachable

2.2.2.6	Controllable	Range – Pitch: -900 to	+300;	Pan:	±3200

2.2.2.7	Mechanical	Range – Pitch: -1250 to	450;	Pan:	±3300

2.2.2.8	Max	Controllable	Speed – Pitch:	1200/s;	Pan:	1800/s

2.2.3	Camera

2.2.3.1	Name – X3

2.2.3.2	Model – FC350

2.2.3.3	Total	Pixels – 12.76M

2.2.3.4	Effective	Pixels – 12.4M

2.2.3.5	Image	Max	Size – 4000x3000

2.2.3.6	ISO	Range – 100-3200

2.2.3.7	Field	of View - 940

2.2.3.8	CMOS – Sony	EXMOR	1/2.3”

2.2.3.9	HD	Video	Recording – UHD(4K):	4096x2160p24/25,

3840x2160p24/25/30;	FHD:	1920x1080p24/25/30/48/50/60;	HD:

1280x720p24/25/30/48/50/60

2.2.3.10	Operating	Temperature	Range - 320F	- 1040F	(00C - 400C)

2.2.4	Transmitter

2.2.4.1	Name – C1

2.2.4.2	Operating	Frequency – 5.728-5.850GHz;	2.400-2.483GHz

2.2.4.3	Communicating	Distance	(unobstructed)	– 2000m

2.2.4.4	Output	Power – 9W

2.2.4.5	Operating	Temperature	Range - 140F	to	1040F	(-100C	to	400C)

2.2.4.6	Battery – 600mAh	LiPo	2S