August 6, 2015

Exemption No. 12371

Regulatory Docket No. FAA–2015–1971

Mr. Thomas C. Gricks III

Schnader Harrison Segal and Lewis LLP

Fifth Avenue Place, Suite 2700

120 Fifth Avenue

Pittsburgh, PA 15222

Dear Mr. Gricks:

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

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

including the date it ends.

By letter dated May 15, 2015, you petitioned the Federal Aviation Administration (FAA) on 

behalf of Civil & Environmental Consultants, Inc. (hereinafter petitioner or operator) for an 

exemption. The petitioner requested to operate an unmanned aircraft system (UAS) to 

conduct aerial acquisitions in surveying, monitoring, and inspecting.

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

the regulations that the petitioner seeks an exemption.

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

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

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

Airworthiness Certification

The UAS proposed by the petitioner is a DJI Phantom 2 Vision.
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The petitioner requested relief from 14 CFR part 21, Certification procedures for products 

and parts, Subpart H—Airworthiness Certificates. In accordance with the statutory criteria 

provided in Section 333 of Public Law 112−95 in reference to 49 U.S.C. § 44704, and in 

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

aircraft and its operation, the Secretary of Transportation has determined that this aircraft 

meets the conditions of Section 333. Therefore, the FAA finds that the requested relief from 

14 CFR part 21, Certification procedures for products and parts, Subpart H—Airworthiness 

Certificates, and any associated noise certification and testing requirements of part 36, is 

not necessary.

The Basis for Our Decision

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

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

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

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

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

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

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

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

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

by this exemption is in the public interest.

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

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

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

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

11213 also apply to the situation you present; and 

• A grant of exemption is in the public interest.

Our Decision

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

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

delegated to me by the Administrator, Civil & Environmental Consultants, Inc. is granted an 

exemption from 14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 

91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 

91.417(a) and (b), to the extent necessary to allow the petitioner to operate a UAS to perform 

 

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

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

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

instruments aboard the UA.
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aerial data collection. This exemption is subject to the conditions and limitations listed 

below.

Conditions and Limitations

In this grant of exemption, Civil & Environmental Consultants, Inc. is hereafter referred to as 

the operator.

Failure to comply with any of the conditions and limitations of this grant of exemption will be 

grounds for the immediate suspension or rescission of this exemption.

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

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

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

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

not permitted. 

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

exemption holder may use either groundspeed or calibrated airspeed to determine 

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

airspeeds greater than the maximum UA operating airspeed recommended by the 

aircraft manufacturer.

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

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

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

This requires the PIC to be able to use human vision unaided by any device other than 

corrective lenses, as specified on the PIC’s FAA-issued airman medical certificate or 

U.S. driver’s license.

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

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

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

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

electronic messaging or texting is not permitted during flight operations. The PIC 

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

duration of the flight. The PIC must ensure that the VO can perform the duties 

required of the VO.

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

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

exemption, are hereinafter referred to as the operating documents. The operating 
4

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

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

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

the conditions and limitations herein take precedence and must be followed. 

Otherwise, the operator must follow the procedures as outlined in its operating 

documents. The operator may update or revise its operating documents. It is the 

operator’s responsibility to track such revisions and present updated and revised 

documents to the Administrator or any law enforcement official upon request. The 

operator must also present updated and revised documents if it petitions for extension 

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

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

the operator must petition for an amendment to its grant of exemption. The FAA’s 

UAS Integration Office (AFS−80) may be contacted if questions arise regarding 

updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation 

or flight characteristics, e.g., replacement of a flight critical component, must undergo 

a functional test flight prior to conducting further operations under this exemption. 

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

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

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

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

in a condition for safe operation.

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

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

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

inspection reveals a condition that affects the safe operation of the UAS, the aircraft is 

prohibited from operating until the necessary maintenance has been performed and the 

UAS is found to be in a condition for safe flight.

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

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

aircraft components.

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

safety bulletins.

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

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

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

state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal 
5

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

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

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

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

operated under this exemption, including evasive and emergency maneuvers and 

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

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

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs 

(training, proficiency, and experience-building) and determining the PIC’s ability to 

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

under this exemption are permitted under the terms of this exemption. However, 

training operations may only be conducted during dedicated training sessions. During 

training, proficiency, and experience-building flights, all persons not essential for 

flight operations are considered nonparticipants, and the PIC must operate the UA 

with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

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

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

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

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

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

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

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

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

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

to the Administrator or any law enforcement official upon request.

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

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

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

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

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

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

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

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

power recommended by the manufacturer if greater.

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

operations shall be conducted in accordance with an ATO-issued COA. The 
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exemption holder may apply for a new or amended COA if it intends to conduct 

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

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

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

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

be as large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and 

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

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

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

official upon request.

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

activities at all times. 

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

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

persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons 

from the UA and/or debris in the event of an accident. The operator must ensure 

that nonparticipating persons remain under such protection. If a situation arises 

where nonparticipating persons leave such protection and are within 500 feet of 

the UA, flight operations must cease immediately in a manner ensuring the safety 

of nonparticipating persons; and

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

for operating closer to those objects and the PIC has made a safety assessment of 

the risk of operating closer to those objects and determined that it does not 

present an undue hazard.

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

nonparticipating persons under this exemption.

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

permission from the property owner/controller or authorized representative. 

Permission from property owner/controller or authorized representative will be 

obtained for each flight to be conducted.

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

boundaries of the operational area as defined by the applicable COA must be reported 

to the FAA's UAS Integration Office (AFS−80) within 24 hours. Accidents must be 
7

reported to the National Transportation Safety Board (NTSB) per instructions 

contained on the NTSB Web site: www.ntsb.gov.

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

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

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

as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this 

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

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

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

must include at least the following:

a. Dates and times for all flights;

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

under this grant of exemption;

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

the UAS;

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

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

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

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

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

g. Signature of exemption holder or representative; and

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

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

essential to accomplish the operation.

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

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

exemption holder’s MPTOM.

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

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

parts 45, 47, 61, and 91.
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This exemption terminates on August 31, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
PHDATA 5282092_1

PETITION FOR EXEMPTION FROM FEDERAL AVIATION REGULATIONS 

(“FARS”) AND REQUEST FOR APPROVAL TO OPERATE UNMANNED

AIRCRAFT SYSTEMS UNDER SECTION 333 OF THE FAA REFORM ACT

AND PART 11 OF THE FARS

Submitted by: Civil & Environmental Consultants, Inc.

Dated: May 15, 2015

By Electronic Submission to: www.regulations.gov (without CONFIDENTIAL Supplement)

By Paper Submission (including CONFIDENTIAL Supplement) to:

U.S. Department of Transportation

Docket Operations

West Building Ground Floor, Room W12-140

1200 New Jersey Avenue, SE

Washington, DC 20590

Filed by: 

Thomas C. Gricks III

Schnader Harrison Segal & Lewis LLP

Fifth Avenue Place, Suite 2700

Pittsburgh, PA 15222

(412) 577-5205

tgricks@schnader.com

Counsel for Civil & Environmental Consultants, Inc.
PHDATA 5282092_1

TABLE OF CONTENTS

I. Summary for Publication in Federal Register..........................................................1

II. Legal Basis for the Requested Exemption under Section 333 .................................7

III. Identity and Contact Information of the Petitioner ..................................................7

IV. The Phantom 2 Vision sUAS ...................................................................................8

V. The Proposed sUAS Operation................................................................................9

VI. The Phantom 2 Vision sUAS Equivalent Level of Safety .....................................14

VII. Privacy ...................................................................................................................17

VIII. Public Interest and Safety ......................................................................................17

IX. Exemptions Requested Under Section 333 ............................................................18

X. Certificate of Authorization or Waiver...................................................................28

XI. Conclusion .............................................................................................................28
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I. Summary for Publication in Federal Register

Civil and Environmental Consultants, Inc. (“CEC”) is a national industry-focused 

consulting firm of more than 650 professionals providing comprehensive services in the primary 

practice areas of civil engineering, environmental engineering and sciences, ecological sciences, 

waste management and water resources. Amongst its many service offerings, CEC conducts site 

inspections, surveys, construction site monitoring, and other similar projects for clients in the

manufacturing, mining, natural gas, power, public sector, real estate, and solid waste industries.

CEC seeks to operate small unmanned aircraft systems (“sUAS”) for compensation or 

hire within the National Airspace System (“NAS”) for the purpose of conducting aerial 

acquisitions within the NAS, including without limitation, site surveying, monitoring, and 

inspecting. CEC seeks an exemption to operate the DJI Phantom 2 Vision sUAS (“Phantom 2 

Vision sUAS”) for this purpose.

The data obtained through the use of the Phantom 2 Vision sUAS will enable CEC to 

better comply with laws and regulations by conducting aerial acquisitions for project sites in an 

efficient and safe manner. Use of the sUAS is a low cost solution with low-environmental impact 

that protects surveyors and engineering personnel from the often hazardous conditions present at 

civil engineering project sites, while optimizing the quality and effectiveness of the data 

collected.

CEC hereby petitions the Federal Aviation Administration (“FAA”) for an exemption 

from various Federal Aviation Regulations (“FARs”) and requests approval to operate the 

Phantom 2 Vision sUAS in the NAS pursuant to Section 333 of the FAA Modernization and 

Reform Act of 2012, 49 U.S.C.S 44701(f) (the “Act”), and Title 14 of the Code of Federal 

Regulations (“CFR”), Part 11 (14 CFR Part 11) (the “Petition”).

In its Petition, CEC requests that an exemption be granted from the following regulations:

14 CFR Part 21

14 CFR 43.7

14 CFR 43.11

14 CFR 45.11

14 CFR 45.21

14 CFR 45.23(b)

14 CFR 45.27

14 CFR 45.29

14 CFR 61.113(a) & (b)

14 CFR 67

14 CFR 91.7(a)

14 CFR 91.9(b)(2)

14 CFR 91.9(c)

14 CFR 91.103(b)

14 CFR 91.109

14 CFR 91.119
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14 CFR 91.121

14 CFR 91.151(a)

14 CFR 91.203(a) & (b)

14 CFR 91.405(a)

14 CFR 91.407(a)(1)

14 CFR 91.409(a)(2)

14 CFR 91.417(a) & (b)

In its Petition, CEC describes in detail (i) the Phantom 2 Vision sUAS, (ii) the CEC team 

that will operate the Phantom 2 Vision sUAS and the members’ respective roles and 

qualifications, (iii) the proposed sUAS operations for which it seeks approval, and (iv) the 

various safety precautions that will be taken prior to and during the operations. Additional 

information concerning the Phantom 2 Vision sUAS, consisting of the Phantom 2 Vision sUAS

operating documents, is attached hereto as Exhibits A through D (i.e., the Phantom 2 Vision User 

Manual; the Phantom 2 Vision Quick Start Guide; the Smart Flight Battery Safety Guidelines;

and the Phantom 2 Vision Pilot Training Guide, respectively). CONFIDENTIAL 

INFORMATION concerning the procedures for the proposed operation of the sUAS, which 

include the sign-in sheet, preflight procedures, and maintenance and operations checklists, is 

attached to this Petition as Exhibit E (further endorsed as the “CONFIDENTIAL Supplement”). 

CEC intends to use these materials as part of its proposed operations, and requests that the

CONFIDENTIAL Supplement not be made public.

All maintenance, alterations, and preventive maintenance of the Phantom 2 Vision UAS 

performed by CEC will be in accordance with the methods, techniques, and practices prescribed 

in the above documents. Furthermore, only the Original Equipment Manufacturer (OEM) or 

qualified OEM maintainers will perform higher level inspections and maintenance per the 

operating documents and OEM standards. Moreover, CEC will document and maintain all 

maintenance records for the Phantom 2 Vision sUAS.

In support of its exemption request, CEC submits that (i) the Phantom 2 Vision sUAS is 

both safe and reliable and will satisfy the FAA’s airworthiness assessment, (ii) the CEC Pilot in 

Command (PIC) and visual observer (VO) have the requisite knowledge and experience to 

ensure the safe operation of the proposed sUAS, (iii) the operation procedures and parameters to 

be employed by CEC ensure safe sUAS operations in the NAS, and remove the threat of harm to 

people and property, including other manned aircraft, and (iv) CEC’s proposed operations, which 

include without limitation, the use of the Phantom 2 Vision sUAS to conduct aerial acquisitions 

of secure project sites for the benefit of the civil engineering industry, will be safer than that 

which would be achieved by flying a larger manned aircraft carrying crew and flammable fuel 

for the same purpose. In addition, permitting use of the Phantom 2 Vision sUAS will achieve 

various economic and environmental benefits, as well as significant efficiencies associated with 

cost, labor and safety, that serve the public interest. 

A. The Phantom 2 Vision sUAS

The Phantom 2 Vision sUAS is a popular off-the-shelf sUAS, developed by Dajiang 

Innovation Technology Inc. (“DJI”). The Phantom 2 Vision sUAS is comprised of a vertical 

takeoff and landing (“VTOL”) Unmanned Aircraft (“UA”) and a transportable Ground Control 
2

Station (“GCS”). The Phantom 2 Vision sUAS has a maximum gross weight of approximately 

5.5 pounds; measures approximately 12 inches in length, 12 inches in width, and 7 inches in 

height; and has maximum speed of approximately 30 knots. The Phantom 2 Vision sUAS is 

equipped with four rotors, each being driven by a Lithium Polymer battery powered electric 

motor. The Phantom 2 Vision sUAS is designed to carry an on-board camera manufactured by 

GoPro that allows it to collect detailed aerial acquisitions of project sites.

B. The Proposed sUAS Operations

CEC will conduct its sUAS operations using the Phantom 2 Vision sUAS in compliance 

with the FAA Notice 8900.227 Sections 12, 13, 14 and 16, issued on July 30, 2013.

The Phantom 2 Vision sUAS will be operated at CEC client project sites by a Pilot in 

Command (PIC), who will be assisted by a ground-based Visual Observer (VO) at all times 

during the operation. The VO will have a clear visual line of sight to the sUAS, and will be able 

to communicate verbally with the PIC at all times throughout the sUAS operation. The CEC PIC

will hold a private pilot certificate, as well as an airman medical certificate, and will

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

safely operate the Phantom 2 Vision sUAS in a manner consistent with this exemption, including 

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

vehicles and structures. Both the PIC and VO will have significant experience operating a variety 

of radio controlled model aircraft and have flown the Phantom 2 Vision sUAS in an indoor 

setting. 

Additional CEC operational restrictions for the Phantom 2 Vision sUAS that ensure safe 

flight include: 

1. The sUAS will not be flown at night and will be operated under visual meteorological 

conditions (“VMC”) or where visibility is at least 3 statute miles from PIC. The use of 

first person view (“FPV”) by the PIC or visual observer (“VO”) is not permitted.

2. Flights will be operated at an altitude of no more than 400 feet Above Ground Level 

(“AGL”), with the majority of flights anticipated to be operated at no more than 270 feet 

AGL.

3. The sUAS will not be flown at an airspeed exceeding 30 knots.

4. The sUAS will weigh less than 6 lbs. 

5. 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 sUAS with 30% battery power remaining. 

6. The sUAS must be operated within 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.

7. All operations must utilize a VO. The VO may be used to satisfy the VLOS requirement 

as long as the PIC always maintains VLOS capability. The VO and PIC must be able to 

communicate verbally at all times. Electronic messaging or texting is not permitted 
3

during flight operations. The PIC must be designated before the flight and cannot transfer 

his or her designation for the duration of the flight. The PIC must ensure that the VO can 

perform the functions prescribed in the operating documents.

8. The operating documents and the grant of exemption will be accessible during sUAS 

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 the 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.

9. A briefing will be conducted in regard to the planned sUAS operations prior to each day’s 

activities. It will be mandatory that all personnel who will be performing duties in 

connection with the operations be present for this briefing.

10. The operator will file any necessary paperwork in light of the exemptions with the 

appropriate Flight Standards District Office (“FSDO”).

11. Prior to each flight the PIC must inspect the sUAS to ensure it is in a condition for safe

flight. If the inspection reveals a condition that affects the safe operation of the sUAS, the 

aircraft is prohibited from operating until the necessary maintenance has been performed 

and the sUAS 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.

12. Any sUAS that has undergone maintenance or alterations that affect the sUAS 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.

13. 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.

14. The operator must follow the sUAS manufacturer’s aircraft/component, maintenance, 

overhaul, replacement, inspection, and life limit requirements. 

15. 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 sUAS to service.

16. Each sUAS operated under this exemption must comply with all Manufacturer Safety 
4

Bulletins.

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

taken against discrepancies discovered between inspections.

18. The sUAS will have redundancies and an independent flight termination system (FTS) 

that can be activated manually by the PIC to ensure the overall safety and predictability 

of the sUAS.

19. In the event of a loss of communications or signal, the sUAS is programmed to return to 

its home base.

20. The sUAS will have the capability to abort a flight in case of unexpected obstacles or 

emergencies. 

21. If the multirotor and its controller disconnects during flight, the system’s failsafe 

protection will come to the rescue and the multirotor will return to home and land 

automatically, rather than flying off uncontrollably or landing at an unknown location. 

22. If the multirotor crosses a geo-fence guarding the 500ft perimeter from the public, it will 

return to home and land automatically.

23. The sUAS will only be flown (i) in rural areas, away from any urban or congested 

locations, (ii) on secured private property with restricted public access, (iii) in areas 

located more than 5 miles away from any airport, (iv) in Class G Airspace, and (v) in 

such locations where the property owner has approved the contemplated sUAS 

operations.

24. The PIC, VO, and any additional crew members will comply with any additional safety 

regulations and protocols as may be required by each project site. 

25. CEC will communicate information about specific operations with Air Traffic Control 

(ATC) nearest to the project site.

26. CEC will submit a precise description of proposed sUAS operations (Plan of Activities) 

to the local Flight Services District Office (FSDO) within 3 days prior to the sUAS 

operations. 

27. CEC will obtain an Air Traffic Organization (ATO) Certificate of Authorization or Waiver 

(COA) prior to any operations under the grant of exemption. This COA will also require 

the operator to request a Notice to Airmen (NOTAM) not more than 72 hours in advance, 

but not less than 48 hours prior to the operation.

28. 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 (NNumber) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must be as 

large as practicable.

29. Before conducting operations, the radio frequency spectrum used for operation and 

control of the sUAS must comply with the Federal Communications Commission (FCC) 

or other appropriate government oversight agency requirements.

30. The documents required under 14 C.F.R. 91.9 and 91.203 must be available to the PIC at 

the Ground Control Station of the sUAS any time the sUAS is operating. These 
5

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

upon request.

31. The sUAS must remain clear and yield the right of way to all manned aviation operations 

and activities at all times. 

32. Written and/or oral permission from the relevant property holders will be obtained, 

confirmed and documented. 

33. All required permissions and permits will be obtained from territorial, state, county or 

city jurisdictions, including local law enforcement, fire, or other appropriate 

governmental agencies. 

34. 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.

C. Relevant Previously-Granted Exemptions

CEC bases its Petition, in part, on several relevant Section 333 Petitions that were granted 

by the FAA in 2014 and early 2015 and makes references to these exemptions throughout. These

exemptions include the following:

1. Exemption No. 11109 (the “Clayco Exemption”) for sUAS operations used to 

conduct aerial imaging to monitor and ensure the safety of construction sites.

2. Exemption No. 11114 (the “Woolpert Exemption”) for sUAS operations used to 

conduct precision aerial surveys over Ship Island, Mississippi.

3. Exemption No. 11062 (the “Astraeus Exemption”) for sUAS operations used for 

closed set filming for the motion picture industry.

4. Exemption No. 11136 (the “Advanced Aviation Solutions Exemption”) for sUAS 

operations used to conduct aerial surveys to support the agriculture industry.

5. Exemption No. 11138 (the “Trudeau Exemption”) for sUAS operations used to 

conduct real estate and aerial images of Tucson, AZ to use for marketing 

purposes.

The FAA granted these exemptions with conditions, having found that the petitioners 

presented an adequate showing of airworthiness and safety in their described sUAS operation to 

serve the public interest. CEC’s proposed operation does not differ significantly from the 

situations presented in the Clayco, Woolpert, and Advanced Aviation Solutions Exemptions. In 

fact, the proposed Phantom 2 Vision sUAS operations establish at least an equivalent level of 

safety to the sUAS operations described in the Clayco, Woolpert, and Advanced Aviation 

Solutions Exemptions, and are for purposes that will benefit the public in very similar ways. 

Given that CEC plans to operate over similar operating environments, and for similar purposes, 
6

and with the airmanship skills necessary to operate the sUAS, the FAA should grant CEC’s 

Petition.

D. Recent Changes to the Exemption Process

In April 2015, the FAA used a “summary grant” process to issue 30 Section 333 

exemption approvals for unmanned aircraft systems (UAS). Use of this process is likely to speed 

up the Section 333 exemption process for sUAS operators such as CEC. Given that the CEC 

Petition is substantially similar to the previously-granted exemption requests described above, 

CEC believes that use of the “summary grant” process is appropriate in evaluating this Petition. 

In addition, the FAA made the following two significant changes to the Section 333 

exemption process in April 2015:

 The agency now allows operations under these exemptions by people who hold a 

recreational or sport pilot certificate. Previously, Section 333 operators were required to 

have at least a private pilot certificate. The newly added certificates are easier to obtain, 

and therefore less costly, than a private pilot certificate.

 A third class medical certificate is no longer required. Now, a Section 333 operator only 

needs a valid driver’s license to satisfy the medical requirement. This change is 

consistent with the agency’s approach for sport pilot certificate holders, who may fly light 

sport aircraft with a driver’s license and no FAA medical certificate. 

FAA News & Update - FAA Summary Grants Speed UAS Exemptions, FAA E-Newsletter, April 9, 

2015.

CEC has been working diligently to comply with the previous requirements set forth by 

the FAA, and has developed its proposed plan of sUAS operations accordingly. Given that its 

proposed sUAS operations follow the more stringent requirements, CEC believes that it has 

exceeded what is needed to show at least an “equivalent level of safety” as required by the FAA. 

In light of the recent changes made by the FAA, CEC requests that the FAA use its “summary 

grant” authority to approve this Petition.

D. Recent FAA Rules 

On February 15, 2015, the FAA issued proposed rules for operation and certification of 

sUAS, under which the Phantom 2 Vision sUAS would qualify. (Docket No.: FAA-2015-0150; 

Notice No. 15-01 concerning 14 CFR Parts 21, 43, 45, 47, 61, 91, 101, 107, and 183). While 

these rules are open for public comment, and have yet to be implemented and therefore do not 

have the force of law, they are a strong indication of the FAA’s inclination to allow sUAS 

operations such as those proposed by CEC. CEC continues to pay close attention to these rules 

and their development and ultimate implementation. 

E. Conclusion
7

For all the above reasons, CEC asks that the FAA grant its request for exemption from 

certain FARs, and approve its operation of the Phantom 2 Vision sUAS in the national airspace in 

accordance with the limitations and restrictions set forth herein.

II. Legal Basis for the Requested Exemption under Section 333

In 2012, Congress passed the FAA Modernization and Reform Act, mandating the FAA to 

integrate unmanned aircraft systems (UAS) into the national airspace system (NAS). Section 332 

of the Act authorizes the FAA to develop regulations for the civil operation of UAS weighing 

less than 55 pounds. While the final UAS regulations have not yet been issued by the FAA, 

Congress, in Section 333 of the Act, directed the FAA to allow the operation of civil sUAS even 

before such final regulations are completed, to the extent that the sUAS operations do not create 

a hazard to the national airspace system or the public, or pose a threat to national security. 2012 

Act, §§ 333(a), (b)(1). 

The FAA has authority pursuant to 49 U.S.C.S 44701(f) to grant an exemption from the

regulations developed for manned aircraft operations (FARs and other requirements) to the 

extent the FAA finds that the exemption is “in the public interest.” An sUAS operation that is in 

the public interest has been described as an operation that “falls squarely within that zone of 

safety (an equivalent level of safety) in which Congress envisioned that the FAA must, by 

exemption, allow commercial operations of sUAS to commence immediately. ” See Clayco 

Exemption, p.8. 

Section 333 of the Act mandates the Secretary of Transportation to make a case-by-case 

determination of safety concerning proposed sUAS operations, by considering 6 factors. The six 

factors are (1) size, (2) weight, (3) speed, (4) operational capability, (5) proximity to airports and 

populated areas, and (6) operation within VLOS. 2012 Act, §§ 333(c). Once safe operation of the 

sUAS is established, the Secretary must then set forth requirements to facilitate the operation of 

the sUAS. 

III. Identity and Contact Information of the Petitioner

The petitioner is Civil & Environmental Consultants, Inc., a Pennsylvania corporation 

with its principal place of business at:

Civil & Environmental Consultants, Inc.

333 Baldwin Road

Pittsburgh, PA 15205-1751

Tel: (412) 429-2324

Fax: (412) 429-2114

Email: rcelender@cecinc.com 

Principal Contact: Richard Celender, Vice President
8

All questions concerning this Petition may be directed to Thomas C. Gricks III, counsel for Civil 

& Environmental Consultants, Inc., at:

Thomas C. Gricks III

Schnader Harrison Segal & Lewis, LLP

Fifth Avenue Place, Suite 2700

120 Fifth Avenue

Pittsburgh, PA 15222

(412) 577-5205

tgricks@schnader.com

IV. The Phantom 2 Vision sUAS

CEC seeks an exemption to operate the Phantom 2 Vision sUAS. This sUAS has been the 

subject of multiple Grants of Exemption from Section 91.151 (Exemption Nos. 11153, 11157), 

and other 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 

sUAS are considered. 

The Phantom 2 Vision sUAS is comprised of a vertical takeoff and landing (VTOL) 

Unmanned Aircraft (UA) and a transportable Ground Control Station (GCS). The Phantom 2 

Vision sUAS has a maximum gross weight of approximately 5.5 pounds; measures 

approximately 12 inches in length, 12 inches in width, and 7 inches in height; and has a 

maximum speed of approximately 30 knots. The Phantom 2 Vision sUAS is equipped with four 

rotors, each being driven by a Lithium Polymer battery powered electric motor. The Phantom 2 

Vision sUAS comes with an on-board camera and can support an additional camera payload to 

collect detailed imagery of project sites.

The technical specifications of the Phantom 2 Vision sUAS are as follows: 

1. sUAS: DJI Phantom 2Vision

2. Data Link: 3DR 915 MHz Radio, and 2.4 GHz 802.11

3. Camera: DJI On-board camera, GoPro Hero 3+ (Optional)

4. Batteries: Intelligent 5200 mAh Li-Po Battery

5. Empty Weight: <6lbs

6. Minimum Takeoff Weight: <6lbs

7. Maximum Takeoff Weight: <7lbs

8. Maximum Flight Time: 25 minutes

9. Programmed Range: >1mile

10. Maximum Wind Speed for Flight: 25 knots
9

11. Maximum Speed: 30 knots

12. Programmed Speed: 10 knots 

The Phantom 2 Vision sUAS is manually controllable at all times, and while it has 

preprogrammed autopilot capability, it is not completely autonomous and the PIC can override it 

at any time using manual controls. A PIC controls vertical and lateral movement by varying rotor 

RPM among the four rotors, independently for lateral movement and collectively for vertical 

movement. A flight radar displays the current position of the Phantom 2 Vision sUAS in relation 

to the pilot. If the Phantom 2 Vision sUAS exceeds the control range of the remote control, the 

flight control system will trigger ‘Return-to-Home’, meaning the Phantom 2 Vision sUAS will 

automatically fly back to its takeoff point and land safely. This same feature can be used to 

program flight parameters for the sUAS. In the event that the sUAS exceeds the programmed 

flight parameter, the sUAS will automatically fly back to its takeoff location. 

Additionally, and in order to increase flight safety and prevent accidental flights in 

restricted areas, the new firmware for the Phantom 2 Vision sUAS includes a No Fly Zone 

feature. This feature creates a No Fly Zone around airports all over the globe, and will not allow 

the sUAs to enter the parameters of the No Fly Zone. 

The Phantom 2 Vision sUAS tracks its battery life in real-time through its built-in Battery

Power Indicator and can be programmed to return to its launch location automatically in the 

event its battery life reaches 30%. The Phantom 2 Vision sUAS utilizes a barometric pressure 

sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude 

information from the UAV to the PIC at the ground control station. The Phantom 2 Vision sUAS

uses a 3DR 915 MHz Radio, and 2.4 GHz 802.11 communications link, which does not require 

any additional Federal Communications Commission (FCC) approvals beyond what is already 

approved for use commercially.

The Phantom 2 Vision sUAS carries a high quality camera and a removable 4GB micro 

SD card. It shoots full high definition video at 1080p/30fps and 720p/60fps. In addition to the 

built-in DJI camera, an off-shelf GoPro Hero 3+ camera can be mounted to the Phantom 2 Vision 

sUAS airframe. The GoPro Hero 3+ camera features include high-definition video recording 

with resolutions of 1080p60, 960p60 and 720p120 fps, a wide-angle glass lens and 10.0MP still 

image resolution, allowing it to take highly precise video and photographs. 

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

sUAS, the Ground Control Station (“GCS”), and its software is provided at pages 7 through 17 

and pages 42 through 65 of the Phantom 2 Vision User Manual. The Phantom 2 Vision sUAS is 

compliant with all Federal Communications Commission (FCC) requirements, and the radio 

frequency spectrum used for operation and control of the sUAS is set forth at page 70 of the 

Phantom 2 Vision sUAS User Manual. A copy of the Phantom 2 Vision User Manual, which 

contains proprietary information, is attached hereto in Exhibit A.

V. The Proposed sUAS Operation

The Phantom 2 Vision sUAS will be used to (i) conduct routine monitoring and (ii)

produce high resolution and quality precision aerial acquisitions of project sites for the civil 

engineering industry. Use of the sUAS is a low cost solution with low-environmental impact that 
10

protects surveyors from the often hazardous conditions present at civil engineering project sites, 

while optimizing the quality and effectiveness of the data collected. 

A. Selection of Appropriate Project Sites

CEC wishes to operate the Phantom 2 Vision sUAS for the purpose of conducting aerial 

acquisitions of project sites for its clients in various industries, including in the manufacturing, 

mining, natural gas, power, public sector, real estate, and solid waste industries. Typical project 

sites may include: (1) commercial and residential construction sites, (2) oil and gas and 

alternative energy sites, (3) public utility sites, (4) mining sites, (5) quarries, (6) excavation sites, 

(7) waste management sites, and (8) and other infrastructure development sites. CEC will select 

appropriate project sites based on safety considerations and any restrictions imposed by the FAA 

that are related to sUAS operations (“Appropriate Project Sites” or “APS”). As such, APS are 

limited to those project sites that have the following operating environment: 

1. APS will be located in rural areas, away from any urban or congested locations.

2. APS will be located on secured private property with restricted public access.

3. APS will be located more than 5 miles away from any airport.

4. APS will be located in Class G Airspace.

5. APS will be such locations where the property owner has approved the 

contemplated sUAS operations.

CEC will not operate the Phantom 2 Vision sUAS at project sites that are not determined 

to be APS.

If its Section 333 exemption request is granted, CEC intends to expand its sUAS 

operations to other similar APS within the United States. 

B. Operator Qualifications

The Phantom 2 Vision sUAS will be operated at APS by a PIC, who will be assisted by a 

ground-based VO at all times during the operation. The VO will have a clear visual line of sight 

to the sUAS, and will be able to communicate verbally with the PIC at all times throughout the

sUAS operation. 

The CEC PIC does not currently have a private pilot license or third class medical 

certification, although he is prepared to obtain these if necessary. The CEC PIC does, however, 

possess significant experience with and has demonstrated the appropriate skillset needed for 

flying sUAS. The CEC PIC has flown numerous practice flights in remote areas as a hobbyist 

simulating flights for future commercial use to gain familiarization with the characteristics of the 

sUAS performance under different temperature and weather conditions. In addition, the CEC 

PIC practices computerized simulated flights to maintain adequate skills and response reflex 

time.

With this experience, the CEC PIC can achieve an equivalent level of safety as achieved 

by current regulations because the risks of the CEC PIC operating the proposed sUAS at the APS 

are far less than the risk levels inherent in the commercial activities outlined in 14 CFR Part 61, 

et seq. The Phantom 2 Vision sUAS does not carry any pilots or passengers. Moreover, research 
11

has shown that a pilot’s license, while helpful, does not ensure remote control piloting skills or 

safe sUAS operation. 

Indeed, the FAA’s recent changes to the Section 333 exemption request process supports 

CEC’s position. Those changes allow for sUAS operations by PICs who hold a recreational or 

sport pilot certificate, certificates that are less costly and easier to obtain than a private pilot 

license. Additionally, a third class medical certificate is no longer required. Instead, a sUAS

operator only needs a valid driver’s license to satisfy the medical requirement. This change is 

consistent with the agency’s approach for sport pilot certificate holders, who may fly light sport 

aircraft with a driver’s license and no FAA medical certificate. 

In keeping with the FAA’s current position, the CEC PIC will obtain a recreational or 

sport pilot certification prior to, and as a condition of, conducting the proposed sUAS operations. 

Nonetheless, because the CEC PIC does not currently have a private pilot license or third class 

medical certificate, CEC petitions the FAA for an exemption from the requirements of Section 

61.113 (a) and (b) of Title 14, Code of the Federal Regulations (14 C.F.R.) for the reasons set 

forth in Section 8.I, below. 

C. Training

If this Petition is granted by the FAA, the PIC and VO intend to test fly the sUAS

outdoors, at the APS described above, or in locations bearing the same characteristics. CEC will 

adopt the FAA’s findings regarding sufficient training protocol for its PICs, whatever they may 

be, prior to conducting any commercial operations of the sUAS, and proposes the following in 

this regard (taken from the training requirements outlined by the FAA in the Trudeau Exemption, 

at pages 14-15, basing its analysis on the Astraeus Exemption):

“The PIC must have accumulated and logged at least 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. 

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, these minimum hour requirements will be inclusive rather than additive;

that is, 5 hours using the same system contemplated for operations may be included in the 

10 hours of multirotor 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 

take-offs and landings in the preceding 90 days (for currency purposes).”

This will ensure that the PIC obtains sufficient flight experience to begin using the sUAS

outdoors for the specified purposes outlined in this Petition. 

D. sUAS Flight Operations

The purpose of the typical sUAS flight will be to safely, accurately, and efficiently 

capture aerial images of a project site. The sUAS will collect photogrammetric pictures, and use 

specialized photogrammetry software to process the data. The output will typically be a 3D 

surface model and high resolution aerial photographs. 

Every sUAS flight will use at minimum a two man flight crew, including the PIC and 

VO.
12

The standard pre-flight and operational procedure is as follows: 

1. Meet at the security gate and complete pre-flight security, as appropriate for each 

site. 

2. Set up a “no-entry” perimeter around the jobsite forbidding entrance by nonauthorized personnel.

3. Verify that the project site is clear of non-authorized personnel.

4. Drive to the area to be surveyed.

5. Ensure that all necessary equipment, including the Flight Log, operating and 

flight manuals and checklists, and other documents are readily accessible. 

6. The PIC begins to ready sUAS for flight. 

a. Set up the hand held weather station on tripod. 

b. Check over the airframe, connections, and propellers for any damage 

during transport in vehicle. 

c. Calibrate the camera. 

d. Turn on and ready the GCS. 

e. Connect communication antennae to the GCS. 

f. Open Ground Station software and pull up the pre-planned 

photogrammetry flight path. 

g. Remove the battery for flight, measure current voltage, and log findings in 

the battery manual. 

h. Strap the battery securely into the sUAS; do not attach the main power. 

i. Move the sUAS to take off point, approximately 30 feet from crew. 

j. Attach the main power. 

k. Listen to the power up sequence of beeps from the ESC and motors. 

l. Set up traffic cones around the sUAS with a 20-foot (approximate) radius. 

This is the “home” area; operators are not allowed inside this area while 

the electrical motor is running. 

m. Activate engine power without moving the throttle up. Follow DJI 

compass calibration procedure which records the “home” point. 

n. Using the Ground Control Station, verify connection to the sUAS. 

o. The sUAS should appear on the screen, along with a recorded home point, 

battery voltage, current altitude relative to the ground, and current 
13

velocity. 

p. Upload the flight path data to the sUAS. 

q. Set a geo-fence around the jobsite so that when crossed the sUAS returns 

to Home. The Geo-fence will ensure that the sUAS never comes within 

the 500 ft limit from the public.

r. Verify good upload and connection. 

s. Record the time and weather in Flight Log. 

w. The sUAS is now fully prepared and ready to go.

7. While the PIC is readying the aircraft, the VO, or secondary crew member, is 

preparing the Ground Control Points (“GCPs”) and walking the site. 

a. Power up and calibrate the survey grade GPS equipment. 

b. Begin setting the GCPs and shooting the center of targets with survey 

GPS. 

c. While setting out the GCPs, the secondary crew member is also making 

sure area is clear of all people. 

8. The PIC double checks that the take-off area is clear.

9. The PIC takes off flying to the approximate survey altitude. 

10. The PIC instructs secondary crew member to initiate the preprogrammed flight 

path. 

11. The secondary crew verifies that the Ground Station has a good connection and is 

tracking the sUAS. 

12. The secondary crew then turns on the camera to take pictures at a continuous 

interval. 

13. During the entire preprogrammed flight, the PIC and VO always have VLOS and 

the PIC is prepared to take over flight operations as needed to ensure safe 

operations. 

14. The PIC’s Ground Station has a flight battery monitor which is set to a minimum 

of 30% battery reserve. The timer begins from the point the throttle is moved out 

of its start position. 

15. During flight, a secondary crew member vigilantly monitors the Ground Station 

data (voltage, forward velocity, altitude, and estimated remaining time to 

complete the mission) and relays any sudden changes or alerts to the PIC. 

16. As the mission completes, the PIC informs the secondary crew he is taking back 

over control. 

17. The secondary crew turns off the camera. 

18. The PIC begins to land the sUAS. 
14

19. After safely landing, the PIC immediately goes and unplugs the main power. He 

then checks the pictures to verify if the pictures are good and the mission was 

successful. 

20. If successful, the secondary crew leaves to go pick up GCPs. 

21. The PIC checks battery voltage and records in battery log. 

22. The PIC records flight time in Flight Log. 

23. The PIC turns off Ground Control and camera. 

24. The PIC looks over airframe to see if any damage or loose connections resulted 

from the flight, and records any findings. 

25. The PIC begins to pack all equipment up for safe transport. 

VI. The Phantom 2 Vision sUAS Equivalent Level of Safety 

CEC proposes that the exemptions requested herein apply to civil aircraft that have the 

characteristics and that operate within the limitations listed herein. These limitations provide for 

at least an equivalent or higher level of safety to operations under the current regulatory 

structure. 

The limitations and conditions to which CEC agrees to be bound when conducting 

commercial operations under an FAA issued exemption include: 

1. The sUAS will not be flown at night and will be operated under visual meteorological 

conditions (“VMC”) or where visibility is at least 3 statute miles from PIC. The use of 

first person view (“FPV”) by the PIC or visual observer (“VO”) is not permitted.

2. Flights will be operated at an altitude of no more than 400 feet AGL, with the majority of 

flights anticipated to be operated at no more than 270 feet AGL.

3. The sUAS will not be flown at an airspeed exceeding 30 knots.

4. The sUAS will weigh less than 6 lbs. 

5. 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 sUAS with 30% battery power remaining. 

6. The sUAS must be operated within 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.

7. All operations must utilize a VO. The VO may be used to satisfy the VLOS requirement 

as long as the PIC always maintains VLOS capability. The VO and PIC must be able to 

communicate verbally at all times. Electronic messaging or texting is not permitted 

during flight operations. The PIC must be designated before the flight and cannot transfer 

his or her designation for the duration of the flight. The PIC must ensure that the VO can 

perform the functions prescribed in the operating documents.

8. The operating documents and the grant of exemption will be accessible during sUAS 

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 
15

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 the 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.

9. A briefing will be conducted in regard to the planned sUAS operations prior to each day’s 

activities. It will be mandatory that all personnel who will be performing duties in 

connection with the operations be present for this briefing.

10. The operator will file any necessary paperwork in light of the exemptions with the 

appropriate Flight Standards District Office (“FSDO”).

11. Prior to each flight the PIC must inspect the sUAS to ensure it is in a condition for safe

flight. If the inspection reveals a condition that affects the safe operation of the sUAS, the 

aircraft is prohibited from operating until the necessary maintenance has been performed 

and the sUAS 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.

12. Any sUAS that has undergone maintenance or alterations that affect the sUAS 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.

13. 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.

14. The operator must follow the sUAS manufacturer’s aircraft/component, maintenance, 

overhaul, replacement, inspection, and life limit requirements. 

15. 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 sUAS to service.

16. Each sUAS operated under this exemption must comply with all Manufacturer Safety 

Bulletins.

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

taken against discrepancies discovered between inspections.

18. The sUAS will have redundancies and an independent flight termination system (FTS) 

that can be activated manually by the PIC to ensure the overall safety and predictability 
16

of the sUAS.

19. In the event of a loss of communications or signal, the sUAS is programmed to return to 

its home base.

20. The sUAS will have the capability to abort a flight in case of unexpected obstacles or 

emergencies. 

21. If the sUAS and its controller disconnects during flight, the system’s failsafe protection 

will come to the rescue and the sUAS will return to home and land automatically, rather 

than flying off uncontrollably or landing at an unknown location. 

22. If the sUAS crosses a geo-fence guarding the 500ft perimeter from the public, it will 

return to home and land automatically.

23. The sUAS will only be flown (i) in rural areas, away from any urban or congested 

locations, (ii) on secured private property with restricted public access, (iii) in areas 

located more than 5 miles away from any airport, (iv) in Class G Airspace, and (v) in 

such locations where the property owner has approved the contemplated sUAS 

operations.

24. The PIC, VO, and any additional crew members will comply with any additional safety 

regulations and protocols as may be required by each project site. 

25. CEC will communicate information about specific operations with Air Traffic Control 

(ATC) nearest to the project site.

26. CEC will submit a precise description of proposed sUAS operations (Plan of Activities) 

to the local Flight Services District Office (FSDO) within 3 days prior to the sUAS

operations. 

27. CEC will obtain an Air Traffic Organization (ATO) Certificate of Authorization or Waiver 

(COA) prior to any operations under the grant of exemption. This COA will also require 

the operator to request a Notice to Airmen (NOTAM) not more than 72 hours in advance, 

but not less than 48 hours prior to the operation.

28. 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 (NNumber) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must be as 

large as practicable.

29. Before conducting operations, the radio frequency spectrum used for operation and 

control of the sUAS must comply with the Federal Communications Commission (FCC) 

or other appropriate government oversight agency requirements.

30. The documents required under 14 C.F.R. 91.9 and 91.203 must be available to the PIC at 

the Ground Control Station of the sUAS any time the sUAS is operating. These 

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

upon request.

31. The sUAS must remain clear and yield the right of way to all manned aviation operations 

and activities at all times. 

32. Written and/or oral permission from the relevant property holders will be obtained. 
17

33. All required permissions and permits will be obtained from territorial, state, county or 

city jurisdictions, including local law enforcement, fire, or other appropriate 

governmental agencies. 

34. 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.

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012—size, 

weight, speed, operating capabilities, proximity to airports and populated areas, and operation 

within visual line of sight and national security—provide more than adequate justification for the 

grant of the requested exemption allowing commercial operation of the sUAS to support the civil 

engineering industry pursuant to the rules of operation described herein. 

Additional information concerning the sUAS operational procedures, which include the 

sign-in sheet, preflight procedures, maintenance and operations manual, and operating checklist, 

are attached to this Petition as Exhibit B (CONFIDENTIAL Supplement), which CEC requests 

not to be made public.

VII. Privacy 

There is little risk that the proposed use of the Phantom 2 Vision sUAS will result in any 

privacy violations because all flights will occur over private or controlled access property with 

the property owner’s prior consent and knowledge. In addition, similar to the manned aerial 

acquisition flight operations that have been conducted for decades, CEC’s proposed operation of 

the Phantom 2 Vision sUAS will not implicate any privacy issues. Specifically, the Phantom 2 

Vision sUAS will only be operated pursuant to the specific conditions and limitations set forth 

herein, and in accordance with the Federal Aviation Regulations, including the minimum altitude 

requirements of 14 C.F.R. § 91.119. Most significantly, the Phantom 2 Vision sUAS will not be 

operated closer than 500 feet to any person, vessel, vehicle, or structure, which is not directly 

involved in the operation.

VIII. Public Interest and Safety 

The civil engineering industry routinely utilizes workers on the ground to monitor, take 

photos, and conduct surveys of project sites. Project sites in the oil and gas, mining, excavation, 

and construction industries are known to be unsafe. Hazards at these sites include (1) exposure to 

dangerous chemicals, (2) unsafe ground conditions due to uneven terrain, debris, construction

materials, and heavy equipment that lead to on-site injuries, and (3) extreme temperatures which 

can lead to related illness and injury. 

Use of the Phantom 2 Vision sUAS will increase ground safety by reducing ground 

surveying and the hazards associated therewith. By flying the sUAS over the project sites, rather 

than putting workers on the ground, the hazards stemming from these conditions will be 

removed. 

The use of the sUAS for these purposes will achieve significant economic efficiencies as 

well. By operating a sUAS, CEC can reduce the time required for aerial acquisition and 

therefore, provide greater job stability to employees, reduce costs to our clients, all of which will 

ultimately contribute to growth of the U.S. economy. Improved financial performance through 
18

the commercial use of sUAS will help provide 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. Finally, inspections and monitoring 

of project sites by the sUAS will help project site owners identify dangerous conditions, and may 

prevent serious injury to employees and other on-site and near-site personnel.

For all these reasons, the sUAS operations contemplated by CEC achieve a level of safety 

equal to or greater than that which would be achieved by flying a much larger manned aircraft 

carrying crew and flammable fuel for the same purposes. 

IX. Exemptions Requested under Section 333

CEC requests that an exemption be granted from the following regulations:

A. 14 CFR Part 21

B. 14 CFR 43.7

C. 14 CFR 43.11

D. 14 CFR 45.11

E. 14 CFR 45.21

F. 14 CFR 45.23(b)

G. 14 CFR 45.27

H. 14 CFR 45.29

I. 14 CFR 61.113(a) & (b)

J. 14 CFR 67

K. 14 CFR 91.7(a)

L. 14 CFR 91.9(b)(2)

M. 14 CFR 91.9(c)

N. 14 CFR 91.103(b)

O. 14 CFR 91.109

P. 14 CFR 91.119

Q. 14 CFR 91.121

R. 14 CFR 91.151(a)

S. 14 CFR 91.203(a) & (b)

T. 14 CFR 91.405(a), 91.407(a)(1), 91.409(a)(2), and 91.417(a) & (b)

The regulations and the basis for an exemption are set forth as follows.

A. 14 CFR Part 21 Certification Procedures for Products and Parts—prescribes the 

procedural requirements for issuing and changing design approvals, production 

approvals, airworthiness certificates, and airworthiness approvals.

CEC requests an exemption from 14 CFR Part 21 to the extent applicable. This 

exemption meets the requirement for an equivalent level of safety pursuant to Section 333 based 

on the small size, light weight, relatively slow speed, safety and fail-safe system specifications of 

the Phantom 2 Vision sUAS, and its use in controlled rural environments on private land with 

restricted public access, as described previously in this Petition. Moreover, the Phantom 2 Vision 

sUAS carries no fuel and is therefore not at risk of fuel spillage and fire in the event of an 

accident.
19

If the exemption is granted, and an airworthiness certificate is not required, noise 

certification and testing also will not be required. See FAA, Public Guidance for Petitions for 

Exemption Filed Under Section 333 (September 25, 2014), at 4. In any event, the Phantom 2 

Vision sUAS is a small, battery powered system designed to emit very little noise.

Notwithstanding the foregoing, the FAA has previously determined that relief under Part 

21 is not necessary for petitioners who have presented facts substantially similar to those 

presented by CEC. (See Exemption Nos. 11109, 11114, 11062, 11136, 11138, referenced in 

Section I, above).

B. 14 CFR 43.7 Persons authorized to approve aircraft, airframes, aircraft engines, 

propellers, appliances, or component parts for return to service after 

maintenance, preventive maintenance, rebuilding, or alteration—provides that 

the holder of a mechanic certificate or a repair station certificate may approve an 

aircraft, airframe, aircraft engine, propeller, appliance, or component part for return to 

service.

CEC requests an exemption from 14 CFR 43.7. The Phantom 2 Vision sUAS is 

comprised of parts and components that are no different from a model aircraft, and the 

contemplated operators of the Phantom 2 Vision sUAS, who will maintain and when necessary 

repair the sUAS, have engineering degrees. The operators will conduct inspections and 

maintenance based on maintenance guidelines, attached for reference as Exhibit B. The 

capabilities of these operators to maintain and repair the Phantom 2 Vision sUAS will meet the 

requirements for an equivalent level of safety pursuant to Section 333 for the type of sUAS, its 

intended use, and the intended operating environment and locations. 

C. 14 CFR 43.11 Content, form, and disposition of records for inspections 

conducted under parts 91 and 125—provides, in pertinent part, that maintenance 

record entries be maintained and a record for the listing of discrepancies and placards 

by inspectors be maintained.

CEC requests an exemption from 14 CFR 43.11. The Phantom 2 Vision sUAS central 

frame is less than six (6) inches high. There is no room on the sUAS to store or display placards 

or records. Additionally, no inspections for the Phantom 2 Vision sUAS have been conducted or 

certified by FAA at the present time. However, as a condition to the approval of exemption, CEC 

will keep log books of all maintenance and repairs, and such log books will be available at each 

project site during the sUAS operations. 

D. 14 CFR 45.11 Marking of Products—prescribes, in pertinent part, that the 

manufacturers of aircraft, engines and propellers mark such aircraft, engines, or 

propellers with an approved fireproof identification plate.

CEC requests an exemption from 14 CFR 45.11. The Phantom 2 Vision sUAS, due to its 

small size, does not have room for fireproof identification plates to be placed in it. Any required 

fireproof identification plates could become hazardous due to the additional weight and strain 

placed on the sUAS.

E. 14 CFR 45.21 General—prescribes, in pertinent part, that no person may operate a 

U.S.-registered aircraft unless that aircraft displays nationality and registration marks 
20

in accordance with the requirements of this section and §§45.23 through 45.33.

CEC requests an exemption from 14 CFR 45.21. To date, no requirements or procedures 

for obtaining a registration mark for a sUAS have been established by the FAA. However, as a 

condition to the approval of exemption, CEC is willing to be assigned a registration number and 

to display it to the extent practicable.

F. 14 CFR 45.23(b) Display of Marks; general—prescribes, in pertinent part, that 

when marks include only the Roman capital letter “N” and the registration number is 

displayed on limited, restricted, or 2 light-sport category aircraft or experimental or 

provisionally certificated aircraft, the operator must also display on that aircraft near 

each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches 

nor more than 6 inches high, the words “limited,” “restricted,” “light-sport,” 

“experimental,” or “provisional,” as applicable.

CEC requests an exemption from 14 CFR 45.23(b), to the extent applicable. The 

Phantom 2 Vision sUAS center airframe is less than 6” in height. Due to its small size, the 

Phantom 2 Vision sUAS does not have room to display aircraft marks in a conventional size. 

However, as a condition to the approval of exemption, CEC is willing to affix an aircraft mark to 

one or more of the “arms” of the Phantom 2 Vision sUAS mainframe. The size of the marking 

will be determined by the size of the “arm” being used and may be less than 1 inch in size. 

The word “Experimental” will be placed on the center frame of the Phantom 2 Vision 

sUAS in compliance with §45.29(f). However, a partial exemption from this display regulation is 

requested as the sUAS will have no entrance to the cabin, cockpit or pilot station on which the 

word “Experimental” can be placed. Given the size of the sUAS, two-inch lettering will be 

impossible. 

The equivalent level of safety will be provided by having the Phantom 2 Vision sUAS

marked on its center frame as required by §45.29 (f), where the PIC, observer and others 

working with the sUAS will see the identification of the sUAS as “Experimental.” The requested 

exemption is consistent with previous exemptions issued by the FAA—the FAA has previously 

determined that relief under 14 CFR 45.23(b) is not necessary for petitioners who have facts 

substantially similar to those presented by CEC. (See Exemption Nos. 11109, 11114, 11062, 

11136, 11138, referenced in Section I, above).

G. 14 C.F.R. 45.27 Location of Marks; nonfixed-wing aircraft—prescribes, in 

pertinent part, that each operator of a rotorcraft must display on that rotorcraft 

horizontally on both surfaces of the cabin, fuselage, boom, or tail the marks required 

by §45.23.

CEC requests an exemption from 14 C.F.R. 45.27. The Phantom 2 Vision sUAS does not 

have a cabin, fuselage, boom or tail to display the marks as required by §45.23. CEC will ensure 

that marks are placed, to the extent practicable, on one of the “arms” of the main frame of the 

sUAS.

H. 14 C.F.R. 45.29: Size of Marks—prescribes, in pertinent part, that the registration 

marks for rotorcraft must be at least 12 inches high.
21

CEC requests an exemption from 14 CFR 45.29. The Phantom 2 Vision sUAS, due to its 

small size, does not have any surface area large enough to display marks that are 12 inches high. 

As a condition to the approval of exemption, however, CEC is willing to affix an aircraft mark to 

one or more of the “arms” of the main frame of the sUAS. The size of the marking will be 

determined by the size of the “arm” being used and may be less than 1 inch in size. 

I. 14 CFR 61.113(a) and (b) Private pilot privileges and limitations: Pilot in 

command—prescribe that (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 the 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.

CEC requests an exemption from 14 C.F.R. 61.113. Under § 61.113 (a) and (b) private 

pilots are limited to noncommercial operations. However, the CEC PIC can achieve an 

equivalent level of safety as achieved by current regulations because the Phantom 2 Vision sUAS 

does not carry any pilots or passengers. Furthermore, a pilot license does not ensure adequate 

remote control piloting skills; only RC operating experience can establish such skills.

For conducting safe sUAS operations, it is more important that the PIC of the sUAS be 

experienced, particularly with the sUAS at issue, than for the PIC to have a pilot’s license. The 

PICs operating under this exemption will be experienced. The CEC PIC has flown numerous 

practice flights in remote areas as a hobbyist simulating flights for future commercial use to gain 

familiarization with the characteristics of the sUAS performance under different temperature and 

weather conditions. The CEC PIC also practices computerized simulated flights to maintain 

adequate skills and response reflex time. Finally, the CEC PIC has two (2) years of recreational 

sUAS flight experience and a deep knowledge of sUAS systems, and, therefore, meets or 

exceeds the present level of safety envisioned under this Section.

Model aircraft, RC planes, and even certain unmanned military systems are routinely 

flown, successfully and safely, by hobbyists or personnel who do not have a private or 

commercial license. Research into this area has shown that the skill set needed to successfully 

and safely operate the UAS is very different from the set of skills needed by a pilot of manned 

aircraft. In fact, research has shown that a manned aircraft pilot is not equipped, merely by virtue 

of his obtaining pilot certification, to fly or operate a remote-controlled unmanned aircraft safely. 

In fact, in some cases a manned aircraft pilot’s training may be counterproductive when 

operating unmanned aircraft.1

 

1

Examples of this research can be found in (1) Michael J. Barnes, Beverly G. Knapp, Barry W. Tillman, 

Brett A. Walters & Darlene Veliki, Crew Systems Analysis of Unmanned Aerial Vehicle (UAV) Future Job 

and Tasking Environments, Technical Report ARL- TR-2081, Aberdeen Proving Ground, MD: Army 

Research Laboratory, page 12 (2000); (2) Kevin W. Williams, Unmanned Aircraft Pilot Medical 

Certification Requirements, Report DOT/FAA/AM-07/3, FAA Civil Aerospace Medical Institute, page 2, 

(2007), available at http://fas.org/irp/program/collect/ua-pilot.pdf; and (3) Jason S. McCarley & 

Christopher D. Wickens, Human Factors Implications of UAVs in the National Airspace, Institute of 
22

CEC recognizes that the FAA, in addressing other Section 333 exemption requests, has 

made it clear that it does not have the requisite authority to exempt a petitioner from the statutory 

requirement to hold an airman certificate under 49 USC § 44711, and has found that a pilot 

certificate would ensure that a PIC passes the security screening of the Department of Homeland 

Security. In April 2015, however, the FAA relaxed its position and changed the Section 333 

exemption request process to allow PICs with sport or recreational pilot licenses to conduct 

sUAS operations such as those contemplated by CEC. The FAA also eliminated the need for a 

PIC to hold a third class medical certificate.

If the FAA is unwilling to grant CEC’s request for a full exemption from 14 C.F.R. 

61.113, CEC asks that the FAA grant it the same relief that it has granted to other petitioners who 

presented substantially similar facts to those of CEC. See Exemption Nos. 11109, 11114, 11062, 

11136, 11138, referenced in Section I, above, and the FAA’s recently publicized changes to the 

Section 333 Exemption request process. For example, in the Trudeau Exemption, the FAA 

required the PIC to obtain at minimum, a private pilot license and outlined a training program to 

substantiate the PICs experience. CEC has already adopted the same training program. If 

necessary, CEC will require that its PIC obtains a commercial or sport pilot license. In fact, the 

CEC PIC is already in the process of obtaining such a license.

J. 14 CFR Part 67 Medical Standards and Certification—gives the FAA the 

authority to issue the necessary medical standards and certifications for pilots. FAA 

Notice 8900.227, paragraph 16.c.(4) PIC Medical, states, in pertinent part, that the 

PIC must maintain, at a minimum, a valid FAA second-class medical certificate 

issued under 14 CFR Part 67, Medical Standards and Certification, or the FAArecognized equivalent. Paragraph 16.e.(1) of the same Notice requires, in pertinent 

part, that all observers must have a valid FAA second-class medical certificate issued 

under part 67; an FAA-recognized equivalent is an acceptable means of 

demonstrating compliance with this requirement. The FAA notes that the notice 

referenced above is now incorporated into FAA Order 8900.1, vol. 16, ch. 4., sec. 1.

CEC requests an exemption from FAA Notice 8900.227, paragraph 16.c.(4) and 16.e.(1) 

which requires that a PIC require a valid FAA second-class medical certificate under 14 CFR 67. 

CEC’s currently contemplated PIC does not currently hold a valid FAA medical certificate. CEC

respectfully submits that a second-class medical certificate is unwarranted in this instance 

because (i) the sUAS is no different a model aircraft, weighs less than 6 lbs. including payload, 

and will not carry any pilot or passengers, (ii) the area of operation is controlled and restricted,

and (iii) all flights will be planned and coordinated in advance with an auto-pilot feature and failsafe programs to account for user error. There is little chance that the medical condition of the 

PIC will affect the Phantom 2 Vision sUAS operations in any unsafe or damaging way. 

 

Aviation, Aviation Human Factors Division, University of Illinois at Urbana-Champaign, 13 (2004), 

available at http://www.tc.faa.gov/logistics/grants/pdf/2004/04-G-032.pdf, citing Barnes, supra.
23

In light of the FAA’s recent decision to allow PICs to operate sUAS with only a driver’s 

license and without a third class medical certificate, CEC asks that the FAA grant it the same 

relief from FAA Notice 8900.227, paragraph 16.c.(4) and 16.e.(1), that it has granted to other 

petitioners who presented substantially similar facts to that of CEC. 

K. 14 CFR 91.7(a) Civil aircraft airworthiness—prescribes that no person may 

operate a civil aircraft unless it is in an airworthy condition.

CEC requests an exemption from 14 CFR 91.7(a). Currently there is no standard for 

determining the airworthiness of an sUAS, and no airworthiness certificate can be issued for the 

Phantom 2 Vision sUAS should this exemption be granted. 

An equivalent level of safety is met, given the size, weight, and performance 

specifications of the Phantom 2 Vision sUAS, as well as the requirements contained in the flight 

operations described above, including the maintenance procedures and use of safety check lists 

prior to each flight that have been submitted as Exhibit B. 

L. 14 CFR. 91.9(b)(2) Civil aircraft flight manual, marking, and placard 

requirements—prescribes, in pertinent part, that no person may operate U.S.-

registered civil aircraft unless there is available in the aircraft a current approved 

Airplane or Rotorcraft Flight Manual, approved manual material, markings, and 

placards, or any combination thereof. Approvals are granted under 14 CFR 91.203 (a) 

and (b).

CEC requests an exemption from 14 CFR 91.9(b)(2). First, there is currently no approval 

process for Airplane or Rotorcraft Flight Manuals. Second, the FAA has previously determined 

that relief from this section is not required, provided that relevant materials are kept in a location 

accessible to the PIC in compliance with the regulations. See the Trudeau Exemption at pg. 17. 

CEC has provided a flight operations manual and relevant materials for use during the sUAS

operations, which it requires to be readily accessible to the PIC and VO during all sUAS

operations.

M. 14 C.F.R. 91.9(c) Civil aircraft flight manual, marking, and placard 

requirements—prescribes that “(c) No person may operate a U.S.-registered civil 

aircraft unless that aircraft is identified in accordance with part 45 of this chapter.”

CEC requests an exemption from 14 CFR 91.9(c). As previously stated, there is no 

current registration process for sUAS; and the Phantom 2 Vision sUAS, due to its small size, 

does not have room to contain fireproof placard or to display aircraft marks in a conventional 

size. However, as a condition to the approval of petition, CEC is willing to affix an aircraft mark 

to one or more of the “arms” of the sUAS. The size of the marking will be determined by the size 

of the “arm” being used and may be less than 1 inch in size. 

N. 14 CFR 91.103(b)(2) Preflight action—prescribes that each PIC shall, before 

beginning a flight, become familiar with all available information concerning that 

flight. This information must include... (b) For any flight, runway lengths at airports 

of intended use, and the following takeoff and landing distance information: (1) For 

civil aircraft for which an approved Airplane or Rotorcraft Flight Manual containing 

takeoff and landing distance data is required, the takeoff and landing distance data 

contained therein; and (2) For civil aircraft other than those specified in paragraph 
24

(b)(1) of this section, other reliable information appropriate to the aircraft, relating to

aircraft performance under expected values of airport elevation and runway slope, 

aircraft gross weight, and wind and temperature.

CEC requests an exemption from 14 CFR 91.103(b)(2). Currently, there is no approval 

process for Airplane or Rotorcraft Flight Manuals. However, the CEC PIC will, prior to 

conducting any sUAS operations, become familiar with all available information concerning that 

flight. Such actions, described at length in this Petition, will include reviewing weather 

conditions and visibility, flight battery life, landing and takeoff distances, and all other aircraft 

performance data prior to any sUAS operations. The flights of the Phantom 2 Vision sUAS will

only be conducted at APS, with the PIC and VO having extensive knowledge of the operating 

environment. 

O. 14 CFR 91.109 Flight instruction; Simulated instrument flight and certain flight 

tests—prescribes, in pertinent part, that no person may operate a civil aircraft (except 

a manned free balloon) that is being used for flight instruction unless that aircraft has 

fully functioning dual controls.

CEC requests an exemption from 14 CFR 91.109. Remotely piloted aircraft, including 

the Phantom 2 Vision sUAS, are designed and constructed without dual controls. Flight control 

will be accomplished through the use of a control box that communicates with the aircraft via 

radio communications. The equivalent level of safety is provided by the limited size and speed of 

the aircraft and by the fact that neither a pilot nor passengers will be carried in the aircraft. 

Moreover, the Phantom 2 Vision sUAS has a control system with a mix mode feature that allows 

for intermittent manual override of the autopilot control to achieve maximum safety and 

controlled operation of the Phantom 2 Vision sUAS. 

P. 14 CFR 91.119 Minimum safe altitudes: General—prescribes that, except when 

necessary for takeoff or landing, no person may operate an aircraft below the 

following altitudes: (a) Anywhere. An altitude allowing, if a power unit fails, an 

emergency landing without undue hazard to persons or property on the surface. (b) 

Over congested areas. Over any congested area of a city, town, or settlement, or over 

any open-air assembly of persons, an altitude of 1,000 feet above the highest obstacle 

within a horizontal radius of 2,000 feet of the aircraft. (c) Over other than congested 

areas. An altitude of 500 feet above the surface, except over open water or sparsely 

populated areas. In those cases, the aircraft may not be operated closer than 500 feet 

to any person, vessel, vehicle, or structure. (d) Helicopters, powered parachutes, and 

weight-shift-control aircraft. If the operation is conducted without hazard to persons 

or property on the surface ... (1) A helicopter may be operated at less than the 

minimums prescribed in paragraph (b) or paragraph (c) of this section, provided each 

person operating the helicopter complies with any routes or altitudes specifically 

prescribed for helicopters by the FAA; and (2) A powered parachute or weight-shiftcontrol aircraft may be operated at less than the minimums prescribed in paragraph 

(c) of this section.

CEC requests an exemption from 14 CFR 91.119. CEC will not operate the Phantom 2 

Vision sUAS at an altitude higher than 400 feet AGL. Furthermore, while CEC will not be 

operating over any congested areas, the sUAS will necessarily be flown within 500 feet of the 
25

structures it will be examining. 

The requirements set out in this petition for the sUAS operations contemplated by CEC

provide for an equal or greater level of safety than that which would be provided by the 

operation of manned aircraft maintaining a distance of at least “500 feet to any person, vessel, 

vehicle, or structure,” in light of the small size and relatively light weight of the sUAS, the close 

monitoring of the flight by both the pilot in command and the secondary ground crew member, 

the remote and secured nature of the operating environment, and the other detailed operating 

limitations described in this Petition. 

Q. 14 CFR 91.121 Altimeter settings—prescribes, in pertinent part, each person 

operating an aircraft to maintain cruising altitude by reference to an altimeter that is 

set “to the elevation of the departure airport or an appropriate altimeter setting 

available before departure.”

CEC requests an exemption from 14 CFR 91.121. CEC will not operate the Phantom 2 

Vision sUAS above 400 feet AGL, nor will it operate the Phantom 2 Vision sUAS at a sustained 

cruising altitude like a manned aircraft. The laptop used in the ground station has live feedback 

information about the sUAS operation, including but not limited to, the altitude of the sUAS, its 

forward velocity, and the compass heading. The PIC will be able to observe and control the 

maximum altitude of the sUAS at all times. Additionally, the sUAS will be operated within the 

line of sight. For all these reasons, an equivalent level of safety to that contemplated by Section 

91.121 will be provided. 

R. 14 CFR 91.151(a) Fuel requirements for flight in VFR conditions—prescribes that 

no person may begin a flight in an airplane under visual flight rules (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 ... (1) 

During the day, to fly after that for at least 30 minutes; or (2) At night, to fly after that 

for at least 45 minutes.

CEC requests an exemption from 14 CFR Part 91.151(a). The Phantom 2 Vision sUAS

will be operated in a manner that is at least as safe as the operation of a manned aircraft 

complying with Part 91.151(a) because the sUAS will only be flown in daylight, and the short 

distances over which the sUAS will be operated (substantially less than one mile) will allow the 

sUAS to be flown to a safe landing point within the area of operation in a short period of time. 

During the entire pre-programmed flight, the PIC will always have a visual line of sight 

and be prepared to take over. The PIC’s Ground Station has a flight count down timer which is 

set to a minimum of 30% battery reserve; more than enough to safely fly the sUAS back to the 

roped off “home” area. 

Given the limited size and speed of the sUAS, its ability to land safely almost anywhere, 

the fact that it will be under the PIC and VO’s visual observation at all times, and will be 

operated in a tightly controlled area, where all people other than the PIC and VO will be 

removed before flight, permitting its operation with less than 30 minutes of reserve fuel does not 

engender the type of risks that Section 91.151(a) was intended to alleviate. 

S. 14 CFR 91.203(a) and (b) Civil aircraft: Certifications required—. Section 

91.203(a) prescribes, in pertinent part, that no person may operate a civil aircraft 
26

unless it has within it—(1) An appropriate and current airworthiness certificate; and 

(2) An effective U.S. registration certificate issued to its owner or, for operation 

within the United States, the second copy of the Aircraft Registration Application as 

provided for in § 47.31(c). Section 91.203(b) prescribes, in pertinent part, that no 

person may operate a civil aircraft unless the airworthiness certificate or a special 

flight authorization issued under § 91.715 is displayed at the cabin or cockpit entrance 

so that it is legible to passengers or crew.

CEC requests an exemption from 14 CFR 91.203(a) and (b). First, there currently are no 

procedures set forth by the FAA for providing airworthiness certificates for sUAS. As a condition 

to the approval of exemption, however, CEC will display on the sUAS a registration certificate 

or equivalent that is issued by FAA pursuant to this petition at the ground point control, where 

the operator will have immediate access to it. 

Second, the sUAS that CEC will use weighs less than 6 pounds, and has an equivalent, if 

not greater, level of safety as manned aircraft with an airworthiness certificate. The flight 

controller and Ground Station software provides a number of safety features in addition to acting 

as the command and sUAS controller.. Because of the use of GPS with the sUAS, the operator 

will set the initial location of flight takeoff (“Home Position”) and if the radio control link is 

broken, the flight controller will recognize this broken control link and cause the sUAS to 

automatically return to the Home Position as recorded by the GPS instrumentation. Additionally, 

because the sUAS team will mark off an area with traffic cones having a 20-ft. radius, 

approximately 30 ft. from the operators as the “Home Position” for the sUAS to return, no one 

will be standing in its path. See Exhibits A and B. 

In the restricted environment and under the conditions proposed, operation of the sUAS 

will be at least as safe as a conventional aircraft (fixed wing or rotorcraft) operating with an 

airworthiness certificate, but without the restrictions and conditions proposed by CEC. CEC will 

not accept assignments from clients who are within 5 miles of controlled airspace without first 

gaining written and/or oral permission from air traffic control (ATC). 

The Phantom 2 Vision sUAS to be operated hereunder is less than 6 pounds inclusive of 

batteries and technical payload, carries neither a pilot nor passengers, and carries no explosive 

materials or flammable liquid fuels. The Phantom 2 Vision sUAS will be tightly controlled and 

monitored by the PIC and VO, and under the requirements and in compliance with local public 

safety requirements, to provide security for the area of operation. The FAA will have advance 

notice of all operations. These safety enhancements provide a greater degree of safety to the 

public and property owners than conventional operations conducted with airworthiness 

certificates. Lastly, application of these same criteria demonstrates that there is no credible threat 

to national security posed by the Phantom 2 Vision sUAS, due to its size, speed of operation, 

location of operation, lack of explosive materials or flammable liquid fuels, and inability to carry 

a substantial payload. 

T. 14 CFR 91.405(a) Maintenance Required, 91.407(a)(1) Operation after 

maintenance, preventive maintenance, rebuilding, or alteration, 91.409(a)(2)

Inspections, 91.-417(a) and (b) Maintenance Records—Section 91.405(a) 

prescribes, in pertinent part, that each aircraft operator or owner 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 
27

repaired as prescribed in part 43, Maintenance, Preventive, Maintenance, Rebuilding, 

and Alteration. Section 91.407(a)(1) prescribes that no person may operate any 

aircraft that has undergone maintenance, preventive maintenance, rebuilding, or 

alteration unless it has been approved for return to service by a person authorized 

under § 43.7 of this chapter. Section 91.409(a)(2) prescribes, in pertinent part, that no 

person may operate an aircraft unless, within the preceding 12 calendar months, it has 

had an inspection for the issuance of an airworthiness certificate in accordance with 

part 21. Section 91.417(a) and (b) prescribe, in pertinent part, that ... (a) 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; (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 that 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) 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 shall be retained 

until the defects are repaired and the aircraft is approved for return to service.

CEC requests an exemption from 14 CFR 91.405(a), 91.407(a)(1), 91.409(a)(2), 91.-

417(a) and (b). CEC respectfully submits that it has demonstrated in its Petition that the 

capability of the PIC and sUAS operators to maintain and repair the Phantom 2 Vision sUAS

meets Section 333’s requirement for an equivalent level of safety. The PIC will perform routine 

maintenance and inspection of the Phantom 2 Vision sUAS and be authorized to approve the 

Phantom 2 Vision sUAS for return to service. Additionally, the PIC will ensure that the Phantom 

2 Vision sUAS is in an airworthy condition prior to any flight, and will conduct detailed 

inspections pursuant to the maintenance manuals. Detailed inspection records will be kept at all 

times by CEC. Given the size, construction, and simplicity of the Phantom 2 Vision sUAS, an 

equivalent level of safety is provided. 
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X. Certificate of Authorization or Waiver

This exemption request is a prerequisite to CEC’s application for a commercial 

Certificate of Authorization or Waiver (COA) to use the Phantom 2 Vision sUAS for the purpose 

of aerial acquisition and monitoring of secure project sites in support of the civil engineering 

industry, including without limitation construction, excavation, transportation infrastructure, 

mining, and oil and gas sites. 

XI. Conclusion

CEC respectfully submits that it has demonstrated that (i) the Phantom 2 Vision sUAS is 

both safe, reliable and will satisfy the FAA’s airworthiness assessment, (ii) the Pilot in Command 

(PIC) and visual observer (VO) have the requisite knowledge and experience to ensure the safe 

operation of the Phantom 2 Vision sUAS, (iii) CEC has provided and will comply with the

operation procedures and parameters that further ensure safe sUAS operations in the national 

airspace, removing any legitimate threat of harm to humans and property, including other 

manned aircraft, and (iv) CEC’s proposed operations, which include without limitation, the use 

of the Phantom 2 Vision sUAS to conduct aerial acquisitions, monitoring and surveying of secure 

project sites for the benefit of the civil engineering industry, achieve a level of safety equal to or 

greater than that which would be achieved by flying a larger manned aircraft carrying crew and 

flammable fuel for the same purposes. In addition, permitting use of the Phantom 2 Vision sUAS

will achieve various economic and environmental benefits, as well as significant efficiencies, 

associated with cost, labor and safety, that serve the public interest.

CEC asks that the FAA grant its request for exemption from the above described FARs 

under Section 333, and approve its operation of the Phantom 2 Vision sUAS in the national 

airspace in accordance with the limitations and restrictions set forth herein.