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UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERALAVIATION ADMINISTRATION 

WASHINGTON, DC

Regulatory Docket No. 

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

NICK PALMIERI OF HAMILTON STUDIO

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF 

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS

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

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

OPERATION OF DJI PHANTOM 2

PROFESSIONAL UNMANNED AIRCRAFT SYSTEMS 

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012 

(PUBLIC LAW 112-95)

Nick Palmieri 

Hamilton Studio

1427 W. Dean Ave.

Spokane, WA 99223

Tel: (509) 327-9501

nick@hamiltonstudio.com
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TABLE OF CONTENTS

Page

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

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

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

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

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

NAME AND ADDRESS OF PETITIONER ........................................................6

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH NICK PALMIERI OF 

HAMILTON STUDIO SEEKS EXEMPTION......................................................7

THE EXTENT OF RELIEF NICK PALMIERI OF HAMILTON STUDIO SEEKS 

AND THE REASON SHE SEEKS THE RELIEF ..............................................10

THE REASONS WHY GRANTING NICK PALMIERI OF HAMILTON 

STUDIOS' REQUEST WOULD BE IN THE PUBLIC INTEREST.................... 12

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT 

ADVERSELY AFFECT SAFETY..............................................................................13

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER.......23 

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS

AVAILABLE TO SUPPORT SONJA NICK PALMIERI OF HAMILTON 

STUDIOS’

REQUEST .......................................................................................................24

CONCLUSION ...........................................................................................................24

APPENDICES... ........................................................................................................ 25
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GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal AviationAdministration

FAR Federal Aviation Regulation

GCS Ground Control Station

GPS Global Positioning System

LOL Loss of Link

NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot In Command

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

SO Safety Observer

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing
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SUMMARY

Nick Palmieri, employee of Hamilton Studio, seeks exemption from the requirements of 14 

C.F.R§§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & 

(a)(2),and 91.417(a) & (b), to operate an Unmanned Aircraft System (DJI Phantom 2) pursuant 

to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will 

permit Nick Palmieri of Hamilton Studio to operate an Unmanned Aircraft System (UAS) for 

commercial purpose of conducting aerial motion picture and photography of businesses, 

residential and commercial real estate, construction sites, civil landscapes and events In 

Washington State.

INTRODUCTION AND INTERESTS OF THE PETITIONER

Hamilton photography & Film Inc is a Washington State Corporation, DBA Hamilton Studio. 

Hamilton Studio has 36 years of professional experience in the motion and still photography

Industry as an award winning videographers and photographers. Nick Palmieri is an employee, 

videographer of Hamilton Studio. Don Hamilton, President and CEO, is a member of ASMP 

(American Society of Media Photographers), The Spokane Advertising Federation and 

Spokane MarCom. Our work includes providing clients and businesses in the private, public 

and non-profit sectors) with motion, and still production and post-production for television 

commercials, corporate and web videos, and independent films. Hamilton Studio has worked 

on thousands of productions over the past 36 years all over the US and in 10 countries with a 

perfect client and employee safety record. Before the advent of the drone, we supplied clients 

with aerial video and photography by hiring the services of helicopters, at some risk to the 

photographer, who worked hanging out the helicopter door.

The objective Hamilton Studio and their Unmanned Aircraft System (DJI Phantom) aerial 

operations is to provide a high-quality production opportunity for capturing visuals that aid in 

story telling and communicating on behalf of clients. Providing this service is imperative in 

remaining unique in a competitive freelance production industry. 

Hamilton Studio, with Nick Palmieri as operator has flown the DJI Phantom safely for 2 years

without a single incident. We take great care, with safety as our main concern, each time it is 

flown.

BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 2 UAS

Nick Palmieri of Hamilton Studio seeks an exemption to operate DJI systems for compensation 

or hire within the NAS. The DJI Phantom 2 is a vertical takeoff and landing (VTOL) Unmanned 

Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone 

systems. The DJI Phantom 2 has a maximum gross weight of approximately 4 pounds, while 

having a length of 19.75 inches, width of 20 inches, height of 7.25 inches, and a maximum 

speed of approximately 28.6 knots. The DJI Phantom 2 is equipped with four main rotors; 

driven by Lithium Polymer battery powered electric motors with a maximum flight time of 

approximately 16 minutes per battery. The DJI Phantom 2 UAS that will be operated by Nick 

Palmieri of Hamilton Studio is registered by the FAA. UAS certificate number FA33YCEM9E

BASIS FOR PETITION
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Petitioner, Nick Palmieri of Hamilton Studio, pursuant to the provisions of the Federal Aviation 

Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), 

Section 333, Special Rules for Certain Unmanned Aircraft Systems, hereby petitions the 

Administrator to commercially operate the DJI Phantom 2 UAS in the National Airspace 

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

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

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

unmanned aircraft and its operation, Nick Palmieri of Hamilton Studio operation of the DJI 

Phantom 2 UAS meets the conditions of FMRA Section 333 and therefore, will not require an 

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

Accordingly, Nick Palmieri of Hamilton Studio requests relief from Sections 91.405(a), 

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth 

requirements for maintenance that only apply to aircraft with an airworthiness certificate.

Nick Palmieri of Hamilton Studio submits that the requested relief is proper since an 

equivalent level of safety will be ensured. Nick Palmieri of Hamilton Studio will use 

experienced personnel or technicians to perform maintenance, alterations, or preventive 

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

operating documents (i.e., Monthly Maintenance Log and DJI Phantom 2 Instruction Manual). 

Furthermore, Nick Palmieri of Hamilton Studio will document and maintain all maintenance 

records for the DJI Phantom 2 UAS.

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

and limitations: Pilot in command, is requested by Nick Palmieri of Hamilton Studio to the 

extent necessary to allow a Pilot in Command (PIC) holding a private pilot or higher level 

certificate, as well as an airwoman medical certificate, and who has demonstrated, by meeting 

minimum flight hour and currency requirements, that the PIC is able to safely operate the DJI 

Phantom 2 UAS in a manner consistent with this exemption, including evasive and emergency
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maneuvers and maintaining appropriate distances from people, vessels, vehicles and 

structures.

Nick Palmieri of Hamilton Studio seeks relief from Section 91.7(a), entitled Civil aircraft 

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

in accordance with 14 C.F.R. Part 21, Subpart H. As such, Nick Palmieri of Hamilton Studio

submits that he will ensure that the DJI Phantom 2 UAS is in an airworthy condition, prior to 

every flight, by determining that the UAS is in compliance with the operating documents (i.e., 

Monthly Maintenance Log and DJI Phantom 2 Instruction Manual), and that the aircraft is in 

a condition for safe flight.

Nick Palmieri of Hamilton Studio also seeks an exemption from the requirements of Section 

91.121, entitled Altimeter Settings, as the DJI Phantom 2 UAS will not have a typical 

barometric altimeter onboard. However, altitude information of the DJI Phantom 2 UA will be 

provided to the PIC via Global Positioning System (GPS) equipment and radio 

communications telemetry data link, which downlinks from the UA to the GCS for active 

monitoring of the flight path. This altitude information, combined with Nick Palmieri of Hamilton 

Studio operation of the DJI Phantom 2 UAS within visual line of sight, at or below 400 feet 

AGL, will ensure a level of safety equivalent to Section 91.121.

Additionally, Nick Palmieri of Hamilton Studio seeks an exemption from the requirements of 

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

Hamilton Studio submits that safety will not be affected by operation of the DJI Phantom 2 UA 

during daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), 

with enough battery power to fly for a total duration of approximately 16 minutes. Battery power 

indicators are also able to show exactly how much battery power is left, as well as how much is 

needed to return safely back to the point of take off.

In accordance with 14 C.F.R. § 11.81, Nick Palmieri of Hamilton Studio provides the following 

information in support of its petition for exemption:

A. Name And Address Of ThePetitioner.

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

Nick Palmieri, Employee of

Hamilton Studio

1427 W. Dean Ave.

Spokane, WA 99201

Tel: (509) 327-9501

Email: nick@hamiltonstudio.com
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B. The Specific Sections Of 14 C.F.R. From Which Nick Palmieri of Hamilton Studio 

Seeks Exemption.

1. Nick Palmieri of Hamilton Studio Seeks Exemption From The Requirements Of 

Section 61.113(a) And (b).

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

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

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

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

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

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

connection with any business or employment if—

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

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

2. Nick Palmieri of Hamilton Studio Seeks Exemption From The Requirements Of 

Section 91.7(a).

Section 91.7, entitled Civil aircraft airworthiness, subsection (a), states the following:

(a) No person may operate a civil aircraft unless it is in an airworthy condition.

3. Nick Palmieri of Hamilton Studio Seeks Exemption From The Requirements Of 

Section 91.121.

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

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

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

operating--

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

(i) The current reported altimeter setting of a station along the route and within 

100 nautical miles of the aircraft;

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

section, the current reported altimeter setting of an appropriate available 

station; or

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

departure airport or an appropriate altimeter setting available before 

departure.
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4. Nick Palmieri of Hamilton Studio Seeks Exemption From The Requirements Of 

Section 91.151(b).

Section 91.151, entitled Fuel requirements for flight in VFR conditions, subsection 

(b), states the following:

(b) No person may begin a flight in a rotorcraft under VFR conditions unless 

(considering wind and forecast weather conditions) there is enough fuel to fly to the 

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

for at least 20 minutes.

5. Nick Palmieri of Hamilton Studio Seeks Exemption From The Requirement Of 

Section 91.405(a).

Section 91.405, entitled Maintenance required, subsection (a), states the following: Each 

owner or operator of an aircraft—

(a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall 

between required inspections, except as provided in paragraph (c) of this section,

have discrepancies repaired as prescribed in part 43 of this chapter[.]

6. Nick Palmieri of Hamilton Studio Seeks Exemption From The Requirements Of 

Section 91.407(a)(1).

Section 91.407, entitled Operation after maintenance, preventive maintenance, 

rebuilding, or alteration, subsection (a)(1), states the following:

(a) No person may operate any aircraft that has undergone maintenance, preventive 

maintenance, rebuilding, or alteration unless--

(1) It has been approved for return to service by a person authorized under §

43.7 of this chapter[.]

7. Nick Palmieri of Hamilton Studio Seeks Exemption From The Requirements Of 

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

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

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

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

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

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

of this chapter; or

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

accordance with part 21 of this chapter.
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8. Nick Palmieri of Hamilton Studio Seeks Exemption From The Requirements Of 

Sections 91.417(a) And 91.417(b).

Section 91.417, entitled Maintenance records, subsections (a) and (b), state the 

following:

(a) Except for work performed in accordance with §§ 91.411 and 91.413, each 

registered owner or operator shall keep the following records for the periods 

specified in paragraph (b) of this section:

(1) Records of the maintenance, preventive maintenance, and alteration 

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

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

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

The records must include--

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

Administrator) of the work performed; and

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

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

the aircraft for return to service.

(2) Records containing the following information:

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

rotor.

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

rotor, and appliance.

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

required to be overhauled on a specified time basis.

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

inspection required by the inspection program under which the aircraft and

its appliances are maintained.

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

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

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

recurring action, the time and date when the next action is required.

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

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

and appliances.

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

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

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

performed.

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

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

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

this chapter shall be retained until the defects are repaired and the aircraft is 

approved for return to service.
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C. The Extent Of Relief Nick Palmieri of Hamilton Studio Seeks And The Reason Nick 

Palmieri of Hamilton Studio Seeks The Relief.

1. Extent Of Relief Nick Palmieri of Hamilton Studio Seeks And The Reason Nick 

Palmieri of Hamilton Studio Seeks Relief From Section 61.113(a) And (b).

Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations:

Pilot in command, is requested to the extent necessary to allow a PIC holding a private pilot or 

higher level certificate, as well as a current and valid airman medical certificate, and who has 

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

operations for compensation or hire.

This relief is requested since the limitations set forth in Section 61.113(a) and (b) state

that a private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any 

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

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

As set forth more fully below, Nick Palmieri of Hamilton Studio submits that an equivalent level 

of safety will be maintained because no PIC will be allowed to operate the DJI Phantom 2 UAS 

unless that PIC has met certain flight-hour and currency requirements, demonstrating that the 

PIC is able to safely operate the DJI Phantom 2 UAS in a manner consistent with the 

operations specifications as described in this exemption, including evasive and emergency 

maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and 

structures.

Further, Nick Palmieri of Hamilton Studio submits that all flights of the DJI Phantom 2 UAS, 

conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to Hamilton 

Studio; and (2) will not carry passengers or property for compensation or hire.

2. Extent Of Relief Nick Palmieri of Hamilton Studio Seeks And The Reason Nick 

Palmieri of Hamilton Studio Seeks Relief From Section 91.7(a).

Relief from Section 91.7(a) entitled Civil aircraft airworthiness, is requested to the extent 

required to allow Nick Palmieri of Hamilton Studio to determine that the DJI Phantom 2 UAS is 

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

operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 2 Instruction Manual).

Nick Palmieri of Hamilton Studio seeks the requested relief because the DJI Phantom 2 UAS 

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

Therefore, Nick Palmieri of Hamilton Studio will ensure that the DJI Phantom 2 UAS is in 

airworthy condition based upon its compliance with the operating documents (i.e., Monthly 

Maintenance Log and DJI Phantom 2 Instruction Manual) prior to every flight, and further, 

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

below.
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3. Extent Of Relief Nick Palmieri of Hamilton Studio Seeks And The Reason Nick 

Palmieri of Hamilton Studio Seeks Relief From Section 91.121.

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

operations of the DJI Phantom 2 UAS, which utilize a barometric pressure sensor, GPS

equipment, and a radio communications telemetry data link to downlink altitude information from 

the UA to the PIC at the ground control station (GCS). Since the FAA requires that any altitude 

information concerning UAS operations be reported to air traffic control (ATC) in feet above 

ground level (AGL), Nick Palmieri of Hamilton Studio seeks the requested relief because the DJI 

Phantom 2 UA altimeter may be set on the ground to zero feet AGL, rather than the local 

barometric pressure or field altitude, before each flight.

Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is 

sought to the extent necessary to comply with the applicable conditions and limitations stated 

below. As more fully set forth herein, an equivalent level of safety will be maintained since the 

DJI Phantom 2 UA is equipped with a barometric pressure sensor and GPS equipment, which

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

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

4. Extent Of Relief Nick Palmieri of Hamilton Studio Seeks And The Reason Nick 

Palmieri of Hamilton Studio Seeks Relief From Section 91.151(b).

Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is 

requested to the extent required to allow flights of the battery powered DJI Phantom 2 UA 

during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), 

for a total duration of 16 minutes. Nick Palmieri of Hamilton Studio seeks the requested relief 

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

of the battery powered DJI Phantom 2 UA will severely constrain the practicality of any aerial

video or still photo flight operations that Nick Palmieri of Hamilton Studio proposes to conduct 

pursuant to this Petition.

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

the DJI Phantom 2 operating documents, and Nick Palmieri of Hamilton Studio proposed 

operating limitations, ensure that Nick Palmieri of Hamilton Studio will safely operate the 

battery powered DJI Phantom 2 UA during daylight hours in visual meteorological conditions 

(VMC), under visual flight rules (VFR), with enough battery power to fly for a total duration of 

16 minutes.

5. Extent Of Relief Nick Palmieri of Hamilton Studio Seeks And The Reason Nick 

Palmieri of Hamilton Studio Seeks Relief From Sections 91.405(a), 91.407(a)(1), 

91.409(a)(1) & (a)(2), And 91.417(a) & (b).

Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only

apply to aircraft with an airworthiness certificate, Nick Palmieri of Hamilton Studio requests 

relief from these Sections because the DJI Phantom 2 UAS does not require an airworthiness 

certificate. As set forth more fully below, the DJI Phantom 2 UAS meets the conditions of 

FMRA Section 333 for operation without an airworthiness certificate. Accordingly, Nick 

Palmieri of Hamilton Studio will use trained technicians to perform maintenance, alterations, 

or preventive maintenance on the UAS using the methods, techniques, and practices 
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prescribed in the UAS operating documents (i.e., Monthly Maintenance Log and DJI Phantom 

2 Instruction Manual).

Furthermore, Nick Palmieri of Hamilton Studio will document and maintain all maintenance 

records for the DJI Phantom 2 UAS.

D. The Reasons Why Granting Nick Palmieri of Hamilton Studio Request Would Be In 

The Public Interest; That Is, How It Would Benefit The Public As AWhole.

Granting the present Petition will further the public interest by allowing Nick Palmieri of 

Hamilton Studio to safely, efficiently, and economically perform aerial video and photography 

of news events, businesses, construction sites, real estate, and landscape over certain areas 

of Washington State.

Additionally, use of the DJI Phantom 2 UAS will decrease congestion of the NAS, reduce 

pollution, and provide significant benefits to the economy. Notably, the benefits of Nick Palmieri 

of Hamilton Studio proposed operation of the DJI Phantom 2 UAS will be realized without 

implicating any privacy issues.

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

The DJI Phantom 2 UA is battery powered and serves as a safe, efficient, and economical 

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

amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use 

of a DJI Phantom 2 UAS would reduce the amount of manned aircraft in the NAS, reduce noise 

and air pollution, as well as increase the safety of life and property in the air and on the ground. 

Furthermore, by reducing the number of manned aircraft operating in the NAS,

congestion around airports caused by arriving and departing aircraft will be reduced. The DJI 

Phantom 2 UA does not require an airport to takeoff or land. Likewise, a reduction of manned 

aircraft conducting aerial video and photography missions would result in fewer aircraft that 

must be handled by air traffic control during the ground, takeoff, departure, arrival, and landing 

phases of flight operations.

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

Conducting aerial acquisitions with the DJI Phantom 2 UAS, instead of manned 

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

pollution generated during traditional aerial video and still photography flight 

operations. By using battery power and electric motors, the DJI Phantom 2 UAS 

produces no air pollution, and is the most viable environmentally conscious alternative 

to the cabin class, six cylinder internal combustion engine aircraft that are typically 

utilized for aerial video and photography, while burning approximately 20-30 gallons 

per hour of leaded aviation fuel. The DJI Phantom 2 UA, while reducing the carbon 

footprint of aerial acquisitions, also eliminates noise pollution, as the UAs are propelled 

by battery powered electric motors, rather than an internal combustion engine.

By using the DJI Phantom 2 UAS to perform aerial acquisitions, the substantial risk to life
13

and property in the air and on the ground, which is usually associated with traditional manned 

aircraft flight operations, will be substantially reduced or completely eliminated. Aside from the 

lack of flight crew members located onboard the aircraft, the DJI Phantom 2 UA (weighing 

approximately 4 pounds, at its maximum gross weight with a length of 19.75 inches, widths of 20

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

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

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

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

3. Performing Aerial Video and Photography Operations With The DJI Phantom 2 UAS

Will Benefit The Economy.

In addition to being safe and efficient, the DJI Phantom 2 UAS is also an economical

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

the DJI Phantom 2 UAS will allow United States based companies, like Hamilton Studio to 

remain competitive and contribute to growth of the U.S. economy. Specifically, with the rising 

cost of aviation fuel and the Environmental Protection Agency (―EPA‖) regulatory actions 

phasing out leaded aviation fuels, U.S. owned and operated companies must adopt new and 

alternative technology in order to remain competitive. Operating the battery powered DJI 

Phantom 2 UAS is one such technology that not only allows companies greater operational 

flexibility compared to manned aircraft, but provides such flexibility without the high operational 

cost of a traditional manned aircraft.

By operating the DJI Phantom 2 UAS, companies such as Hamilton Studio, can remain 

competitive and profitable, and therefore, provide greater job stability to employees and 

contractors, which will ultimately contribute to growth of the U.S. economy. Improved financial 

performance of U.S. companies, through commercial use of the DJI Phantom 2 UAS, provides 

a stable workforce that increases consumer spending; improves local, state, and federal tax 

revenues; and allows companies to invest in research and development in order to remain 

competitive both in the United States and abroad.

4. There Are No Privacy Issues.

Similar to the manned aerial acquisition flight operations that have been conducted for decades, 

Nick Palmieri of Hamilton Studio proposed operation of the DJI Phantom 2 UAS will not 

implicate any privacy issues. Specifically, the DJI Phantom 2 UAS will be operated only in 

compliance with operating documents (i.e., Monthly Maintenance Log and DJI Phantom 2

Instruction Manual), which requires property owner involvement as well as local law 

enforcement notification, and in accordance with the Federal Aviation Regulations, including the 

minimum altitude requirements of 14 C.F.R. § 91.119.

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

How The Exemption Would Provide A Level Of Safety At Least Equal To That Provided By 

The Rule From Which Nick Palmieri of Hamilton Studio Seeks Exemption.

1. Reasons Why The DJI Phantom 2 UA Meets The Conditions Of The FAA

Modernization and Reform Act of 2012 (FMRA) Section 333.
14

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

unmanned aircraft and its operation, Nick Palmieri of Hamilton Studio operation of the DJI 

Phantom 2 UAS meets the conditions of FMRA Section 333, and will not require an 

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

Section 333 provides authority for a UAS to operate without airworthiness certification

and sets forth requirements for considering whether a UAS will create a hazard to users of the 

NAS or the public, or otherwise pose a threat to national security. Specifically, FMRA Section 

333 states the following, in part:

(a) In General.--Notwithstanding any other requirement of this subtitle, and not later 

than 180 days after the date of enactment of this Act, the Secretary of Transportation 

shall determine if certain unmanned aircraft systems may operate safely in the 

national airspace system before completion of the plan and rule making required by 

section 332 of this Act or the guidance required by section 334 of this Act.

(b) Assessment of Unmanned Aircraft Systems.--In making the determination under 

subsection (a), the Secretary shall determine, at a minimum--

(1) which types of unmanned aircraft systems, if any, as a result of their size, 

weight, speed, operational capability, proximity to airports and populated areas, 

and operation within visual line of sight do not create a hazard to users of the 

national airspace system or the public or pose a threat to national security; and

(2) whether a certificate of waiver, certificate of authorization, or airworthiness 

certification under section 44704 of title 49, United States Code, is required 

for the operation of unmanned aircraft systems identified under paragraph (1).

(c) Requirements for Safe Operation.--If the Secretary determines under this section that 

certain unmanned aircraft systems may operate safely in the national airspace

system, the Secretary shall establish requirements for the safe operation of such 

aircraft systems in the national airspace system.

In seeking this exemption, Nick Palmieri of Hamilton Studio submits that the DJI Phantom 2 

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

characteristics of the DJI Phantom 2 UAS; (b) the pilot certification requirement; and (c) the 

specific operating limitations.

a. The Specifications Of The DJI Phantom 2 UAS Demonstrate Its Safe Characteristics. 

The DJI Phantom 2 UAS does not create a hazard to users of the NAS or the public, or 

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

capability.

i. Technical Specifications Of The DJI Phantom 2 UAS.

The technical specifications of the DJI Phantom 2 UAS is set forth by the DJI 

Phantom 2 Specifications and Data Sheet, attached hereto as Exhibit A.
15

ii. The DJI Phantom 2 UAS Autonomous Flight And Navigation Modes Enable

The UASs To Remain Within A Defined Operational Area.

The DJI Phantom 2 UAS may be operated in both manual and fully autonomous flight

modes. A complete description of the flight and navigational modes of the DJI Phantom 2 UAS 

is provided at pages 12-16 and 45-50 of the DJI Inspire 1 User Manual, attached hereto as 

Exhibit B.

iii. The DJI Phantom 2 UAS is Designed For Automatic Return To Home 

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

When the Control Link is lost, the DJI Phantom 2 UA will remain stationary, in flight, for 3 

seconds or more. If, after 3 seconds, the DJI Phantom 2 UA does not reacquire control link 

data from the GCS, the UA will assume that the Control Link is lost and the UA will return to 

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

shutdown.

A complete description of the Failsafe Functions of the DJI Phantom 2 UAS are set forth at 

pages 13 through 15 of the DJI Phantom 2 User Manual, attached hereto as Exhibit B.

iv. The DJI Phantom 2 GCS And Its Operation.

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

flight control software is provided at pages 40 through 47 of the DJI Phantom 2 User Manual. 

DJI Phantom 2 User Manual is attached hereto as Exhibit B.

b. Flight Operations Of DJI Phantom 2 UAS is Limited To The Line Of Sight Of A

Certificated Pilot in Command With A SafetyObserver.

Nick Palmieri of Hamilton Studio will be the only person to act as a pilot in command (PIC) of 

the DJI Phantom 2 UAS. Additionally, a safety observer will assist her at all times during flight 

time.

c. Flights Of DJI Phantom 2 UAS Will Be Conducted Pursuant To Specific 

Operating Limitations.

In seeking this exemption, Nick Palmieri of Hamilton Studio proposes to commercially 

operate the DJI Phantom 2 UAS for the special purpose of conducting aerial video and 

photography over certain areas of United States, pursuant to the following specific operating 

limitations:

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

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

maximum gross weight: DJI Phantom 2 Unmanned Aircraft Systems. Proposed 

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

grant.

2. UAS operations under this exemption will be limited to conducting operations for the 

purpose of aerial video and photography.
16

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

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

(AGL), as indicated by the procedures specified in the operating documents unless a 

special request is made and approved by ATC. All altitudes reported to ATC must be in 

feet AGL.

5. The 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.

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

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

VLOS requirement as long as the PIC always maintains VLOS capability. The SO and 

PIC must be able to communicate verbally at all times. Electronic messaging or texting is 

not permitted during flight operations. The PIC must be designated before the flight and 

cannot transfer his or her designation for the duration of the flight. The PIC must ensure 

that the SO can perform the functions prescribed in the operating documents.

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

avoiding other air traffic and other ground based obstacles/obstructions and is not 

permitted to operate the camera or other instruments.

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

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

exists between the conditions and limitations contained in the grant of exemption and 

the procedures outlined in the operating documents, the conditions and limitations 

contained in the grant of exemption take precedence and must be followed. Otherwise, 

the operator must follow the procedures as outlined in its operating documents. The 

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

responsibility to track such revisions and present updated and revised documents to the 

Administrator upon request. The operator must also present updated and revised 

documents if it petitions for extension or amendment to the grant of exemption. If the 

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

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

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

questions arise regarding updates or revisions to the operating documents.

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

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

UAS, the aircraft is prohibited from operating until the necessary maintenance has

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

Control Station must be included in the preflight inspection. All maintenance and 

alterations must be properly documented in the aircraft records.

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

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

must undergo a functional test flight. The PIC who conducts the functional test flight
17

must make an entry in the aircraft records.

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

components, items, or equipment, not already covered in the relevant sections of the 

operating documents.

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

overhaul, replacement, inspection, and life limit requirements.

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

requirements, in accordance with the operating documents. Maintenance, inspection, 

alterations, and status of replacement/overhaul component parts must be noted in the 

aircraft records, including total time in service, description of work accomplished,

and the signature of the authorized person returning the UAS to service.

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

Bulletins.

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

action taken against discrepancies discovered between inspections.

17. The PIC must possess at least a private pilot certificate and at least a current 

third class medical certificate.

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

qualification criteria and demonstrates the ability to safely operate the UAS in a

manner consistent with how the UAS will be operated under the exemption, including 

evasive and emergency maneuvers and maintaining appropriate distances from 

persons, vessels, vehicles and structures. PIC qualification flight hours must be 

logged in a manner consistent with 14 C.F.R. § 61.51(b). Flights for the purposes of 

training the operator’s PICs are permitted under the terms of the exemption.

However, training operations may only be conducted during dedicated training 

sessions. During training, proficiency, and experience-building flights, all persons not 

essential for flight operations are considered nonparticipants, and the PIC must 

operate the UA with appropriate distance from nonparticipants in accordance with 14

C.F.R. § 91.119.

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

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

flight at night is required, a special request will be made at the FAA office closest to 

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

authorized.

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

denoted on a current FAA-published aeronautical chart unless a letter of agreement 

with that airport’s management is obtained, and the operation is conducted in 

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

agreement with the airport management must be made available to the Administrator 

upon request.
18

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

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

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

predetermined location within the planned operating area and land or be recovered in 

accordance with the operating documents.

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

accordance with the operating documents.

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

weather conditions) there is enough power to fly at normal cruising speed to the 

intended landing point and land the UA with 25% battery power remaining.

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

Waiver or Authorization (COA) prior to conducting any operations under the grant of 

exemption. This COA will also require the operator to request a Notice to Airman 

(NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the 

operation. All operations shall be conducted in accordance with airspace requirements 

in the ATO issued COA including class of airspace, altitude level and potential 

transponder requirements.

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

number, registered in accordance with 14 C.F.R. part 47, and have identification

(N-Number) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must 

be as large as practicable.

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

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

or other appropriate government oversight agency requirements.

28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available to 

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

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

enforcement official upon request.

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

operations and activities at all times.

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

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

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

vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating 

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

must ensure that nonparticipating persons remain under such protection. If a 

situation arises where nonparticipating persons leave such protection and are
19

within 500 feet of the UA, flight operations must cease immediately and/or;

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

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

and the PIC has made a safety assessment of the risk of operating closer to 

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

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

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

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

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

from land owner/controller or authorized representative will be obtained for each 

flight to be conducted.

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

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

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

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

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

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

Would Not Adversely Affect Safety.

Nick Palmieri of Hamilton Studio submits that the equivalent level of safety established by 

Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate the DJI 

Phantom 2 UAS unless that PIC has demonstrated, by meeting minimum flight-hour and 

currency requirements, that the PIC is able to safely operate the DJI Phantom 2 UAS in a 

manner consistent with the exemption, including evasive and emergency maneuvers and 

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

Considering Nick Palmieri of Hamilton Studio proposed area of operations, and the operating 

limitations set forth-above; the parallel nature of private pilot aeronautical knowledge 

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

airmanship skills necessary to safely operate the DJI Phantom 2 UAS, Nick Palmieri of 

Hamilton Studio submits that the additional manned airmanship experience of a commercially 

certificated pilot would not correlate to the airmanship skills necessary for Nick Palmieri of 

Hamilton Studio specific proposed flight operations.

The FAA has previously granted relief from Section 61.113(a) and (b) specific to UAS,

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

Nos.11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138,

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

Nick Palmieri of Hamilton Studio will not allow any PIC to operate the DJI Phantom 2 UAS 

unless that PIC has demonstrated, by meeting minimum flight-hour requirements or the DJI 

Phantom 2 UAS training and currency requirements, that the PIC is able to safely operate the 

DJI Phantom 2 UAS in a manner consistent with this exemption, including evasive and 

emergency
20

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

structures.

Specifically, the PIC must have accumulated and logged, in a manner consistent with 14

C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5 hours of 

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

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

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

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

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

during Nick Palmieri of Hamilton Studio proposed operations. The Administrator has held that 

prior documented flight experience that was obtained in compliance with applicable regulations 

would ensure safe operations, stating as follows:

In Exemption No. 11062, the FAA required that prior to conducting operations for the 

purpose of motion picture filming (or similar operations), the PIC must have accumulated 

and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of total time as a 

UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi-rotor 

UAS. Prior to operations under Exemption No. 11062, the PIC must also have 

accumulated and logged a minimum of 5 hours as a UAS pilot operating the same make 

and model of UAS to be used for operations under the exemption. For clarification, the 

FAA considers these minimum hour requirements to be inclusive rather than additive; i.e. 

5 hours make and model time may be included in the 10 hours of multi-rotor time and 

the 10 hours may be included in the total 25 hours of UAS rotorcraft time. In addition to 

the hour requirements, the PIC must accomplish 3 takeoffs and landings in the 

preceding 90 days (for currency purposes). The FAA finds that at a minimum, the flighthour requirements in Exemption No. 11062 are appropriate to practice and build 

proficiency in the skills necessary to safely conduct the petitioner’s proposed operations. 

The FAA also finds that prior documented flight experience that was obtained in 

compliance with applicable regulations would satisfy this requirement. Training, 

proficiency, and experience-building flights can also be conducted under the grant of 

exemption to accomplish the required flight time. During training, proficiency, and 

experience-building flights the PIC is required to operate the UA with appropriate 

distances in accordance with 14 C.F.R 91.119.

Exemption No. 11138 at page 15.

Accordingly, Nick Palmieri of Hamilton Studio will ensure safe operations by not allowing any 

PIC to operate the DJI Phantom 2 UAS unless that PIC has demonstrated, by meeting minimum 

flight hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 2

UAS in a manner consistent with the exemption, including evasive and emergency maneuvers 

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

3. Reasons Why An Exemption From The Requirements Of Section 91.7(a) Would 

Not Adversely Affect Safety.

The equivalent level of safety established by Section 91.7(a) will be maintained because
21

prior to every flight, Nick Palmieri of Hamilton Studio will ensure that the DJI Phantom 2 UAS is 

in an airworthy condition based upon the UAS’s compliance with its operating documents and 

as stated in the conditions and limitations herein.

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

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

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

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

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

Not Adversely Affect Safety.

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

the altitude information of the DJI Phantom 2 UA will be provided to the PIC via GPS

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

the GCS for active monitoring of the flight path and altitude. This altitude information, 

combined with Nick Palmieri of Hamilton Studio operation of the DJI Phantom 2 UA within 

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

Section 91.121. The altitude information will be generated by GPS equipment installed 

onboard the aircraft. Prior to each flight, a zero altitude initiation point is automatically 

established by the UAS at ground level.

The FAA has previously granted relief from Section 91.121 specific to UAS, in

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

11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153,

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

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

Would Not Adversely Affect Safety.

A grant of this exemption would ensure an equivalent level of safety established by 14

C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the DJI Phantom 2

UAS;(2) the limitations on the proposed flight operations; and (3) the location of the proposed 

flight operations. Accordingly, Nick Palmieri of Hamilton Studio will ensure that it will safely 

operate the battery powered DJI Phantom 2 UA during daylight hours in VFR conditions, with 

enough battery power to fly for a total duration of 16 minutes.

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

the limitations on the proposed flight operations; and the location of the proposed operations, 

will ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b).

Furthermore, safety will be ensured as the DJI Phantom 2 UAS provide audible and visual 

warnings to the PIC at the GCS when the UA experiences low battery voltage, the first warning 

occurring at approximately 33% remaining battery power, and again at approximately 15% 

remaining battery power. At the critically low battery level, the DJI Inspire 1 UAS will descend 

and land automatically.

Significantly, previous exemptions granted by the FAA concerning Section 91.151

establish that safety is not adversely affected when the technical characteristics and operating 

limitations of the UAS are considered. Relief has been granted for manned aircraft to operate at
22

less than the minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, 

and 10650. Moreover, the FAA has previously granted relief from Section 91.151 specific to 

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

Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080,

11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

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

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

In seeking this exemption, Nick Palmieri of Hamilton Studio submits that the equivalent level of 

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

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

Nick Palmieri of Hamilton Studio will use trained technicians to perform maintenance, 

alterations, or preventive maintenance on the UAS using the methods, techniques, and 

practices prescribed in the operating documents (i.e., Monthly Maintenance Log, and DJI 

Phantom 2 Instruction Manual). Furthermore, Nick Palmieri of Hamilton Studio will document 

and maintain all maintenance records for the DJI Phantom 2 UAS.

Since the DJI Phantom 2 UAS will be inspected as prescribed by the operating documents, 

Nick Palmieri of Hamilton Studio will maintain the equivalent level of safety established by 

Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of the DJI Phantom 2 User Manual 

is attached hereto as Exhibit B; a copy of the DJI Phantom 2 UAS Maintenance Log is 

attached hereto as Exhibit C.

Likewise, the exemption sought will not adversely affect safety because Nick Palmieri of 

Hamilton Studio will use trained technicians to perform maintenance, alterations or preventive 

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

operating documents.

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

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

Phantom 2 UAS will be performed by trained technicians. Maintenance will be documented 

and maintained utilizing the monthly maintenance log.

Significantly, previous exemptions granted by the FAA concerning Sections 91.405(a), 

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not adversely 

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

In consideration of Nick Palmieri of Hamilton Studio proposed operating limitations, the 

operating documents, and the technical aspects of the DJI Phantom 2 UAS, Nick Palmieri of 

Hamilton Studio submits that safety will not be adversely affected by granting exemption from 

14 C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b).

The FAA has previously granted relief specific to UAS in circumstances similar, in all material 

respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066,

11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159,

11160, 11161).
23

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

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012

(FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, Nick Palmieri of Hamilton Studio

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

2 UAS, which contain such safety standards that the Administrator finds necessary to establish a 

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

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

91.417(a) & (b). Such special conditions will permit safe operation of the UA for the limited 

purpose of conducting aerial video and photography over certain areas of Washington State for 

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

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

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

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

of the UAS in the NAS.

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

§ 21.16, for operation of the DJI Phantom 2 UAS, since the airworthiness regulations of 14 

C.F.R. Part 21 do not contain adequate or appropriate safety standards, due to the novel or 

unusual design features of the aircraft. Section 21.16, entitled Special Conditions, states the 

following:

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

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

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

he prescribes special conditions and amendments thereto for the product. The special 

conditions are issued in accordance with Part 11 of this chapter and contain such safety 

standards for the aircraft, aircraft engine or propeller as the FAA finds necessary to 

establish a level of safety equivalent to that established in the regulations.

See 14 C.F.R. § 21.16.

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

prescribe special conditions for Nick Palmieri of Hamilton Studio intended operation of the DJI 

Phantom 2 UAS, which contain such safety standards that the Administrator finds necessary to 

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

14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1),

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

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

From Which Nick Palmieri of Hamilton Studio Seeks Exemption:

Nick Palmieri of Hamilton Studio seeks exemption from the requirements of 14 C.F.R 

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

(1) & (a)(2), and 91.417(a) & (b).

A Brief Description Of The Nature Of The Exemption Nick Palmieri of Hamilton 

Studio Seeks:
24

This exemption will permit Nick Palmieri of Hamilton Studio to commercially operate an 

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

photography over certain areas of the United States.

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

of Hamilton Studio Request.

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

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

may operate safely in the NAS. As such, Nick Palmieri of Hamilton Studio request for 

exemption may be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 

11, as set forth above.

FMRA Section 333 sets forth the requirements for considering whether a UAS will create 

a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and 

further, provides the authority for such UAS to operate without an airworthiness certification.

As discussed in detail above, Nick Palmieri of Hamilton Studio will operate the DJI 

Phantom 2 UAS safely in the NAS, without creating a hazard to users of the NAS, or the public, 

or otherwise pose a threat to national security.

CONCLUSION

As set forth herein, Nick Palmieri of Hamilton Studio seeks an exemption pursuant to 14 

C.F.R. §11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), 

which will permit safe operation of the DJI Phantom 2 UAS commercially, without an 

airworthiness certificate, for the limited purpose of conducting aerial video and photography 

over certain areas of Washington State. By granting this Petition, the FAA Administrator will be 

fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while 

also advancing the interests of the public, by allowing Nick Palmieri of Hamilton Studio to safely, 

efficiently, and economically operate the DJI Phantom 2 UAS commercially within the NAS.

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

Modernization and Reform Act of 2012, Section 333, Nick Palmieri of Hamilton Studio

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

requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit Nick Palmieri of Hamilton 

Studio to operate the DJI Phantom 2 UAS commercially for the purpose of conducting aerial 

video and photography over certain areas Washington State.

Dated: 3/11/16

Nick Palmieri
25

Appendices:

A – DJI Phantom 2 Specifications Data Sheet

B – DJI Phantom 2 Manufacturer’s User 

Manual C – Monthly Maintenance Log

APPENDIX – A

DJI Phantom 2 TECHNICAL SPECIFICATIONS

Nick Palmieri of Hamilton Studio only utilizes safe and reliable UASs. DJI is an industry leader 

in small UAS production. DJI UASs are loaded with ground breaking software enabling the 

user to set parameters which will not allow flight into controlled airspace. Parameters can also 

be set to limit flight to no higher than a predetermined and set altitude as well as limit flight to a 

predetermined and set distance. In addition, DJI software provides real-time altitude and 

location information to the PIC via the linked monitor (smart phone/tablet devices).
26

General Features

 Ready to Fly, Multifunctional Quad-rotor System

 Customized H3-2D and H3-3D Gimbal Support

 Precision Flight and Stable Hovering

 25min Flight Time & Smart Battery

 Auto Return-to-Home & Landing

 Advanced Power Management

 Intelligent Orientation Control (IOC)

 Easy Battery Replacement

 Self-tightening Propeller

 Video Downlink Support

 CAN-Bus Expansion Module

Aircraft

Weight (Battery & Propellers Included)

1000g

Hover Accuracy (Ready To Fly)

Vertical: 0.8m;

Horizontal: 2.5m

Max Yaw Angular Velocity

200°/s

Max Tilt Angle

35°

Max Ascent / Descent Speed

Ascent: 6m/s; Descent: 2m/s

Max Flight Speed

15m/s(Not Recommended)

Diagonal Length

350mm

Flight Time

25mins

Take-Off Weight

≤1300g

Operating Temperature

-10°C ~ 50°C

Supported Battery

DJI Smart Battery

DJI Smart Battery

Type

3S LiPo

Capacity

5200mAh, 11.1V

Charging Environment Range

0°C to 40°C

Discharging Environment Range

-20°C to 50°C

2.4GHz Remote Control

Operating Frequency

2.4GHz ISM

Communication Distance (Open Area)

1000m

Receiver Sensitivity (1%PER)

-97dBm

Working Current/Voltage

120 mA@3.7V

Built-In LiPo Battery Working Current/Capacity

3.7V, 2000mAh
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APPENDIX – B

DJI Phantom 2 Manufacturer’s User Manual (Please see attachment)

APPENDIX - C