Gopher Aerial seeks exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 

91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a) (2), and 91.417(a) & (b), to operate an Unmanned 

Aircraft System pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This 

exemption will permit Gopher Aerial LLC to operate an Unmanned Aircraft System (UAS) for the 

commercial purpose of conducting aerial video and photography of construction sites, real estate, and 

landscape over certain areas of the United States.

Gopher Aerial hereby petitions the Administrator to commercially operate our DJI Phantom 2 Vision + 

and a DJI Inspire in National airspace. We ask 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, size, weight, and limited operating area associated with the 

unmanned aircraft and its operation, Gopher Aerial’s operation of the DJI Phantom 2 vision + and DJI 

Inspire meet the conditions of the FMRA section 333 and therefore will not require an airworthiness 

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

Gopher Aerial requests relief from the 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. Gopher Aerial submits that the requested relief is proper since 

equivalent level of safety will be ensured. Gopher Aerial will only use experienced personnel or 

technicians to perform maintenance, alterations, or preventative maintenance on the UASs using the 

methods techniques and practices prescribed in the operating documents. (instruction manuals) Gopher 

Aerial will keep and document and maintain all maintenance records for the DJI Inspire and Phantom 2 

vision plus. 
Relief from Section 61.113(a) and (b), entitle Private pilot privileges and limitations: Pilot in command, is 

requested by Gopher Aerial to the extend necessary to allow a Pilot in Command who has 

demonstrated, by meeting minimum flight0hour and currency requirements, that the PIC is able to 

safely operate the DJI Phantom 2 Vision + or DJI Inspire including evasive and emergency maneuvers and 

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

Gopher Aerial seeks relief from Section 91.7(a) entitled Civilaircraft airworthiness because the DJI 

Phantom 2 Vision + and the DJI Inspire do not require an airworthiness certificate in accordance with 14 

C.F.R. Part 21, Subpart H. As such, Gopher Aerial submits that it will ensure that the DJI Inspire and DJI 

Phantom 2 Vision + are airworthy prior to every flight. This includes compliance with operating 

documents(i.e. Instruction Manual) and that the aircrafts are in condition for safe flight.

Gopher Aerial also seeks an exemption from the requirements of Section 91.121, altimeter settings, as 

the DJI Inspire and Phantom 2 Vision plus will have a typical altimeter onboard. However, altitude 

information of the DJI Inspire and DJI phantom 2 vision + will be shown using GPS equipment and radio 

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

the flight path. This information will be combined with Gopher Aerials operation of the DJI Phantom 2 

Vision plus or DJI Inspire within visual line of sight, at or below 400 feet AGL, will ensure a level of safety 

equivalent to Section 91.121

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

Fuel requirements for flight in VFR conditions. Gopher Aerial submits that safety will not be affected by 

operations of the DJI Phantom 2 vision + or the DJI Inspire 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 14.5 minutes to the first point of intended landing and assuming normal cruising speed, 

to fly after that for at least 4.5 minutes. In accordance with 14 C.F.R. § 11.81, Gopher Aerial provides 

the following information in support of its petition for exemption.

A. Name and Address of the Petitioner

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

Joseph Stone

Gopher Aerial 

7606 Zinnia Way

Maple Grove, MN 55311

stonej82@gmail.com

B. The Specific section of 14 C.F.R from which Gopher Aerial seeks exemption

1. Gopher Aerial seeks exemption from requirements of Section 61.113(a) and (b)

Section 61.113, Entitled Private pilot privledges 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 compensations or hire; nor may that person for comensation or 
hire act as PIC of an aircraft

(b) A private pilot may, for compensation or hire act as a PIC of an aircraft with any business or 

employment if -

1. The flight is only incidental to that business or employment

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

2. Gopher Aerial 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 airworthy condition.

3. Gopher Aerial 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 of flight level of that aircraft, as 

the case may be, by reference to an altimeter that is set when operating --

(1) Below 18,000 feet MSL, to

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

miles of the aircraft;
(ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the 

current reported altimeter setting of an appropriate available station; or

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

an appropriate altimeter setting available before departure. 

4. Gopher Aerial seeks the 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 a least 20 minutes.

5. Gopher Aerial seeks the 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. Gopher Aerial Seeks exemption from the requirements of Setion 91.407 (a)(1)
section 91.407 entitled Operation after maintenance, preventative maintenance. 

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

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

rebuilding or alteration unless --

(1) It has been approved for return to service by another person authorized under § 43.7 of this 

chapter[.]

7. Gopher Aerial seeks exemption from the requirements of Section 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 and aircraft unless, within 

the preceding 12 calander months it has had --

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

return to service by a person authorized by § 47.7 of this chapter; or

(2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this 

chapter.

8. Gopher Aerial seeks exemption from the requirements of Section 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 the 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 specific 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 appliances are maintained.

 (v) The current status of applicable airworthiness directives (AD) and safety directives including, for 
each, the method of compliance and the AD or safety directive number and revision date. If the AD or 

safety directive involves recurring ation, 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 oeprater 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 for one year after the work is performed

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

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

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

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

return to service.

C. The extent of Relief Gopher Aerial seeks and the reasons.

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 current and valid airman medical certificate, 

and who has met certain flight hours 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 
connetion with any business or employment if 1.The flight is only incidental to that 

business or employement, and (2) The aircraft does not carry passengers or property for 

compensation or hire.

As set forth more fully below Gopher Aerial submits that an equivalent level of safety 

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

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

operate a DJI phantom 2 vision + and a DJI Inspire in a manner consistent with the operations 

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

well as maintaining appropriate distance from people, vessels, vehicles, and structures.

Gopher aerial submits that all flights of the UASs, conducted by the PIC pursuant to the grant of 

this:

Petition: (1) will be incidental to Gopher Aerial’s business and will not carry passengers or property for 

compensation or hire.

2. Extent of Relief Gopher Aerial Seeks and the reason Gopher Aerial seeks relief from 91.7(a)

Relief from Section 91.7(a) entitled Civil aircraft airworthiness is requested to extent required to allow 

Gopher aerial to determine that UASs are in airworthy condition prior to every flight by ensuring that 

the UAS is in compliance with the operating documents (i.e. Instruction Manual)
Gopher Aerial seeks the requested relief because the DJI Inspire and DJI phantom 2 vision plus do not 

require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Gopher 

Aerial will ensure that the DJI Phantom 2 Vision plus and DJI Inspire are in airworthy condition based 

upon its compliance with the operating documents. (i.e. Instruction manual) prior to every flight and 

further, determine that the aircraft are in working condition and safe for flight as stated in the 

conditions and limitations below.

3. Extent of Relief Gopher Aerial seeks and the reason Gopher Aerial seeks relief from Section 91.121

Relief from section 91.121 entitled Altimeter settings, may be required to allow flight operations of 

the DJI Phantom 2 Vision Plus and the DJI Inspire.

UASs, which utilize a barometric pressure sensor, GPS equipment, and a radio

communications telemetry data link to downlink altitude information from the UA to the

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

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

above ground level (AGL), Gopher Aerial seeks the requested relief

because the DJI Phantom 2 Vision plus and DJI Inspire altimeter may be set on the ground to zero feet

AGL, the local rather than 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 Blade Chroma UAs are 
equipped with a barometric pressure sensor and GPS equipment, which automatically ensures that a 

ground level pressure setting will be established prior to each flight, and provides the PIC with altitude 

information of the UA on the heads-up display of the GCS.

4. Extent of Relief Gopher Aerial seeks and the reason Gopher Aerial 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 Inspire and DJI Phantom 2 vision + UAs during 

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

duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to 

fly after that for at least 4.5 minutes. Gopher Aerial seeks the requested relief because without an 

exemption from Section 91.151(b), the flight time duration of the battery powered DJI Inspire and DJI 

Phantom 2 vision + will severely constrain the practicality of any aerial video or still photo flight 

operations that Gopher Aerial proposes to conduct pursuant to this Petition. 

Significantly, as set forth below, the technical specifications of the DJI Inspire and DJI Phantom 2 vision + 

UASs, the DJI Inspire and DJI Phantom 2 vision + operating documents, and Gopher Aerial’s proposed 

operating limitations, ensure that Gopher Aerial will safely operate the battery powered UAs during 

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

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

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

5. Extent of relief Gopher Aerial seeks and the reason Gopher Aerial 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, Gopher Aerial requests

relief from these Sections because the UASs do not require airworthiness certificates. As

set forth more fully below, the UASs meet the conditions of FMRA Section 333 for

operation without an airworthiness certificate. Accordingly, Gopher Aerial

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

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

UAS operatingdocuments (i.e.,Instruction Manual). Gopher Aerial will document and maintain all

maintenance records for the DJI Inspire and DJI Phantom 2 vision + UASs.

D. The reasons why granting Gopher Aerial’s reques would be in the public interest; That is, How it 

would benefit the public as a whole.

Granting the present Petition will further the public interest by allowing

Gopher Aerial to safely, efficiently, and economically perform aerial video

and photography of construction sites, real estate, and landscape over certain areas of

the United States.

Additionally, use of DJI Inspire and DJI Phantom 2 vision +, reduce pollution, and

provide significant benefits to the economy. Notably, the benefits of Gopher Aerial

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

realized without implicating any privacy issues.

1. The Public will Benefit from decreased congestion of the NAS.
The DJI Inspire and DJI Phantom 2 vision + are battery powered and serve as a safe, efficient, 

and economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery. 

By reducing the amount of manned aircraft needed to perform aerial acquisitions, an exemption 

allowing the use of a 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 UAs do not 

require an airport to takeoff or land. Likewise, a reduction of manned aircraft conduction 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 Inspire and DJI Phantom 2 vision + 

UASs.

Conducting aerial acquisitions with the DJI Inspire and DJI Phantom 2 vision +, 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 Inspire and DJI Phantom 

2 vision + drones UASs produce no air pollution, and is the most viable environmentally 

conscious alternative to the cabin class, six cylinder internal combustion engine aircraft 

that are typically utilized for aerial video and photography, while burning approximately 

20-30 gallons per hour of leaded aviation fuel. The DJI Inspire and DJI Phantom 2 vision 

+, 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 UASs to perform aerial acquisitions, the substantial risk to life and 

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

manned aircraft flight operations, will be substantially reduced or completely 

eliminated. Aside from the lack of flight crew members located onboard the aircraft, 

the DJI Inspire and DJI Phantom 2 vision + at only 6.5 and 2.7 pounds, have 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 6000 pounds with a wingspan of approximately 42 feet, a length of 34 

feet, and fuel capacity of 180 gallons).

3. Performing Aerial Vidoe and Photography Operation with the DJI Inpsire and DJI Phantom 2 vision 

plus will benefit the economy.

In addition to being safe and efficient, the DJI Inspire and Phantom 2 vision + are an economical 

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

allow United states based companies like Gopher Aerial to compete and grow the US economy. 

While at the same time improving quality for customers since UASs can fly lower and slower than 

traditional aerial photography. 

4. There are no Privacy Issues

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

Aerial proposed operation of the DJI Inspire and Phantom 2 Vision plus will not implicate any privacy 

issues. Specifically, UASs will be operated online in compliance with the operating documents (i.e. 
Instruction Manual) which requires property owners involvement as well as local 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 provide by the rule from which 

Gopher Aerial seeks exemption.

1. Reason why the DJI Inspire and DJI Phantom 2 vision plus meet the conditions of the FAA 

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

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

the unmanned aircraft and its operation. Gopher Aerial operating DJI phantom 2 vision plus and 

DJI inspire UASs’ meet the conditions of FMRA section 333, and will not require an airworthiness 

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

 Section 333 provides authority for a UAS to operate without airworthiness certifications and 

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

or the public, or otherwise pose a threat to national security.

Specifically, FMRA section 333 states the following in part:

(a) In General.--Notwithstanding any other requirement of this subtitle, and not later than 180 

days after the date of enactment of this Act, the Secretary of Transportation shall determine if 

certain unmanned aircraft systems may operate safely in the national airspace system before 

completion of the plan and rulemaking required by section 332 of this Act or the guidance 

required by section 334 of this Act. (b) Assessment of Unmanned Aircraft Systems.--In making 

the determination under subsection (a), the Secretary shall determine, at a minimum-- (1) which 

types of unmanned aircraft systems, if any, as a result of their size, weight, speed, operational 
capability, proximity to airports and populated areas, and operation within visual line of sight do 

not create a hazard to users of the national airspace system or the public or pose a threat to 

national security; and (2) ) whether a certificate of waiver, certificate of authorization, or 

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

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

Safe Operation.--If the Secretary determines underthis 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 Gopher Aerial submits that the 

DJI Inspire and DJI phantom 2 vision plus can operate safely in the NAS pursuant to FMRA 

Section 333, as demonstrated by: (a) the characteristics of DJI Inspire and DJI Phantom 2 Vision 

plus. (b) the pi9lot certification requirement; and (c) the specific operating limitations.

a. The specifications of the DJI PHanom 2 Vision plus and DJI Inspire and how they 

demonstrate its safe characteristics.

The DJI Phantom 2 Vision plus and DJI Inspire do not create a hazard to users of the 

NAS or the public, or otherwise pose a threat to national security considering its 

size, weight speed and operational ability.

i. Technical Specifications of the UASs

The technical specification of the DJI Inspire and DJI phantom 2 vision plus are set 

forth by the DJI Phantom 2 Vision plus and DJI Inspire specifications and data sheet 

attached.
iii. The DJI Inspire and DJI Phantom 2 Vision plus are designed for automatic return 

or hover in the event of a loss of control link or navigation.

When the Control Link is lost, the DJI phantom 2 vision plus and the DJI inspire will 

remain stationary, in flight or Return home depending on the settings we choose for 

each flight. 

b. Flight Operations of DJI Phantom 2 Vision plus UASs are limited to the line of sight 

of a certificated Pilot in command with a Safety observer.

Gopher Aerial will only utilize certificated pilots to act as a pilot in command (PIC) of 

the DJI phantom 2 vision plus and DJI inspire. Additionally a safety observer will 

assist all pilots during flights and if needed a Navigator will also be available if a 

secondary spotter is needed.

c. Flights of DJI Phantom Vision plus will be conducted pursuant to specific operating 

limitations.

In seeking this exemption, Gopher Aerial proposes to commercially operate a DJI 

Phantom Vision plus and DJI Inspire for the special purpose of conducting aerial 

video and photography over certain aereas of the 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: Any operations of any other aircraft will 

require a new petition or a petition to amend this grant.

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

the purpose of aerial video and photography 
3. The UAs may not be flown at an indicated airspeed exceeding 20knots

4. The UA must be operated at an altitude of no more than 500 feet above ground 

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

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

ATC must be in feet AGL.

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

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

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

certificate.

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

permitted.

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

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

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

texting is not permitted during flight operations. The PIC must be designated before 

the flight and cannot transfer his or her designation for the duration of the flight. The 

PIC must ensure that the SO can perform the functions prescribed in the operating 

documents. 

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

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

is not permitted to operate the camera or other instruments. 

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

during UAS operations and made available to the Administrator upon request. If a 
discrepancy exists between the conditions and limitations contained in the grant of 

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

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

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

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

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

documents to the Administrator upon request. The operator must also present updated 

and revised documents if it petitions for extension or amendment to the grant of 

exemption. If the operator determines that any update or revision would affect the 

basis upon which the 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. 

23 

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

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

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

maintenance has been performed and the UAS is found to be in a condition for safe 

flight. The Ground Control Station must be included in the preflight inspection. All 

maintenance and alterations must be properly documented in the aircraft records. 

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

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

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

make an entry in the aircraft records. 
12. The pre-flight inspection must account for all potential discrepancies, e.g. 

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

sections of the operating documents. 

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

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

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

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

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

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

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

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

manufacturer Safety Bulletins. 

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

corrective action taken against discrepancies discovered between inspections. 

17. The PIC 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. § 

24 

19.1. All operations must be conducted under visual meteorological conditions 

(VMC). If flight at night is required, a special request will be made at the FAA office 

closest to proposed area of operations. Flights under special visual flight rules (SVFR) are 

not authorized.

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

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

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

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

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

upon request.

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

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

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

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. 25 
29. The UA must remain clear and yield the right of way to all manned aviation 

operations and activities at all times.

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

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

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

persons), vessels, vehicles, and structures unless: a. Barriers or structures are present 

that sufficiently protect nonparticipating persons from the UA and/or debris in the 

event of an accident. The operator must ensure that nonparticipating persons remain 

under such protection. If a situation arises where nonparticipating persons leave such 

protection and are within 500 feet of the UA, flight operations must cease immediately 

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

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

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

determined that it does not present an undue hazard, and; c. Operations nearer to the 

PIC, SO, operator trainees or essential persons do not present an undue hazard to those 

persons per § 91.119(a). 

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

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

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

each flight to be conducted. 

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

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 nto 

adversely affect safety. 

Gopher aerial submits that the equivalent level of safety established by Section 61.113(a) and 

(b) will be maintained because no PIC will be allowed to operate the DJI phantom 2 vision plus or DJI 

Inspire unless that PIC has demonstrated, by meeting minimum flight hour requirements, and is able to 

safely operate the Blade Chroma Camera Drone in a manner consistent with the exemption, including 

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

and structures.

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). Gopher Aerial will not allow any PIC to operate the UAS in a manner consistent with this 

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

people, vessels, vehicles and structures.

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

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

UAS pilot operating the same make and model of UAS to be used for operations under the exemption). 

In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 
90 days (for currency purposes). As in Exemption Nos. 11062, 11138, and 11153, prior documented 

flight experience that was obtained in compliance with applicable regulations will ensure an equivalent 

level of safety during Gopher Aerial’s proposed operations. The Administrator has held that prior 

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

ensure safe operations, stating as follows: In Exemption No. 11062, the FAA required that prior to 

conducting operations for the purpose of motion picture filming (or similar operations), the PIC must 

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

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

operations under Exemption No. 11062, the PIC must also have accumulated and logged a minimum of 5 

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

exemption. For clarification, the FAA considers these minimum hour requirements to be inclusive rather 

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

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

requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency 

purposes). The FAA finds that at a minimum, the flight-hour requirements in Exemption No. 11062 are 

appropriate to practice and build proficiency in the skills necessary to safely conduct the petitioner’s 

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

compliance with applicable regulations would satisfy this requirement. Training, proficiency, and 

experience-building flights can also be conducted under the grant of exemption to accomplish the 

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

operate the UA with appropriate distances in accordance with 14 C.F.R 91.119. Exemption No. 11138 at 

page 15. Accordingly, Gopher Aerial will ensure safe operations by not allowing any PIC to operate the 

DJI Phantom 2 vision plus or DJI Inspire UAS unless that PIC has demonstrated, by meeting minimum 

flight-hour and currency requirements, that the PIC is able to safely operate the Blade Chroma Camera 
Drone UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and 

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

3. Reasons Why an exemption from the Requirements of Section 91.7(a) Would not adversely 

Affect Safety.

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

every flight Gopher Aerial ensures the DJI Phantom 2 Vision plus and DJI Inspire are airworthy 

based upon the UAS’s compliance with its operating documents as stated in the conditions and 

limitations within.

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 and 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 Inspire and DJI Phantom 2 vision+ UAs will 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 Gopher Aerial’s operation of the DJI Inspire and DJI Phantom 2 vision+ UAs 

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

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

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

the UASs at ground level. 
The FAA has previously granted relief from Section 91.121 specific to UAS, in 

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

11062, 11063, 11064, 11065, 11066, 11067, 11080, 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 Inspire 

and DJI Phantom 2 vision+ UASs; (2) the limitations on the proposed flight operations; 

and (3) the location of the proposed flight operations. Accordingly, Gopher Aerial will 

ensure that it will safely operate the batter powered DJI Inspire and DJI Phantom 2 

vision+ UAs during daylight hours in VFR conditions, with enough battery power to fly 

for a total duration of 13.5 minutes to the first point of intended landing and, assuming

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

Here, as in Exemption No. 11109, the technical specifications of the DJI Inspire and DJI 

Phantom 2 vision+ UASs; the limitations on the proposed flight operations; and the 

location of the proposed operations, will ensure an equivalent level of safety established 

by 14 C.F.R. Section 91.151(b). Furthermore, safety will be ensured as the DJI Inspire 

and DJI Phantom 2 vision+ UASs provide audible and visual warnings to the PIC at the 

GCS when the UAs experiences low battery voltage, the first warning occurring at 

approximately 33% remaining battery power, and again at approximately 10% 
remaining battery power. At the critically low battery level, the DJI Inspire and DJI 

Phantom 2 vision+ UASs will descend and land automatically. 

Significantly, previous exemptions granted by the FAA concerning Section 91.151 

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

operating limitations of the UAS are considered. Relief has been granted fro manned 

aircraft to operate at less than the minimums perscribe3d 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. 881, 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, Gopher Aerial 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 Gopher Aerial will use trained technicians to perform maintenance, alterations, 

or preventative maintenance on the UASs using the methods, techniques, and practices 

prescribed in the operating documents (i.e. Instruction manual). Furthermore, Gopher 

Aerial will document and maintain all maintenance records for the DJI Inspire and DJI 

Phantom 2 vision+ UASs. 

Since the DJI Inspire and DJI Phantom 2 vision+ UASs will be inspected as prescribed by the 

operating documents, Gopher Aerial will maintain the equivalent level of safety established by Sections 
91.405(a), 91.409(a)(1), and 91.409(a)(2). Copies of the DJI Inspire and DJI Phantom 2 vision+ user 

manuals are attached here as exhibit B.

Likewise, the exemption sought will not adversely affect safety because Gopher Aerial will used 

trained technicians to perform maintenance, alterations, or preventative maintenance on the UAS using 

the methods, techniques, and practices prescribed by the operating documents.

Furthermore, the exemption sough 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 Inspire and DJI Phantom 2 

vision+ UASs will be performed by trained technicians. Maintenance will be documented and 

maintained utilizing the monthly maintenance log.

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

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

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

In consideration of Gopher Aerial proposed operating limitiations, the operating documents, 

and the technical aspects of the DJI Inspire and DJI Phantom 2 vision+ UASs, Gopher Aerial submits that 

safety will not adversely affected by granting exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) 

and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has

previously granted relief specific to UAS in circumstances similar, in all material respects,

to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 

11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

7. 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, Gopher Aerial requests that the FAA prescribe 

special conditions for the intended operation of DJI Phantom Vision plus and DJI Inspire, which 
contain such safety standards that the Administrator finds necessary to establish a level of 

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

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

(b). Such special conditions will permit safe operation of the UAs for the limited purpose of 

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

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

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

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

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

operation of the UAS in the NAS. Likewise, the Administrator may prescribe special conditions 

pursuant to 14 C.F.R. § 21.16, for operation of the DJI Phantom 2 vision plus or DJI Inspire, since 

the airworthiness regulations of 14 C.F.R. Part 21 do not contain 33 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 Gopher Aerial’s intended operation of the DJI Phantom 2 Vision+ and DJI 

Inspire, 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 Gopher 

Aerial Seeks Exemption:

Gopher Aerial 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 Gopher Aerial seeks: This exemption will permit Gopher Aerial 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 Gopher Aerial’s Request. 

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 34 (FMRA) Section 

333, which directs the Secretary of Transportation to determine if certain UAS may operate safely in the 

NAS. As such, Gopher Aerial’s request for exemption may be granted pursuant to the authority of FMRA 

Section 333 and 14 C.F.R. Part 11, as set forth above. FMRA Section 333 sets forth the requirements for 

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

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

airworthiness certification. As discussed in detail above, Gopher Aerial will operate the DJI Phantom 2 

vision plus and DJI Inspire 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, Gopher Aerial seeks an exemption pursuant to 14 § 11.61 and Section 333 of C.F.R. 

the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe operation of the DJI 

Inspire and DJI phantom 2 vision plus UASs commercially, without an airworthiness certificate, for the 

limited purpose of conducting aerial video and photography over certain areas of the United States. By 

granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA 

Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing 

Gopher Aerial to safely, efficiently, and economically operate the DJI Phantom 2 vision plus and DJI 

Inspire UASs commercially within the NAS.

WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA 35 Modernization and 

Reform Act of 2012, Section 333, Gopher Aerial 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 Gopher Aerial 

to operate the DJI Phantom 2 vision + and DJI Inspire UASs commercially for the purpose of conducting 

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

Dated 11/3/2015

Appendices:

A. DJI Inspire and DJI Phantom 2 Vision plus Drone specification Data

B. DJI INSPIRE and DJI Phantom 2 Vision plus manual

C. Monthly Maintenance Log
Appendix – A

DJI Phantom 2 vision plus and DJI Inspire specifications.

DJI Phantom 2 Vision plus is a safe and reliable UAS. DJI is the industry leader in small UAS 

production. The Phantom Vision plus can fly home when the link is lost it also tracks its location 

with GPS so that if a link is lost it can hover or return to home. The DJI Phantom 2 vision plus also 

limits your altitude and will notify you if you are too close to a airport.

DJI Inspire - DJI Inspire uses the most cutting edge technology for flight, navigation and safety. It 

can land and take off on its own. It will notify you if you are too close to an airport and will land on 

its own if a link is lost.

Appendix – B 

Specifications and User manual attached. See PDF file
Appendix C

UAS# Date Issue Maint Peformed Initials

Firmware Check

Frame

Engines

Propellers

Camera

Gimbal

Landing Gear

Vibration

Other