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UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

Regulatory Docket No. Section 333

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

Allan D TONE

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 UNMANNED

AIRCRAFT SYSTEMS

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112-95)

Submitted on August 26, 2015

Allan D. Tone 

1757 E Logan Ave. Salt 

Lake City, UT 84108

(801) 415-9435
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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...................................................................8

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH ALLAN D. TONE

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

THE EXTENT OF RELIEF ALLAN D. TONE SEEKS AND THE REASON

Allan D. TONE SEEKS THE RELIEF.....................................................11

THE REASONS WHY GRANTING ALLAN D. TONE’S REQUEST

WOULD BE IN THE PUBLIC INTEREST ..............................................................15

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT

ADVERSELY AFFECT SAFETY...............................................................................19

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER...........32

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS

AVAILABLE TO SUPPORT ALLAN D. TONE’S REQUEST...................34

CONCLUSION..........................................................................................................................35

APPENDICES.............................................................................................37
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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 Aviation Administration

FAR Federal Aviation Regulation

GCS Ground Control Station

GPS Global Positioning System

LOL Loss of Link

NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot In Command

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

SO Safety Observer

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Sight

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing
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SUMMARY

Allan D. Tone 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 Allan D. Tone to 

operate an Unmanned Aircraft System (UA) for the commercial purpose of conducting aerial 

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

United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

Allan D. Tone provides its clients with expertise and knowledge in advanced

technologies and solutions to increase efficiency, productivity and effectiveness. Allan D. Tone

has over 10 years of professional experience in business and real estate photography. He has 

over 5 years recreational/hobby experience in all aspects of aerial video and photography.

The objective of Allan D. Tone aerial video and photography operations is to provide

high quality imaging for a variety of commercial, public, and residential uses, specifically 

targeting:

• Construction sites before and after

• Appraisals

• Real-estate marketing

• Motion Picture Filming

• Aerial acquisitions used for inspections of public and private structures.

• Search and Rescue operations
BACKGROUND

Unmanned Aircraft Systems: DJI Phantom2 UA

Allan D. Tone seeks an exemption to operate DJI systems for compensation or hire within 

the NAS. The DJI Phantom2 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

Phantom2 has a maximum gross weight of approximately 2 pounds 5 ounces, while having a 

length of 16 inches, width of 16 inches and height of 8 inches, and a maximum speed of

approximately 19.4 knots. The DJI Phantom2 is equipped with four main rotors; driven by a 

Lithium Polymer battery powered electric motors. The DJI Phantom2 that will be operated by

Allan D. Tone will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft, as 

well as 14

C.F.R. Part 47, Aircraft Registration, and marked in accordance with 14 C.F.R. Part 45,

Identification and Registration Marking.

BASIS FOR PETITION

Petitioner, Allan D. Tone, 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 Phantom2 UA 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).

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

unmanned aircraft and its operation, Allan D. Tone operation of DJI Phantom2 UA 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, Allan D. Tone 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.

Allan D. Tone submits that the requested relief is proper since an equivalent level of

safety will be ensured. Allan D. Tone will use experienced personnel or technicians to perform

maintenance, alterations, or preventive maintenance on the UA using the methods, techniques, 

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

Phantom2 Instruction Manual). Furthermore, Allan D. Tone will document and maintain all

maintenance records for the DJI Phantom2 UA.

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

privileges and limitations: Pilot in command, is requested by Allan D. Tone to the extent

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

well as an airman medical certificate, and who has demonstrated, by meeting minimum flighthour and currency requirements, that the PIC is able to safely operate the

DJI Phantom2 UA in a manner consistent with this exemption, including evasive and emergency

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

Allan D. Tone seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, because the

DJI Phantom2 UA do not require an airworthiness certificate in accordance with 14 

C.F.R. Part 21, Subpart H. As such, Allan D. Tone submits that he will

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ensure that the DJI Phantom2 UA Is in an airworthy condition, prior to every flight, by

determining that the UA Is in compliance with the operating documents (i.e., Monthly

Maintenance Log, and DJI Phantom2 Instruction Manual), and that the aircraft are in a condition

for safe flight.

Allan D. Tone also seeks an exemption from the requirements of Section 91.121, entitled

Altimeter Settings, as the DJI Phantom2 UA will not have a typical barometric altimeter onboard. 

However, altitude information of the DJI Phantom2 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 Allan D. Tone’s operation of the DJI Phantom2 UA within visual

line of sight, at or below 200 feet AGL, will ensure a level of safety equivalent to Section 91.121.

Additionally, Allan D. Tone seeks an exemption from the requirements of Section

91.151(b), entitled Fuel requirements for flight in VFR conditions. Allan D. Tone submits that

safety will not be affected by operation of the DJI Phantom2 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 13.5 minutes to the first point of intended landing and, 

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

In accordance with 14 C.F.R. § 11.81, Allan D. Tone 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:

Allan D. Tone

1757 E Logan Ave
8

Salt Lake City, UT 84108

(801) 415-9435

Email: allan@allantone.com

B. The Specific Sections Of 14 C.F.R. From Which Allan D. Tone Seeks Exemption.

1. Allan D. Tone 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. Allan D. Tone 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. Allan D. Tone Seeks Exemption From The Requirements Of Section

91.121.

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

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

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

operating--

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

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

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

section, the current reported altimeter setting of an appropriate available

station; or

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

departure airport or an appropriate altimeter setting available before

departure.

4. Allan D. Tone 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. Allan D. Tone 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. Allan D. Tone 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[.]

(b) Allan D. Tone Seeks Exemption From The Requirements Of Sections 
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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.

(b) Allan D. Tone 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.
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(iii) The time since last overhaul of all items installed on the aircraft which are

required to be overhauled on a specified time basis.

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

inspection required by the inspection program under which the aircraft and its

appliances are maintained.

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

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

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

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

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

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

and appliances.

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

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

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

performed.

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

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

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

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

for return to service.

C. The Extent Of Relief Allan D. Tone Seeks And The Reason Allan D. Tone Seeks The 

Relief.

1. Extent Of Relief Allan D. Tone Seeks And The Reason Allan D. Tone 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 UA 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, Allan D. Tone submits that an equivalent level of safety

will be maintained because no PIC will be allowed to operate the DJI Phantom2 UA unless that 

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

safely operate either the DJI Phantom2 UA 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,

Allan D. Tone submits that all flights of the DJI Phantom2 UA, conducted by the PIC pursuant to 

the grant of this Petition: (1) will be incidental to Allan D. Tone’s business; and (2) will not carry 

passengers or property for compensation or hire.

2. Extent Of Relief Allan D. Tone Seeks And The Reason Allan D.

Tone 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 Allan D. Tone to determine that the DJI Phantom2 and

DJI S1000 UA Is in airworthy condition prior to every flight by ensuring that the

UA is in compliance with the operating documents (i.e., the Allan D. Tone Aerial Operations

Manual, Monthly Maintenance Log, and DJI Phantom2 UA Instruction Manual). Allan D. Tone

seeks the requested relief because the DJI Phantom2

UA do not require an airworthiness certificate in accordance with 14

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C.F.R. Part 21, Subpart H. Therefore, Allan D. Tone will ensure that the DJI Phantom2 UA Is

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

Maintenance Log, and DJI Phantom2 Instruction Manual) prior to every flight, and further, 

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

limitations below.

3. Extent Of Relief Allan D. Tone Seeks And The Reason Allan D.

Tone Seeks Relief From Section 91.121.

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

operations of the DJI Phantom2 UA, 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 UA operations be reported to air traffic control (ATC) in feet above ground level

(AGL), Allan D. Tone seeks the requested relief because the DJI Phantom2UA’s altimeter may

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

before each flight.

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

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

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

DJI Phantom2 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 Allan D. Tone Seeks And The Reason Allan D.

Tone 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 Phantom2 UA 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. Allan D. Tone seeks the requested relief because

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

Phantom2 UA will severely constrain the practicality of any aerial video or still photo flight 

operations that Allan D. Tone proposes to conduct pursuant to this Petition.

Significantly, as set forth below, the technical specifications of the DJI Phantom2 UA, the

DJI Phantom2 operating documents, and Allan D. Tone’s proposed operating limitations, ensure

that Allan D. Tone will safely operate the battery powered DJI Phantom2 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 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 Allan D. Tone Seeks And The Reason Allan D.

Tone 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, Allan D. Tone requests relief from these

Sections because the DJI Phantom2 UA do not require airworthiness certificates. As set forth

more fully below, the DJI Phantom2 UA meet the conditions of FMRA Section 333 for operation

without an airworthiness certificate. Accordingly, Allan D. Tone will use trained

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technicians to perform maintenance, alterations, or preventive maintenance on the UA using the

methods, techniques, and practices prescribed in the UA operating documents

(i.e., the Allan D. Tone Aerial Operations Manual, Monthly Maintenance Log, and DJI

Phantom2 Instruction Manual). Furthermore, Allan D. Tone will document and maintain all

maintenance records for the DJI Phantom2 UA.

D. The Reasons Why Granting Allan D. Tone Request Would Be In The Public

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

Granting the present Petition will further the public interest by allowing Allan D. Tone to 

safely, efficiently, and economically perform aerial video and photography of construction sites, 

real estate, and landscape over certain areas of the United States.

Additionally, use of the DJI Phantom2 UA will decrease congestion of the NAS, reduce

pollution, and provide significant benefits to the economy. Notably, the benefits of Allan D.

Tone’s proposed operation of the DJI Phantom2 UA will be realized without implicating any

privacy issues.

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

The DJI Phantom2 UA Is battery powered and serve as a safe, efficient, and economical

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

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

of a DJI Phantom2 UA 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 Phantom2 UA do not require an airport to takeoff or land. Likewise, a reduction of manned

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

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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 Phantom2

UA.

Conducting aerial acquisitions with the DJI Phantom2 UA, 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 Phantom2 UA 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 Phantom2 UA, while reducing the carbon

footprint of aerial acquisitions, also eliminates noise pollution, as the UA Is propelled by battery

powered electric motors, rather than an internal combustion engine.

By using the DJI Phantom2 UA 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 Phantom2 UA (weighing

approximately 2 pounds 11 ounces and 9 pounds with length of 16 inches and width of 16 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.

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3. Performing Aerial Video and Photography Operations With The DJI Phantom2

UA Will Benefit The Economy.

In addition to being safe and efficient, the DJI Phantom2 UA Is also an economical

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

DJI Phantom2 UA will allow United States based companies, like Allan D. Tone, 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 Phantom2 UA 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 Phantom2 UA, companies such as Allan D. Tone, 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 Phantom2 UA, 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,

Allan D. Tone’s proposed operation of the DJI Phantom2 UA will not implicate any

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privacy issues. Specifically, the DJI Phantom2 UA will be operated only in compliance with

operating documents (i.e., the Allan D. Tone Aerial Operations Manual, Monthly

Maintenance Log, and DJI Phantom2 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 Allan D. Tone Seeks Exemption.

1. Reasons Why The DJI Phantom2 UA Meet The Conditions Of The FAA

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

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

unmanned aircraft and its operation, Allan D. Tone’s operation of the DJI Phantom2 UA 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 UA to operate without airworthiness certification and

sets forth requirements for considering whether a UA 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
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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, Allan D. Tone submits that the DJI Phantom2 UA

can operate safely in the NAS pursuant to FMRA Section

333, as demonstrated by: (a) the characteristics of the DJI Phantom2 UA; (b) the pilot

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

a. The Specifications Of The DJI Phantom2 UA Demonstrate Its Safe

Characteristics.

The DJI Phantom2 UA do not create a hazard to users of the NAS or the public, or

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

capability.

i. Technical Specifications Of The DJI Phantom2 UA. The technical specifications of the DJI Phantom2 UA Is set forth by the DJI Phantom2

Specifications and Data

Sheet, attached hereto as Exhibit A.

ii. The DJI Phantom2 UA Autonomous Flight And Navigation Modes

Enable The UA To Remain Within A Defined Operational Area.

The DJI Phantom2 UA may be operated in both manual and fully autonomous flight

modes. A complete description of the flight and navigational modes of the DJI Phantom2 UA is

provided at pages 25-30 of the DJI Phantom2 User Manual, attached hereto as Exhibit B.
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iii. The DJI Phantom2 UA 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 Phantom2 UA will remain stationary, in flight, for

3 seconds or more. If, after 3 seconds, the DJI Phantom2 UA do 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 Phantom2 UA Is set forth at

page 25 through 26 of the DJI Phantom2 User Manual, attached hereto as Exhibit B.

iv. The DJI Phantom2 GCS And Its Operation.

A complete description of the operation and specifications of the DJI Phantom2 GCS and

flight control software is provided at pages 28 through 33 of the DJI Phantom2 User Manual

User Manual attached hereto as Exhibit B. b. Flight Operations Of DJI Phantom2 UA Is Limited To The Line Of Sight Of A

Certificated Pilot in Command With A Safety Observer.

Allan D. Tone will only utilize certificated pilots who possess a current and valid airman

medical certificate to act as a pilot in command (PIC) of the DJI Phantom2 UA. Additionally, a 

safety observer will assist all pilots during flight time.

c. Flights Of DJI Phantom2 UA Will Be Conducted Pursuant To Specific

Operating Limitations.

In seeking this exemption, Allan D. Tone proposes to commercially operate DJI Phantom2

UA 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 UA weighing less than 55

pounds maximum gross weight: DJI Phantom2 Unmanned Aircraft Systems.
21

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

amend this grant.

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

purpose of aerial video and photography.

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 200 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 UA

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 UA Integration Office (AFS-80)
22

may be contacted if questions arise regarding updates or revisions to the operating

documents.

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

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

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

been performed and the UA 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 UA that has undergone maintenance or alterations that affect the UA 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 UA 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 UA to service.

15. Each UA 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 UA in a

manner consistent with how the UA 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
23

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

C.F.R. § 91.119.

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

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

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

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

not authorized.

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

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

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

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

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

upon request.

21. The UA may not be operated less than 200 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 UA any time the UA 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 UA 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 UA 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.

Allan D. Tone 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

Phantom2 UA unless that PIC has demonstrated, by meeting minimum flight-hour and currency

24
25

requirements, that the PIC is able to safely operate the DJI Phantom2 UA in a manner consistent

with the exemption, including evasive and emergency maneuvers and maintaining appropriate

distances from people, vessels, vehicles and structures.

Considering Allan D. Tone’s proposed area of operations, and the operating limitations

set forth-above; the parallel nature of private pilot aeronautical knowledge requirements to those 

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

necessary to safely operate the DJI Phantom2 UA, Allan D. Tone submits that the additional

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

airmanship skills necessary for Allan D. Tone’s specific proposed flight operations.

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

UA, 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).

Allan D. Tone will not allow any PIC to operate the DJI Phantom2 UA unless that PIC

has demonstrated, by meeting minimum flight-hour requirements or the DJI Phantom2 UA

training and currency requirements, that the PIC is able to safely operate the DJI Phantom2 UA

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 UA rotorcraft pilot (with a minimum of 5 hours of

those hours as a UA pilot operating the same make and model of UA to be used for operations
26

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 Allan D. Tone’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 UA

rotorcraft pilot including at least 10 hours logged as a UA pilot with a multi-rotor UA. Prior to operations under Exemption No. 11062, the PIC must also have accumulated and

logged a minimum of 5 hours as a UA pilot operating the same make and model of UA 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 UA 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, Allan D. Tone will ensure safe operations by not allowing any PIC to

operate the DJI Phantom2 UA unless that PIC has demonstrated, by meeting minimum flight- hour and currency requirements, that the PIC is able to safely operate the DJI Phantom2 UA 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, Allan D. Tone will ensure that the DJI Phantom2 UA is in an airworthy condition

based upon the UA’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 UA,

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 Phantom2 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 Allan 

D. Tone’s operation of the DJI Phantom2 UA within visual line of sight, at or below 200 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 UA at ground level.

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

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

27
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 Phantom2

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

flight operations. Accordingly, Allan D. Tone will ensure that it will safely operate the battery

powered DJI Phantom2 UA 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 Phantom2 UA;

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 Phantom2 UA 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 10%

remaining battery power. At the critically low battery level, the DJI Phantom2 UA 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 UA Is considered. Relief has been granted for manned aircraft to operate at less

than the minimums prescribed in Section 91.151, including

28
Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted relief from

Section 91.151 specific to UA, 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, Allan D. Tone 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 Allan D.

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

maintenance on the UA using the methods, techniques, and practices prescribed in the operating 

documents (i.e., the Allan D. Tone Aerial Operations Manual, Monthly Maintenance Log, and

DJI Phantom2 Instruction Manual). Furthermore, Allan D. Tone will document and maintain all

maintenance records for the DJI Phantom2 UA.

Since the DJI Phantom2 UA will be inspected as prescribed by the operating documents,

Allan D. Tone 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 Phantom2 User Manual are attached hereto as 

Exhibit C and D; a copy of the DJI Phantom2 UA Maintenance LOG is attached hereto as Exhibit 

E.

Likewise, the exemption sought will not adversely affect safety because Allan D. Tone will

use trained technicians to perform maintenance, alterations or preventive maintenance on the

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

29
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

Phantom2 UA 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 UA Is

considered.

In consideration of Allan D. Tone’s proposed operating limitations, the operating

documents, and the technical aspects of the DJI Phantom2 UA, Allan D. Tone 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 UA in circumstances similar, in all material respects, to those presented herein

(e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112,

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

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

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

(FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, Allan D. Tone requests that the

FAA prescribe special conditions for the intended operation of the DJI Phantom2 UA, 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

30
31

permit safe operation of the UA 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 UA 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 UA to operate without airworthiness certification in accordance with any

requirements that must be established for the safe operation of the UA in the NAS.

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

21.16, for operation of the DJI Phantom2 UA, 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 Jason Tone’s intended operation of the DJI Phantom2 UA,

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 Allan D. Tone Seeks Exemption:
Allan D. Tone 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 Allan D. Tone Seeks:

This exemption will permit Allan D. Tone to commercially operate an Unmanned

Aircraft System (UA) 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 Allan D.

Tone’s Request.

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

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

may operate safely in the NAS. As such, Allan D. Tone’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 UA 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 UA to operate without airworthiness certification.

As discussed in detail above, Allan D. Tone will operate the DJI Phantom2 UA 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, Allan D. Tone 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 Phantom2 UA 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

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33

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 Allan D. Tone to safely, efficiently, and economically operate the DJI Phantom2 UA

commercially within the NAS.

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

Modernization and Reform Act of 2012, Section 333, Allan D. Tone 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 Icarus Group to operate the DJI Phantom2 UA

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

the United States. Dated: A 11, 2015

Respectfully submitted,

Allan D. Tone

Allan D. Tone

31757 E Logan Ave Salt 

Lake City, UT 84108

(801) 415-9435

Email: allan@allantone.com

Allan D. Tone
34

Appendices:

A – DJI Phantom2 Specifications Data Sheet B

– DJI Phantom2 Manufacturer’s User Manual C

– Monthly Maintenance Log & Pilot Log
35

APPENDIX – A

DJI PHANTOM2 TECHNICAL SPECIFICATIONS

Allan D. Tone only utilizes safe and reliable UA. DJI is an industry leader in small UA

production. DJI UA Is loaded with ground breaking software enabling the user to set parameters

which will not allow flight into controlled airspace. Parameters can also be set to limit flight to

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

distance. In addition, DJI software provides real-time altitude and location information to the

PIC via the linked monitor (smart phone/tablet devices)

1.1 DJI Phantom2

1.1.1 Aircraft

1.1.1.1 Supported Battery – DJI 5200mAH, 11.1V LiPo Battery

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

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

1.1.1.4 Max Yaw Angular Velocity - 2000/s

1.1.1.5 Max Tilt Angel - 350

1.1.1.6 Max Ascent Speed – 6m/s

1.1.1.7 Max Descent Speed – 2m/s

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

1.1.2 Gimbal

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

1.1.2.2 Control Accuracy - ±0.030

1.1.2.3 Controllable Range – Pitch: -900 - 00

1.1.2.4 Maximum Angular Speed – Pitch: 900/s

1.1.3 Camera

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

1.1.3.2 Sensor Size – 1/2.3”

1.1.3.3 Effective Pixels – 14M

1.1.3.4 Resolution – 4384x3288

4.1.3.5 HD Video Recording – 1080p30 & 720p

4.1.3.6 Recording Field of View - 1100/850

1.1.4 Transmitter

1.1.4.1 Operating Frequency – 2.4GHz ISM

1.1.4.2 Communication Distance (unobstructed) – FCC Compliance: 1000m

1.1.4.3 Receiver Sensitivity (1%PER) - -97dBm

1.1.4.4 Transmitter Power – FCC Compliance: 100mW

1.1.4.5 Working Voltage – 120mA@3.7V
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APPENDIX – B
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APPENDIX – C

MONTHLY MAINTENANCE LOG

month:_________( year:________ UA$#:$___________ Date(Issue( Discovered Date(Issue( Addressed

Issue(Description(&(Maintenance(Conducted Maintenance(Performed(By:(((

Print(&(Sign

Software(Updates

Airframe(

Engines

Propellers

Camera(Gimbal

Landing(Gear

Vibration(Dampening

Other:

Pilot Log