July 14, 2015

Exemption No. 12026

Regulatory Docket No. FAA–2015–1519

Mr. Jonathan Adams

1603 Old York Road

Abington, PA 19001

Dear Mr. Adams:

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

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

including the date it ends.

By letter dated April 21, 2015, you petitioned the Federal Aviation Administration (FAA) for 

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

conduct aerial image acquisition.

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

the regulations that the petitioner seeks an exemption.

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

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

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

Airworthiness Certification

The UAS proposed by the petitioner is a DJI Phantom 2 Vision +.

The petitioner requested relief from 14 CFR part 21, Certification procedures for products 

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

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

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

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

meets the conditions of Section 333. Therefore, the FAA finds that the requested relief from 
2

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

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

not necessary.

The Basis for Our Decision

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

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

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

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

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

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

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

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

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

by this exemption is in the public interest.

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

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

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

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

11213 also apply to the situation you present; and 

• A grant of exemption is in the public interest.

Our Decision

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

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

delegated to me by the Administrator, Mr. Jonathan Adams is granted an exemption from 

14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 

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

the extent necessary to allow the petitioner to operate a UAS to perform aerial data collection. 

This exemption is subject to the conditions and limitations listed below.

Conditions and Limitations

In this grant of exemption, Mr. Jonathan Adams is hereafter referred to as the operator.

 

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

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

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

instruments aboard the UA.
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Failure to comply with any of the conditions and limitations of this grant of exemption will be 

grounds for the immediate suspension or rescission of this exemption.

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

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

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

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

not permitted. 

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

exemption holder may use either groundspeed or calibrated airspeed to determine 

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

airspeeds greater than the maximum UA operating airspeed recommended by the 

aircraft manufacturer.

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

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

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

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

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

U.S. driver’s license.

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

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

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

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

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

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

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

required of the VO.

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

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

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

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

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

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

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

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

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

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

documents to the Administrator or any law enforcement official upon request. The 
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operator must also present updated and revised documents if it petitions for extension 

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

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

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

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

updates or revisions to the operating documents.

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

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

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

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

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

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

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

in a condition for safe operation.

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

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

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

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

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

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

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

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

aircraft components.

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

safety bulletins.

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

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

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

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

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

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

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

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

operated under this exemption, including evasive and emergency maneuvers and 

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

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

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs 
5

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

to the Administrator or any law enforcement official upon request.

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

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

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

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

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

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

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

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

power recommended by the manufacturer if greater.

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

operations shall be conducted in accordance with an ATO-issued COA. The 

exemption holder may apply for a new or amended COA if it intends to conduct 

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

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

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

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

be as large as practicable.
6

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

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

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

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

official upon request.

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

activities at all times. 

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

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

persons, vessels, vehicles, and structures unless:

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

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

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

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

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

of nonparticipating persons; and

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

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

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

present an undue hazard.

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

nonparticipating persons under this exemption.

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

permission from the property owner/controller or authorized representative. 

Permission from property owner/controller or authorized representative will be 

obtained for each flight to be conducted.

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

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

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

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

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

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

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

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

as documented in this grant of exemption.
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30. At least 3 days before aerial filming, the operator of the UAS affected by this 

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

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

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

must include at least the following:

a. Dates and times for all flights;

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

under this grant of exemption;

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

the UAS;

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

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

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

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

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

g. Signature of exemption holder or representative; and

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

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

essential to accomplish the operation.

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

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

exemption holder’s MPTOM.

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

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

parts 45, 47, 61, and 91.
8

This exemption terminates on July 31, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
DJS	Associates,	Inc.	SECTION	333	EXEMPTION	REQUEST Page	1 of	4

April	21,	2015U.S.	Dept.	of	Transportation,	Docket	Operations

West	Building	Ground	Floor,	Room	w12-140

1200	New	Jersey	Avenue,	SE.,

Washington,	DC	20590

Submitted	Electronically	via	the	Federal	Docket	Management	System	(FDMS)	

Re:	Exemption	Request	under	Section	333	of	the	FAA	Reform	Act	and	Part	11	of	the	Federal

Aviation	Regulations

Dear	Sir	or	Madam:

On	Behalf	of	DJS	Associates,	Inc. and	Pursuant	to	Section	333	of	the	FAA	Modernization	and	Reform	Act	

of	2012	and	14	C.F.R.	Part	11, I	Jonathan Adams,	Director	of	Architectural	&	Heritage	Services am

seeking an	exemption	from	Part	21	Subpart	H;	and	Sections	91.203	(a)	(1),	45.23	(b),	91.7	(a),	91.9,	

61.113,	61.133,	91.109,	91.119,	91.121,	91.151,	and	(91.401	- 91.417) Subpart	E,	of	Title	14,	Code	of	

Federal	Regulations	(14	CFR). This	proposed	exemption	would	allow	for	the	operation	of	our	unmanned	

aircraft	(UA)	the	DJI	Phantom 2 Vision	+	for	the	purpose	of	aerial	image	acquisition.	

The	FAA	has	recently	approved	the use	of	the	DJI	Phantom	2	Vision	+ in	Exemption	No.	11313;	DeGrazia	

Music,	LLC, for	the	same	purpose.		This	exemption	also	cites	similarity	with	relief	previously	requested	in	

Grant	of	Exemption	Nos.	11062,	11109,	11112,	and	11213; 11138	

The	DJI	Phantom	2	Vision	+	is	comprised	of an	Unmanned	Aircraft	(UA)	and	ground	station-based	

equipment	and	crew:

THE	UNMANNED	AIRCRAFT	(UA):

• DJI	 Phantom	 2	 Vision	 +	 lightweight	 (under	 3lb.	 gross	 weight),	 battery	 operated	 4-motor	 quad	

copter	that	takes	off	and	lands	vertically	

THE	UA	INCLUDES:

• An	 on-board	 flight	 computer	with	GPS	 navigation	and	 location	ability	 that	 receives	 signals	 for	

flight	controls	from	a	ground-based	transmitter/controller;

• An	on-board	camera	capable	of	capturing	imagery	in	 the	 form	of	 full	color,	high	definition	still	

photos	and	video

• An	on-board	telemetry	system	that	delivers	flight	data	from	the	on-board	flight	computer	to	the	

on-board	 radio	 transmitter	 including	 altitude	 AGL,	 horizontal	 and	 vertical	 speed,	 compass	

direction	of	flight	and	direction	back	to	its	launch	site

• A	5.8GHz	on-board	radio	transmitter	that	transmits	live	video	from	the	on-board	camera	plus	all	

the	flight	data	from	the	telemetry system	described	above

THE	GROUND	STATION	PART	OF	THE	SYSTEM:

• A	 Pilot	in	Command	 (PIC)	In	operational	control	of	a	mission	 from	 beginning	 to	end,	and	who	

controls	the	UA	while	in	the	air

• A	2.4GHz	radio	transmitter/controller	operated	by	the	PIC	to	control	the	UA	while	in	flight	
DJS	Associates,	Inc.	SECTION	333	EXEMPTION	REQUEST Page	2 of	4

• Ground	Station	DJI	Vision	App	which	receives	and	displays	video	and	system	telemetry	real	time	

from	the	UA

• A	 Visual	Observer	 (VO),	a person	who	 provides	a	 second	 pair	 of	eyes	 to	 visually	 track	 the	UA	

while	in	flight.

UAS	OPERATING	GUIDELINES:

The	UA will	be	operated	in	the	field	with	both	a	PIC	and	a	VO	in	accordance	with	and	with	the	following	

Restrictions:

• All	operations	must	occur	in	FAA	Class	G	airspace	at	no	more	than	400	ft AGL,	at	an	airspeed	of	

no	more	than	25	knots	and	no	further	than	3/4	NM	from	the	PIC;

• All	operations	must	utilize	a	visual	observer	(VO).	The	VO	and	PIC	must	be	able	to	communicate	

by	voice	at	all	times	during	a	flight	operation;

• The	PIC	must	have	accumulated	and	logged,	in	a	manner	consistent	with	14	CFR	§

61.51	(b),	10	hours	of	total	time	as	a	UA	rotorcraft	pilot	and	at	least	5	hours	logged	as	a	UA	pilot	

with	a	similar	UA	type;

• The	UA will	not	be	operated	over	densely	populated	areas;	without	prior	approval.

• The	UA will	not	be	operated	over	any	open-air	assembly	of	people; without	prior	approval.

• The	UA will	not	be	operated	within	5	NM	of	an	airport	or	heliport;	without	prior	approval.	

• Operations	will	be	restricted	to	day	only	and	weather	conditions	equivalent	to	VFR;	

• The	PIC	will	brief	the	VO	and	property	owner	about	the	operation	and	risk	before	operation

• No	 flight	 will be	 made	 without	 a	 Pre-Flight	 Inspection	 by	 the	 PIC	 before	 each	 operation	 to	

ascertain	that	the	UA	is	in	a	condition	safe	for	flight

PILOT	IN	COMMAND	(PIC) AND	VISUAL	OBSERVER:

The	 PIC	 and	 VO	 will	 meet	 the	 requirements	 outlined	 in	 FAA	 Policy	 N	 8900.227	 Section	 16	 personnel	

Qualifications.	Additionally,	the	PIC	and	VO	will	perform	maintenance	on	the	system	and	will	complete	a	

course	of	maintenance	instruction	as	part	of	their	initial	training.

I submit that	the	combination	of	the	UA’s light	weight,	flight	performance	and	ability,	fully	qualified	

flight	crew	and	strict	operation	under	the	guidelines	established	in	8900.227,	and	under	all	of	the	

Restrictions	listed	above,	the	FAA	can	have	full	confidence	that	the	operation	will	have	an	equivalent	or	

greater	level	of	safety	than	manned	aircraft	performing	the	same	mission.

INTENDED	USE:

The	requested	exemption	would	allow	us	to	use	the	UA	for	aerial	image	acquisition	to	support	various	

mapping	 and	 surveying	 applications	 as	 well	 as	 video	 documentation	 for	 the	 public	 good.	 Typical	

applications	would	include,	but	are	not	limited	to:	

• Photography

• Aerial	Mapping

• Architectural	Surveys

• Historical	Preservation	Surveys

• Archaeological	Surveys

• Forensic	Surveys
DJS	Associates,	Inc.	SECTION	333	EXEMPTION	REQUEST Page	3 of	4

The	inherent	ability	of	 the	UA	is	 to	capture	imagery	 from	a	low	altitude	including	oblique	photos	and	

video	 from	 several	 angles	 is	 far	 more	 effective	 than	 ground- based	 imagery	 for	 displaying	 the	

characteristics	 of	 buildings,	 sites	 and	 properties	 or	 areas	 where	 consistent	monitoring	 is	 needed.	 The	

applicant	in	 the	past	has	chartered	 fixed	wing	aircraft	and/or	helicopters	 for	 this	purpose,	which	have	

proven	more	costly	than	many	potential	clients	have	been	able	to	afford,	resulting	loss	of	opportunities.	

The	reduced	cost	and	higher	quality	data	from	the	UA	will	be	beneficial	to	the	public	in	applications	such	

as	 preservation	 of	 historic	 buildings	 or	 archeological	 sites	 where	 access	 is	 limited	 and	 project	 sites	

potentially	sensitive	to	disruption.	

PUBLIC	SAFETY:

UA’s,	 are	 powered	 by	 batteries,	 they	 are	 smaller,	 lighter	 and	more	maneuverable	 than	 larger	 aircraft	

running	 on	 combustible	 fuel;	 they	 operate	 at	 lower	 altitudes	 (under	 400’)	 with	 no	 people	 on	 board	

thereby	 reducing	 current	 risk	 levels	and	enhancing	 public	 safety.	With	a	 small	 payload	and	maximum	

flight	time	of	approximately	20	minutes,	UA’s	offer	little	or	no	risk	to	national	security.	In	addition	the	

DJI	UA	has	its	own	built	in	flight	restrictions	in	special	areas	ie:	airports,	which	limit	flight	in	these	areas.	

More	information	can	be	found	in	the	UA’s	User	Manual	or	on	DJI’s	website	at	https://www.dji.com/flysafe.		

SUMMARY	GRANT	REQUEST:

This request	follows	many	others	using	similar	systems	and	process	that	have	been	granted	previously.	I	

am	requesting	the	FAA	issue	a	summary	grant	of	exemption	as	this request	would	not	set	a	precedent.

The	 UA	 has previously	 received	 Summary	 Grants	 under	 Exemption	 No.	 11313;	 DeGrazia	 Music,	 LLC

Which	cites	similarity	with	relief	previously	requested	in	Grant	of	Exemption	Nos.	11062,	11109,	11112,	

and	11213;

• The	 reasons	 stated	 by	 the	 FAA	 for	 granting	 Exemption	Nos.	 11062,	 11109,	 11112,	 and	 11213	

also	apply	to	this	request

• A	grant	of	exemption	would	be	in	the	public	interest.

THE	REGULATIONS	FROM WHICH	THE	EXEMPTIONS	ARE	BEING	REQUESTED	

Beside	each	regulation	number	is	the	page	of	the	attached	Addendum	upon	which	each	may	be	found	

together	with	a	proposed	equivalent	level	of	safety	for	each	regulation:

- 14	CFR	Part	21 Subpart	H Addendum	Page	1

- 14	CFR	91.203	(a)	(1) Addendum	Page	1

- 14	CFR	45.23 (b) Addendum	Page	1

- 14	CFR	91.7	(a) Addendum	Page	2

- 14	CFR	91.9 Addendum	Page	2

- 14	CFR	61.113,	61.133 Addendum	Page	2

- 14	CFR	91.109,	91.119,	91.121 Addendum	Page	3

- 14	CFR	91.151 Addendum	Page	3

- 14	CFR	Subpart	E	(91.401	- 91.417) Addendum	Page	4

- FAA	Policy	8900.227	Paragraph	16(c)(4)	and	Paragraph	16(e)(1) Addendum	Page	4

DJS	Associates,	Inc.	EXEMPTION	REQUEST AND	LEVEL	OF	SAFETY	Page	1 of	4

ADDENDUM

EXEMPTION	REQUESTS AND	EQUIVALENT	LEVEL OF SAFETY

I, Johnathan Adams, Director	of	Architectural	&	Heritage	Services	at	DJS	Associates,	Inc.	request an	

exemption	 from	the following	regulations	as	well as	any	additional	regulations	that	may technically

apply to	the	operation	of the DJI	Phantom	2	Vision	+	(UA):

14	C.F.R.	Part	21,	Subpart	H:	Airworthiness	Certificates	14	C.F.R.	91.203	(a)	(1)

Subpart	H,	entitled	Airworthiness	Certificates,	establishes	the	procedural	requirements	for	the	issuance	

of	airworthiness	certificates	as	required	by	FAR	91.203(	a)	(1).	Given	the	size	and	limited	operating	area	

associated	with	the	UA	to	be	utilized	by	the	Petitioner,	an	exemption	from	Part	21	Subpart	H	meets	the	

requirements	of	an	equivalent	level	of	safety	under	Part	11	and	Section	333	of	the	FMRA.	The	Federal	

Aviation	 Act	 (49	 U.S.C.44701	 (f))	 and	 Section 333	 of	 the	 FMRA	 both	 authorize	 the	 FAA	 to	 exempt	

aircraft	 from	the	requirement	 for	an	airworthiness	certificate,	upon	consideration	of	 the	size,	weight,	

speed,	operational	capability,	and	proximity	to	airports	and populated	areas	of	the	particular	UA.	In	all	

cases,	 an	 analysis	 of	 these	 criteria	 demonstrates	 that	 the	 UA operated	 without	 an	 airworthiness	

certificate,	in the	restricted	environment	and	under	the	conditions	proposed	will	be	at	least	as	safe,	or	

safer,	than	a	conventional	aircraft	(fixed	wing	or	rotorcraft)	operating	with	an	airworthiness	certificate	

without	the	restrictions	and	conditions	proposed.	The	UA to	be	operated	hereunder	is	less	than	55	lbs.	

fully	loaded,	is	by	definition	unmanned	and	carries	neither	a	pilot	nor	passenger,	carries	no	explosive	

materials	or	 flammable	liquid	 fuels,	and	operates	exclusively	within	a	limited	 flight	area.	Unlike	other	

civil	aircraft,	operations	under	this	exemption will	be	tightly	controlled	and	monitored	by	the	Operator	

and	 will	 also	 remain	 within	 the	 requirements	 of,	 and	 in	 compliance	 with,	 local	 public	 safety	

requirements.	 These	 safety	 enhancements,	 which	 already	 apply	 to	 civil	 aircraft	 provide	 a	 greater	

degree	 of	 safety	 to	 the	 public	 and	 property	 owners	 than	 conventional	 operations	 conducted	 with	

airworthiness	certificates	issued	under	14	C.F.R.	Part	21,	Subpart	H.	Lastly,	application	of	 these	same	

criteria	demonstrates	 that	there	is	no	credible	 threat	 to	national	security	posed	by	 the	UA	due	to	its	

size,	 speed	 of	 operation,	 location	 of	 operation, lack	 of	explosive	materials	 or	flammable	 liquid	 fuels,	

and	inability	to	carry	a	substantial	external	load.

14	C.F.R.		45.23	(b).	Marking	of	the	Aircraft

The	 regulation	 requires;	When	 marks	 include	 only	 the	 Roman	 capital	 letter	 "N"	 and	 the	 registration	

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

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

the	 cabin,	 cockpit,	 or	 pilot	 station,	in	letters	 not	less	 than	 2	inches	 nor	more	 than	 6	inches	 high,	 the	

words	"limited,"	"restricted,"	"light-sport,"	"experimental,"	or	"provisional,"	as	applicable.	Even	though	

the	UA will	 have	 no	 airworthiness	 certificate,	 an	 exemption	 may	 be	 needed	 as	 the	UA will	 have	 no	

entrance	to	the	cabin,	cockpit	or	pilot	station	on	which	the	word	"Experimental"	can	be	placed.	Given	

the	size	of	the	UA,	two-inch	lettering	will	be	impossible.	The	word	"Experimental"	will	be	placed	on	the	

fuselage	in	compliance	with	45.29	(f).	The	equivalent	level	of	safety will	be	provided	by	having	the	UA

marked	on	its	fuselage	as	required	by	45.29	(f)	where	the	pilot,	observer	and	others	working	with	the	

UA will	see	the identification	of	the	UA	as	"Experimental."	
DJS	Associates,	Inc.	EXEMPTION	REQUEST AND	LEVEL	OF	SAFETY	Page	2 of	4

The	FAA	has	issued	the	following	exemptions	to	this	regulation	to	Exemptions	Nos.	10700,	8738,	10167	

and	10167	A.

14	C.F.R.	91.7(a):	Civil	aircraft	airworthiness.

The	regulation	requires	that	no	person	may	operate	a	civil	aircraft	unless	it	is	in	airworthy	condition.	As	

there	will	be	no	airworthiness	certificate	issued	for	the	aircraft,	should	this	exemption	be	granted,	no	

FAA	regulatory	standard	will	exist	for	determining	airworthiness.	Given	the	size	of	the	aircraft	and	the	

requirements	contained	herein	for	the	use	of	safety	check	lists	prior	to	each	flight,	an	equivalent	level	

of	safety	will	be	provided.

14	CFR	91.9	Civil aircraft	flight	manual,	marking,	and placard requirements.

This	 regulation	 provides that	 no	 person	 may operate	 an	 aircraft	 unless a current,	 approved	 flight	

manual	is	in	the aircraft.	 We assume that	the	intent	of	this	requirement	is	to	ensure that flight	manual	

information	is	available	 to	 the	aircrew while	operating the	aircraft. We request	an	exemption	to	 this	

requirement	since the	aircraft	is not	only too	small	to	carry documentation;	the	documentation	would	

not	be	available	to	the crew during flight	operations.

To	 obtain	 an	 equivalent	 level	 of	 safety and	 meet	 the intent	 of	 91.9,	 we propose that	 a current,	

approved	UA	Flight	Operations/Procedures (Appendix A) must be available	to	the crew	at the	ground

station	anytime	the aircraft	is	in,	or preparing	for,	flight.

The	 FAA	 has	 issued	 the	 following	 exemptions	to	 this	 regulation:	 Exemption	 Nos.	 8607,	 8737,	 8738,	

9299,	9299A, 9565,	95658,	10167,	10167A,	10602,	32827,	and	10700.

14	CFR	61.113 Private pilot privileges	and limitations:	Pilot in Command and 61.133 Commercial pilot

privileges	and limitations.

The regulation	 provides	 that	 no	 person	 that	 holds	 a	 private	 pilot certificate may act	 as	 pilot	 in	

command	of an	aircraft	for compensation	or hire. Subparagraph (b) allows a private	pilot to	act	as	pilot

in	 command	 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.	

Our proposed operations require that	the	PIC	must either

1. Hold	 a Private	 Pilot Certificate issued	 by the FAA,	 and	 have logged	 10 hours	 of	 flight	

experience in	this	type of UA,	or

2. Meet	the requirements	of 8900.227	para	16(c)(2)(c) "Operations without a pilot	certificate"	

in	which	the PIC	is	required	to	complete "FAA private pilot	ground instruction" and	pass	"the

FAA Private	Pilot written	examination." Since there are currently no means	available	for the	

pilot of	a UA to gain	the experience in an equivalent	category and class in	order	to	apply for	a

private pilot's	license,	we propose to	generate an	equivalent	level	of safety	by requiring our	

pilots	to	 complete,	 at	 a	 minimum,	 FAA private pilot	 ground	 instruction	 and	 pass	the FAA

Private Pilot	written	examination	in	addition	 to	 completing the	 private	 pilot requirements.		

Since the aircraft	 cannot	carry passengers	or	property,	we feel that	we meet	the intent	of	

61.113 Subparagraph	(b) even	though	the	intent	of	this	application	is	to conduct	a	business.
DJS	Associates,	Inc.	EXEMPTION	REQUEST AND	LEVEL	OF	SAFETY	Page	3 of	4

14	CFR	91.109 Flight	Instruction;	Simulated instrument	flight	and certain	flight	tests	

The regulation states	 that "No	 person	 may operate a civil	 aircraft	 that	 is	 being used for flight	

instruction	unless	that	aircraft	has fully functioning dual controls."

The UA’s ground-based	control	station	consists	of a small	hand-held	radio	transmitter	and	while	it	does	

not	offer	a second	set	of "controls",	both	the student	and	instructor	can, and	will,	operate	the single	

set of controls simultaneously.	 	 With	 both	 student	 and	 instructor	 having	 "hands-on" the controls	

during flight, we feel	that	this	technique	meets	the intent	91.109	and	provides	an	equivalent	level	of	

safety.

14	CFR	91.119	Minimum safe altitudes: General.

The regulation states	that over	sparsely populated areas	the aircraft cannot be operated	closer

than	 500	feet	to	 any person,	 vessel,	 vehicle,	 or	 structure.	 	 Since the aircraft will be operating at	a	

maximum	of	500 feet	AGL, we cannot	comply with	this	requirement.

In	order	to	provide an	equivalent	level	of	safety The UA’s will not	be	operated	over congested	areas or

over any open	 air assembly of persons with	 prior	 approval. Any	 property	 owner	 affected will	 be	

briefed	 on the	 expected	 route	 of flight	 and the	 associated risks	 to	 persons	 and	 property on	 the

ground. The aircraft	will	 be operated	at	a low	altitude allowing,	if	a power	 unit	 fails,	an emergency

landing without undue hazard to	persons	or	property on the	surface.	Therefore we maintain	that	due	

to	 the	 small size of	 the UA,	 the	 hazard	 to	 persons,	 vehicles	 and	 structures	 is minimal	 compared	 to

manned aircraft,	which	should	be considered	in granting the	exemption.

14	CFR	91.121	Altimeter Settings.

The regulation requires	that	aircraft	shall maintain	cruising	altitudes	by reference to	an	altimeter

setting available within	100 NM	of the	aircraft.

The UA	will always fly below	500 feet AGL and will not	need	to	maintain	cruising	altitudes in	order	to	

prevent conflict with other aircraft.	An	Above Ground Level altimeter measurement	above the	takeoff	

point	is	transmitted via	radio	from	the UA’S on-board computer to	the	display	screen	held	by the	PIC,

providing a constantly updated	AGL readout.

14	CFR	91.151 Fuel	requirements	for flight	in VFR conditions.

The regulation	 provides	 that	 no	 person	 may begin a flight	 in	 an airplane under	 day-VFR conditions	

unless	there is	enough fuel	to	fly to	the first	point	of intended	landing and	to	fly after	that	for at	least	

30	minutes.

The intention	of this	paragraph	is	to	provide an	energy reserve as	a	safety buffer	for	delays	to	landing.	

Each UA	 is	 battery operated	 and the	 maximum	 duration	 of	flight	from	 a single	 battery charge	 is 45

minutes	 with	 a	 20% reserve.	 Since the	 aircraft	 will	 never	 fly more than 3/4NM	 from	 the point of	

intended landing,	 a full battery charge at	 launch	 will ensure that	 we meet	 the	 reserve energy

requirement of this	paragraph. We request an	exemption	to	the	word	"fuel"	and	ask	for an	equivalent

interpretation	with	the	word	"energy".
DJS	Associates,	Inc.	EXEMPTION	REQUEST AND	LEVEL	OF	SAFETY	Page	4 of	4

14	CFR	Subpart	E	(91.401 - 91.417) - Maintenance,	Preventive Maintenance,	Alterations	

The regulation	 provides	that	the operator	 is	 primarily responsible	 for maintaining the aircraft	 in	 an	

airworthy condition,	including compliance with	part	39	and	43.		Paragraphs	91.407	and

91.409	require that	the aircraft	be "approved	for return	to	service by a person	authorized	under

43.7" after	maintenance and	inspection.

It	is	our intention	that	the PIC	perform	maintenance and inspection	of the aircraft	and "be	authorized	

to	approve the aircraft	for return	to	service."	 As	provided	in	the Pre-Flight	Checklist	in	Appendix A,	the	

PIC	will ensure that	the aircraft	is	in	an airworthy condition	prior	to every	flight and	in	addition	conduct	

detailed	 inspections after every two	 hours	 of	flight. Maintenance	 performed	by the PIC	 is	 limited	 to	

repairing small cracks, replacing	a propeller,	checking	electrical	connections and	updating software	and	

firmware	for	the on-board computer.	All	other	maintenance will be performed	by the manufacturer	or

their designated	repair	facility.	The PIC	will document	work	performed	in	accordance with	91.417.		We

feel	that due to	the size,	construction,	and	simplicity of	the aircraft,	the PIC	can	ensure an	equivalent	

level of safety.

8900.227	Paragraph 16(c)(4) PIC	Medical.	And Paragraph 16(e)(1)	Observer Medical.	

This	policy provides	 that both	the PIC	and	VO must	have a valid	FAA second-class	medical	certificate	

issued	under	part	67	in	order	to	perform as	a	pilot	or	observer.

The	 UA’s maximum	 gross weight	 is less	 than 4lbs.,	 are constructed	 primarily	 of,	 plastic	 and	 carbon	

fiber.	The	PIC	is	not	on	board. Both	the PIC and	the	VO are required	to	be	in	VLOS.	Given	the unlikely	

event	that	both	 the	PIC and	VO become	medically incapacitated while	 the aircraft	is	in	 flight,	the	UA

will return	 autonomously to	 the	 site of	 launching and	 land	 without crew intervention.	 Therefore,	

requiring the PIC	 and	 VO	 to	 meet	 the same	 medical	 requirements as	 commercial	 pilot	 carrying	

passengers in	a	large aircraft	is an	unnecessary burden.

We propose	that	the minimum	medical	requirements for the	PIC and	VO	be vision	corrected	to

20/20	and	a valid,	state	issued	driver's	license.	The 20/20	vision	requirement	will	ensure that	the	PIC

and	 VO	 n	 see	 and	 avoid	 air	 traffic;	 a	 licensed	 driver	 is	 medically	 qualified	 to	 operate	 a	 much	 larger	

vehicle.
DJS	Associates,	Inc. – APPENDIX	A	– FLIGHT	OPERATIONS	AND	PROCEDURES

APPENDIX	A	– FLIGHT OPERATIONS/PROCEDURES

The	UA will	be	operated	under	the	following	flight	restrictions.	Restrictions	and	procedures are	the	same	

for	both	DJI	UA’s	in	this	request

OPERATIONAL	FLIGHT RESTRICTIONS

The	UA	will	be	operated	in	the	field	with	both	a	PIC	and a	VO	in	accordance	with	and	with	the	following	

Restrictions:

• All	operations	must	occur	in	FAA	Class	G	airspace	at	no	more	than	400	ft	AGL,	at	an	airspeed	of	

no	more	than	25	knots	and	no	further	than	3/4	NM	from	the	PIC;

• All	operations	must	utilize	a	visual	observer	(VO).	The	VO	and	PIC	must	be	able	to	communicate	

by	voice	at	all	times	during	a	flight	operation;

• The	PIC	must	have	accumulated	and	logged,	in	a	manner	consistent	with	14	CFR	§

• 61.51	(b),	10	hours	of	total	time	as	a	UA	rotorcraft	pilot	and	at	least	5	hours	logged	as	a	UA	pilot	

with	a	similar	UA	type;

• The	UA	will	not	be	operated	over	densely	populated	areas;	without	prior	approval.

• The	UA	will	not	be	operated	over	any	open-air	assembly	of	people;	without	prior	approval.	

• The	UA	will	not	be	operated	within	5	NM	of	an	airport	or	heliport;	without	prior	approval.	

• Operations	will	be	restricted	to	day	only	and	weather	conditions	equivalent	to	VFR;	

• The	PIC	will	brief	the	VO	and	property	owner	about	the	operation	and	risk	before	operation

• No	 flight	 will	 be	 made	 without	 a	 Pre-Flight	 Inspection	 by	 the	 PIC	 before	 each	 operation	 to	

ascertain	that	the	UA	is	in	a	condition	safe	for	flight

PRE-FLIGHT CHECKLIST

Prior	to	operation	preflight	checklists	provided	by	the	manufacturer of	the	UA’s	will	be	followed.	Below	

is	such	an	example.	

1. Remote	Controller,	smart	battery,	Range	Extender	and	smartphone	are	fully	charged.

2. Propellers	are	mounted	correctly.

3. Damping	absorbers	are	in	good	condition,	not	broken	or	worn.

4. Camera	lens	cap	has	been	removed.

5. Micro-SD	card	has	been	inserted	if	necessary.

6. Gimbal	is	functioning	as	normal.

7. Motors	can	start	and	are	functioning	as	normal.

8. DJI	App	can	connect	to	the	camera.
DJS	Associates,	Inc. – APPENDIX	A	– FLIGHT	OPERATIONS	AND	PROCEDURES

TAKE	OFF/LANDING	PROCEDURES	

Manufacturer	recommended	Takeoff	and	Landing	procedures	will	be	followed.	

Place	the	UA on	ground	with	the	battery	level	indicator	facing	you.

1. Power	on	the	remote	controller.

2. Power	on	the	range	extender.

3. Switch	the	camera	to	the	“WIFI	ON”	position.

4. Power	on	the	aircraft	by	turning	on	the	intelligent	battery

5. Connect	the	mobile	device	to	the	UA,	run	the	DJI	App	to	enter	the	camera	preview	page.

6. Wait	until	the	LED	flight	indicator	starts	to	slowly	blink	green/yellow.	This	means	the	aircraft	is	

initializing	and	entering	the	“Ready	to	Fly”/“Ready	to	Fly	 (non-GPS).”	state.	Then	proceed	to	

execute	the	CSC	command	to	start	motors.

7. Push	the	throttle	stick	up	slowly	to	lift	the	aircraft	off	the	ground.	

8. When	landing,	be	sure	to	be	hovering	over	a	level	surface.	Pull	down	on	the	throttle	stick	

gently	to	descend	and	land.

9. After	landing	the	aircraft	on	the	ground,	keep	the	throttle	stick	at	its	lowest	position	 for	

about	3	to	5	seconds	which	will	automatically	stop	the	motors.

FAILSAFE	FUNCTION

The	 UA will	 enter	 Failsafe	 mode	 when	 the	 connection	 from	 the	 remote	 controller	 is	 lost.	 The	 flight	

control	system	will	automatically	control	 the	aircraft	 to	 return	 to	home	and	land	 to	 reduce	injuries	or	

damage.	 The	 following	 situations	 would	 make	 the	 aircraft	 fail	 to	 receive	 a	 signal	 from	 the	 remote	

controller	and	enter	Failsafe	mode:

1. The	remote	controller	is	powered	off.

2. The	aircraft	has	flown	out	of	the	effective	communication	range	of	the	remote	controller.

3. There	is	an	 obstacle	 obstructing	 the	 signal	 between the	 remote	 controller	and	 the	 	 aircraft,	

essentially	reducing	the	distance	the	signal	can	travel.

4. There	is	interference	causing	a	signal	problem	with	the	remote	controller.

Failsafe	 works	 differently	 depending	 on	 the	 mode	 the	 aircraft	 is	 in	 when	 Failsafe	 mode	 is	 initiated	

whether	it	is	in	the	Ready	to	Fly	or	Ready	to	Fly	(non-GPS)	mode.

Ready	to	Fly	(non-GPS)	---- Automatic	landing

The	flight	control	system	will	try	to	keep	the	aircraft	level	during	descent	and	landing.	Note	that	the	

aircraft	may	be	drifting	during	descent	and	landing	process.

Ready	to	Fly	---- Automatic	go	home	and	land

The	 flight	 control	 system	will	automatically	 control	 the	aircraft	 to	 fly	 back	 to	 the	 home	 point	and	

land.
DJS	Associates,	Inc. – APPENDIX	B – DJI	PHANTOM	2	VISION +

APPENDIX	B – USER’S MANUAL	FOR	UA (DJI	Phantom	2	Vision +)

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