Request for FAA Exemptions: 

Rudy Matchinga 

220 South Brighton Street 

Burbank, CA. 91506 

(818) 749-4947 

email: artdirected57@yahoo.com

 June 14, 2015

I wish to petition the Federal Aviation Administration (FAA) for an exemption from part 

21, subpart H; and Sections 45.23(b), 61.113(a) and (b), 91.7(a), 91.9(b)(2), 91.119, 

91.121, 91.151(a), 91.203(a) and (b), 91.405(a), 91.407(a)(1), 91.409(a)(2), and 

91.417(a) and (b) of Title 14, Code of Federal Regulations (14 CFR). 

I would like to be permitted to operate a DJI PHANTOM 2 Vision+ quad-copter 

unmanned aircraft system (UAS) for independent film making and stock footage 

purposes.

The DJI PHANTOM 2 Vision+ is equipped with a “failsafe” feature. In the event of 

signal loss between the remote control and the aircraft, the PHANTOM 2 will 

automatically return to where it took off and land itself within 15 feet. 

Attached are documents regarding the type of UAS I fly. PHANTOM Quick Start Guide. 

And a still photo showing the aircraft and it’s controller. 

I plan to operate a UAS, a PHANTOM 2 Vision+, which is comprised of an unmanned 

aircraft (UA or PHANTOM) and a transportable ground station. The PHANTOM is 

referred to as a quad-copter and has a gross weight of 2 pounds, 12 ounces. It is equipped 

with four rotors that are driven by electric motors powered by batteries. The UA has a 

maximum airspeed of 30 knots.

• I will operate the UAS in primarily unpopulated areas. Mostly within the deserts 

of the Southwestern United States. In safe environments that are away from 

power lines, elevated lights and airports. 

• The quad-copter will be flown within sight and well below 100 ft. AGL. Flying 

will only be done in favorable weather conditions. 

• I will conduct extensive preflight inspections and protocols, during which safety 

carries primary importance. 
Given the size, weight, speed, and limited operating area associated with the aircraft I 

believe an exemption from 14 CFR part 21, Subpart H (Airworthiness Certificates) and § 

91.203 (a) and (b) (Certifications required), subject to certain conditions and limitations, 

is warranted and will meet the requirements for an equivalent level of safety under 14 

CFR part 11 and Section 333 of P.L. 112-95 (Section 333). 

I also request an exemption from § 45.23 Marking of the aircraft because the PHANTOM 

UA does not have a cabin, cockpit or pilot station upon which to place the markings. 

Two-inch lettering is difficult to place on such a small aircraft with dimensions smaller 

than the minimal lettering requirement. 

I also request an exemption from §§ 91.405(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a) 

and (b) Maintenance inspections. As a safety precaution I will perform a preflight 

inspection of the PHANTOM UAS before each flight as outlined in the operations 

manual.

UAS Pilot in Command (PIC) 

Under § 61.113 (a) and (b) private pilots are limited to non- commercial operations, 

however the UAS does not carry any pilots or passengers and so poses very little risk to 

persons or property. The risks of operating a UAS are far less than the risk levels inherent 

in the commercial activities outlined in 14 CFR part 61, et seq.

While I have no formal UAS operational training, I have flown numerous hours of 

practice flights as a hobbyist. I have often practiced flights similar to the ones I will be 

performing. I am familiar with the UAS’ performance under different altitudes, 

temperatures and weather conditions. 

Also, as part of my training I have spent several hours practicing computerized simulated 

flights (which came with and were designed as training aids for the PHANTOM UAS) to 

maintain adequate skills and response reflex time. 

I will abide by the following additional operating conditions: I will operate the UAS 

below 400 feet AGL and within a radius distance of 1000 feet from the controller to both 

aid in direct line of sight visual observation.

I will operate the UAS for no more than 15 minutes per flight. This leaves a safety 

window of at least 5 minutes (25%) before battery power begins to get low. 

I will only operate the UAS only within visual line of sight (VLOS). Included in the 

operational software of the UAS is a global positioning system (GPS) flight safety 

feature, it’s “failsafe.” Whereby, as previously stated, it returns to the point of take off, 

hovers, and then slowly lands if communication with the remote control is lost.
I will conduct all operations under strict flight safety protocols (including posting a 

warning sign reading: “Attention Aerial Photography in Progress – Remain Back 150 

feet”) contained in the operating documents and I will actively analyze flight data and 

other sources of information to constantly update and enhance my safety protocols.

I will contact respective airports if operations will be within 5 miles to advise them of his 

estimated flight time, flight duration, elevation of flight and other pertinent information. 

I will always obtain all necessary permissions prior to operation; and I will have 

procedures in place to abort flights in the event of safety breaches or potential danger. 

The UAS has a “return to home” button that will automatically fly the UAS back to its 

point of take off. If the pilot were to become in any way disabled the UAS will return 

autonomously 

While § 91.7(a) prohibits the operation of an aircraft without an airworthiness certificate 

there is currently no certificate applicable to this type of operation. Regulation § 91.9(b)

(2) requires an aircraft flight manual in the aircraft, however since there are no pilots or 

passengers on board this aircraft and given its size, this regulation is inapplicable. I will 

have a safety/flight manual with the UAS ground station. 

§ 91.119 prescribes safe altitudes for the operation of civil aircraft, but it allows 

helicopters to be operated at lower altitudes in certain conditions. I will not operate the 

UAS above the altitude of 400 feet above ground level (AGL) and I will also only operate 

in safe areas away from the public and traffic. I believe the small size, low weight, 

maneuverability, and low speed of the UAS, will proffer an equivalent or higher level of 

safety. 

§ 91.121 Altimeter settings is inapplicable. The UAS utilizes electronic GPS with a 

barometric sensor. 

Regulation § 91.151(a) Fuel requirements for flight in VFR conditions is not relevant as 

there are no passengers or fuel involved in flying the UAS. 

Thank you for your consideration. 

Rudy Matchinga