UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION

ADMINISTRATION WASHINGTON, DC

Regulatory DocketNo. _

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

DANIEL W. MILLS JR.

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF TITLE 14 OF

THE CODE OF FEDERAL REGULATIONS

SECTIONS61.113(a)&(b),91.7(a), 91.121,91.151(b),91.405(a), 91.407(a)(l), 91.409(a)(l)

&(a)(2),AND91.417(a)&(b)CONCERNING COMMERCIAL OPERATIONOFDJI

PHANTOM2UNMANNED AIRCRAFT SYSTEMS

PURSUANTTO SECTION333 OF

THE FAA MODERNIZATION AND REFORM ACT OF2012

(PUBLIC LAW 112-95)

Submitted on July 12, 2015

Daniel W. Mills Jr.

13515 Lake Barkley Ln

Houston, TX 77044

713-392-7741

danmillsphotography.com
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TABLEOFCONTENTS

Page

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

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

INIRODUCTION AND INTERESTS OF PETITIONER........................................................... 4

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

BASISFORPETITION............................................................................................................... 5

NAME AND ADDRESS OF PETITIONER................................................................... 8

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH DANIEL W. 

MILLS JR. SEEKS EXEMPTION............................................8

THEEXTENT OFRELIEF Daniel W. Mills Jr. SEEKS AND THE

REASON DANIEL W. MILLS JR. SEEKSTHERELIEF ......... 12

THEREASONSWHYGRANTING DANIEL W. MILLS JR.’sREQUEST

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

THEREASONS WHY GRANTING THE EXEMPTION WOULD NOT

ADVERSELYAFFECT SAFETY ............................................................................... 19

SUMMARY THAT CAN BEPUBLISHED IN THEFEDERAL REGISTER............. 34

ANYADDITIONAL INFORMATION, VIEWS, ORARGUMENTS

AVAILABLETOSUPPORTDANIEL W. MILLS JR.

REQUEST.........................................................................34

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

APPENDICES..................................................................................................................... 37
3

GLOSSARYOFABBREVIATIONS

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

NATAM 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 Procedure

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
4

SUMMARY

Daniel W. Mills Jr. seeks exemption from the requirements of 14C.F.R§§ 

61.113(a) & (b), 91.7(a), 91.121, 91.lSl (b), 91.405(a), 91.407(a)(l), 91.409(a)(l) & (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 Daniel W. Mills Jr. to operate an Unmanned Aircraft System (UAS) for the 

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

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

INTRODUCTION AND INTERESTS OF THE PETITIONER

Daniel W. Mills Jr. provides his clients with expertise and knowledge in

advanced technologies and solutions to increase efficiency, productivity and

effectiveness. Daniel W. Mills Jr. has over 10 years of professional experience in project 

management, Information Systems compliance, and Business Continuity/Disaster 

Recovery. He has over 7 years recreational/hobby experience in all aspects of 

photography and 2 years of aerial videography and UAS flight operations. The objective 

of Daniel W. Mills Jr.’s 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

• Aerial acquisitions used for inspections of public and private structures

• Aerial Mapping
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BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 2 UAS

Daniel W. Mills Jr. seeks an exemption to operate DJI systemsfor compensation or

hire within the NAS. The DJI Phantom 2’s are vertical takeoff and landing (VTOL)

Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet,

laptop or smart phone systems. The DJI Phantom 2 has a maximum gross weight of

approximately 2 pounds 11 ounces, while having a length of 16 inches width of 16 inches,

height of 8 inches, and a maximum speed of approximately 29 knots. The DJI Phantom 2 UAs

are equipped with four main rotors; driven by Lithium Polymer battery powered electric

motors.

The DJI Phantom 2 UAS that will be operated by Daniel W. Mills Jr. will be

registered in accordance with 49 U.S.C. 44103, Registration of Aircraft, as well as 14C.F.R

Part 47,Aircraft Registration, and marked in accordance with 14C.F.R. Part45,Identification

andRegistration Marking.

BASIS FOR PETITION

Petitioner, Daniel W. Mills Jr., pursuant to the provisions of the Federal Aviation

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

(FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems, hereby 

petitions the Administrator to commercially operate the DJI Phantom 2 UAS in the

National Airspace System (NAS), and for an exemption from the
6

Requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91. lSl(b), 91.405(a), 

91.407(a)(l), 91.409(a)(l) & (a)(2), and 91.417(a) & (b).

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

the unmanned aircraft and its operation, Daniel W. Mills Jr.’s operation of DJI Phantom 2 

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

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

Accordingly, Daniel W. Mills Jr. requests relief from Sections 91.405(a),

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

requirements for maintenance that only apply to aircraft with an airworthiness 

certificate.

Daniel W. Mills Jr. submits that the requested relief is proper since an 

equivalent level of safety will be ensured. Daniel W. Mills Jr. will use experienced 

personnel or technicians to perform maintenance, alterations, or preventive 

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

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

Instruction Manual). Furthermore, Daniel W. Mills Jr. will document and maintain 

all maintenance records forthe DJI Phantom 2 UAS.

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

pilot privileges and limitations: Pilot in command, is requested by Daniel W. Mills Jr. 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 flight- hour and currency requirements, that the PIC is able to safely 

operate the DJI Phantom 2 UAS in a manner consistent with this
7

exemption, including evasive and emergency maneuvers and maintaining appropriate distances

from people, vessels, vehicles and structures.

Daniel W. Mills Jr. seeks relief from Section 91.7(a), entitled Civil aircraftairworthiness,

because the DJI Phantom 2 UAS do not require an airworthiness certificate in accordance with 14

C.F.R.Part 21, Subpart H. As such, Daniel W. Mills Jr. submits that he will ensure that the DJI 

Phantom 2 UAS is in an airworthy condition, prior to every flight, by determining that the UAS

are in compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 

2Instruction Manual), and that the aircraft are in a condition for safe flight.

Daniel W. Mills Jr. also seeks an exemption from the requirements of Section 91.121, 

entitled Altimeter Settings, as the DJI Phantom 2 UAs will not have a typical barometric

altimeter onboard. However, altitude information ofthe DJI Phantom 2UAs 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 Daniel W. Mills Jr.'s operation ofthe DJI Phantom 2 UAS 

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

Section 91.121.

Additionally, Daniel W. Mills Jr.seeks an exemption fromthe requirements of

Section 91.15l(b), entitled Fuel requirements forflight in VFR conditions. Daniel W. Mills 

Jr. submits thatsafetywill not be affected by operation of theDJI Phantom 2UAS’ during

day light hoursin visualmeteorological conditions (VMC)
8

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 14C.F.R. § 11.81,Daniel W. Mills Jr. provides the following

information in support of its petition for exemption:

A. Name And Address Of The Petitioner.

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

Daniel W. Mills Jr.

13515 Lake Barkley Ln,

Houston, TX 77044

713-392-7741

Email:

danmills@danmillsphotography.com

B. The Specific Sections Of 14 C.F.R. From Which Daniel W. Mills Jr.

Seeks Exemption.

1.Daniel W. Mills Jr. 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) Aprivate pilotmay,for compensation orhire, actasPICofanaircraft in

connectionwithany businessor 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. Daniel W. Mills Jr. Seeks Exemption From The Requirements Of

Section 91.7(a).
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Section 91.7, entitled Civil aircraft airworthiness,subsection (a),statesthe following:

(a)No person may operate a civil aircraftunlessitisinan airworthy condition.

3. Daniel W. Mills Jr. Seeks Exemption From The Requirements Of Section

91.121. Section91.121,entitledAltimetersettings,subsection(a),states thefollowing,in

part:

(a) Each person operatingan aircraftshall maintain the cruising altitudeor flightlevel of

that aircraft, asthe casemay be, by reference to analtimeterthat isset, when operating--

(1) Below 18,000feetMSL,to--

(i) The currentreported altimetersettingofastationalong the route and within

100nauticalmilesof the aircraft;

(ii) If there is no station within the area prescribed in paragraph (a)(l)(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 ofthe

departure airport oranappropriate altimetersettingavailable before departure.

4. Daniel W. Mills Jr. Seeks Exemption From The Requirements Of

Section 91.151(b).

Section 91.151, entitled Fuel requirementsfor flight in VFRconditions, 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. Daniel W. Mills Jr. Seeks Exemption From The Requirement Of

Section 91.405(a).
10

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 ofthis part and shall

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

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

6. Daniel W. Mills Jr. Seeks Exemption From The Requirements Of

Section 91.407(a)(l)

Section 91.407, entitled Operation after maintenance,preventive maintenance, rebuilding, or

alteration,subsection (a)(l), statesthe 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 thischapter [.]

7. Daniel W. Mills Jr. Seeks Exemption From The Requirements Of

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

Section91.409,entitledInspections,subsection(a),states thefollowing:

(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) Anannual inspection in accordance with part 43 ofthis chapter and has been

approved for return to service by a person authorized by § 43.7 of this chapter;

or

(2) Aninspection for the issuance of an airworthiness certificate in accordance

with part 21 of this chapter.

8. Daniel W. Mills Jr. 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 forthe periods

specified in paragraph (b) ofthis section:
11

(1) Records ofthe maintenance, preventive maintenance, and alteration and records

ofthe 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 ofthe work performed; and

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

aircraft for return to service.

(2)Records containing the following information:

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

each rotor.

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

propeller, rotor, and appliance.

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

are required to be overhauled on a specified time basis.

(iv) The current inspection status ofthe 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 safetydirective 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, andappliances.

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

prescribed:

(1) The records specified in paragraph (a)( l) 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.
12

(2) The records specified in paragraph (a)(2) ofthis 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 Daniel W. Mills Jr. Seeks And The Reason Daniel W. Mills Jr. Seeks

The Relief.

1.Extent Of Relief Daniel W. Mills Jr. Seeks And The Reason Daniel 

W. Mills Jr. 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, isrequested to the extent necessary to allow a PIC holding a private pilot or

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

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

operationsfor compensation or hire.

This relief isrequested 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 orhire.

As set forth more fully below, Daniel W. Mills Jr. submits that an equivalent level of

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

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

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

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

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

structures.
13

Further, Daniel W. Mills Jr. submits that all flights of the DJI Phantom 2 UAS, 

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

Mills Jr.'s business; and (2) will not carry passengers or property for compensation or hire.

2. Extent Of Relief Daniel W. Mills Jr. Seeks And The Reason Daniel 

W. Mills Jr. 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 Daniel W. Mills Jr. to determine that the DJI Phantom 2 UAS are in airworthy 

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

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

Daniel W. Mills Jr. seeks the requested relief because the DJI Phantom 2 UAS do not 

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

Daniel W. Mills Jr. will ensure that the DJI Phantom 2 UAS’s are in airworthy condition based 

upon its compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI 

Phantom 2 Instruction Manual) prior to every flight, and further, determine that the aircraft are in 

condition for safe flight, as stated in the conditions and

Limitations Of Relief Daniel W. Mills Jr. Seeks And The Reason Daniel W. Mills Jr. Seeks

Relief From Section 91.121.

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

allow flight operations of the DJI Phantom 2UAS, 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
14

(GCS). Since the FAA requires that any altitude information concerning UAS operations be

reported to air traffic control (ATC) in feet above ground level (AGL), Daniel W. Mills Jr.

seeks the requested relief because the DJI Phantom 2 UA'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 Phantom 2 UAs are equipped with a barometric pressure sensor and GPS equipment,

which automatically ensures that a ground level pressure setting will be established prior to

each flight, and provides the PIC with altitude information of the UA on the heads-up display

of the GCS.

4. Extent Of Relief Daniel W. Mills Jr. Seeks And The Reason Daniel 

W. Mills Jr. Seeks Relief From Section 91.lSl(b).

Relief from Section 91.15l(b) entitled Fuel requirements for flight in VFR

conditions, is requested to the extent required to allow flights of the battery powered DJI 

Phantom 2 UAs during daylight hours in visual meteorological conditions (VMC), 

under visual flight rules (VFR), for a total duration of 13.5 minutes to the first point of 

intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 

minutes. Daniel W. Mills Jr. seeks the requested relief because without an exemption

from Section 91.151(b), the flight time duration of the battery powered DJI Phantom 2 

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

operations that Daniel W. Mills Jr. proposes to conduct pursuant to this Petition.
15

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

2 UAS, the DJI Phantom 2 operating documents, and Daniel W. Mills Jr.'s proposed 

operating limitations, ensure that Daniel W. Mills Jr. will safely operate the battery 

powered DJI Phantom 2 UAs 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. ExtentOf Relief Daniel W. Mills Jr. SeeksAndTheReasonDaniel 

W. Mills Jr. SeeksRelief From Sections 91.405(a), 91.407(a)(l),

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

Since Sections 91.405(a), 91.407(a)(l), 91.409(a)(l) & (a)(2), and 91.417(a) &

(b) only apply to aircraft with an airworthiness certificate, Daniel W. Mills Jr. requests 

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

certificates. As set forth more fully below, the DJI Phantom 2 UAS meet the conditions 

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

Daniel W. Mills Jr. to perform maintenance, alterations, or preventive maintenance on 

the UAS using the methods, techniques, and practices prescribed in the UAS operating 

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

Furthermore, Daniel W. Mills Jr. will document and maintain all maintenance records for 

the DJI Phantom 2 UAS’s.

D.The Reasons Why Granting Daniel W. Mills Jr. Request Would Be In

TheInterest; That Is, How It Would Benefit The Public As A Whole.
16

Granting the present Petition will furtherthe public interest by allowing Daniel W. 

Mills Jr. to safely, efficiently, and economically perform aerial video and photography of

construction sites,real estate, and landscape over certain areas ofthe United States.

Additionally, use of the DJI Phantom 2 UAS’s will decrease congestion ofthe

NAS, reduce pollution, and provide significant benefits to the economy. Notably, the

benefits of Daniel W. Mills Jr.'s proposed operation ofthe DJI Phantom 2 UAS will be 

realized without implicating any privacy issues.

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

The DJI Phantom 2 UAs are battery powered and serve as a safe, efficient, and

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

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

exemption allowing the use of a DJI Phantom 2 UAS would reduce the amount of manned

aircraft in the NAS, reduce noise and air pollution, as well as increase the safety of life and

property in the air and on the ground.

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

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

The DJI Phantom 2 UAS’s 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 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 TheDJI 

Phantom 2 UAS.
17

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

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

pollution generated during traditional aerial video and still photography flight operations. 

By using battery power and electric motors, the DJI Phantom 2 UAS produce no air

pollution, and is themost viable environmentally conscious alternative to the cabin class, 

six cylinder internal combustion engine aircraft that are typically utilized for aerial video 

and photography, while burning approximately 20-30 gallons per hour of leaded aviation

fuel. The DJI Phantom 2 UAs, while reducing the carbon footprint of aerial acquisitions, 

also eliminates noise pollution, as the UAs are propelled by battery powered electric 

motors, rather than an internal combustion engine.

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

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

manned aircraftflight operations, will be substantially reduced or completely eliminated. Aside

from the lack of flight crew members located onboard the aircraft, the DJI Phantom 2 UAs

(weighing approximately 2 pounds 11 ounces respectively, at their maximum gross weight

with a length of 16 inches respectively and a width of 16 inches respectively, and with no fuel

on board), hasless physical potential for collateral damage to life and property on the ground,

and in the air, compared to the manned aircraft that typically conduct similar operations

(weighing approximately 6,000 pounds with a wingspan of approximately 42 feet, a length of

34 feet, and a fuel capacity of 180gallons).
18

3.Performing Aerial Video and Photography Operations With The DJI 

Phantom 2 UAS Will Benefit The Economy.

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

economical alternative to using manned aircraft to conduct similar aerial operations. As 

such, operation of the DJI Phantom 2 UAS will allow United States based companies, 

like Daniel W. Mills Jr.’s, to remain competitive and contribute to growth of the U.S. 

economy. Specifically, with the rising cost of aviation fuel and the Environmental 

Protection Agency ("EPA") regulatory actions, phasing out leaded aviation fuels, U.S.

owned and operated companies must adopt new and alternative technology in order to 

remain competitive. Operating the battery powered DJI Phantom 2 UAS is one such 

technology that not only allows companies greater operational flexibility compared to 

manned aircraft, but provides such flexibility without the high operational cost of a 

traditional manned aircraft.

By operating the DJI Phantom 2 UAS’s, companies such as Daniel W. Mills 

Jr.’s, can remain competitive and profitable, and therefore, provide greater job stability 

to employees and contractors, which will ultimately contribute to growth of the U.S. 

economy. Improved financial performance of U.S. companies, through commercial use 

of the DJI Phantom 2 UAS, provides a stable workforce that increases consumer 

spending; improves local, state, and federal tax revenues; and allows companies to 

invest in research and development in order to remain competitive both in the United 

States and abroad.

4.There Are No Privacy Issues.

Similar to the manned aerial acquisition flight operations that have been 

conducted for decades, Daniel W. Mills Jr.'s proposed operation of the DJI Phantom 2 

UAS will not implicate any privacy issues. Specifically, the DJI Phantom 2 UAS will be 

operated only in compliance with operating documents (i.e., the Monthly Maintenance 
19

Log, and DJI Phantom 2 Instruction Manual), which requires property owner 

involvement as well as local law enforcement notification, and in accordance with the 

Federal Aviation Regulations, including the minimum altitude requirements of 14 

C.F.R. § 91.119.

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

Or How The Exemption Would Provide A Level Of Safety At Least Equal To

That Provided By The Rule From Which Daniel W. Mills Jr. Seeks Exemption.

1.Reasons Why The DJI Phantom 2 UAs Meet The Conditions Of The 

FAA Modernization and Reform Act of2012 (FMRA) Section 333.

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

the unmanned aircraft and its operation, Daniel W. Mills Jr. operation ofthe DJI Phantom 2

UAS meet the conditions of FMRA Section 333, and will not require an airworthiness

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

Section 333 provides authority for a UAS to operate without airworthiness

certification and setsforth requirements for considering whether a UAS will create a hazard to

users of the NAS or the public, or otherwise pose a threat to national security. Specifically,

FMRA Section 333 statesthe following, in part:

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

than 180 days after the date of enactment of thisAct, the Secretary of

Transportation shall determine i f certain unmanned aircraft systemsmay 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 thisAct.
20

(b) Assessment of UnmannedAircraft 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 ofsight do not create a hazard to 

users of the national airspace system or the public orpose a threat to 

national security;and

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

airworthiness certification undersection 44704 of title 49, UnitedStates

Code, is required for the operation of unmanned aircraftsystems identified 

under paragraph (1).

(c) Requirementsfor Safe Operation.--lf the Secretary determines under this section 

that certain unmanned aircraftsystems may operate safely in the national airspace

system, the Secretary shall establish requirements for the safe operation ofsuch

aircraft systems in the national airspace system.

In seeking this exemption, Daniel W. Mills Jr. submitsthat the DJI Phantom 2 UAS’s

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

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

specific operating limitations.

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

Characteristics.

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

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

capability.

i.Technical Specifications Of The DJI Phantom 2UAS.

The DJI Phantom 2 Specifications and Data Sheet, attached hereto as Exhibit A, set 

the technical specifications of the DJI Phantom 2 UAS forth.
21

ii The DJI Phantom 2UASAutonomousFlightAndNavigationModes

EnableTheUASToRemainWithin A DefinedOperationalArea.

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

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

UAS is provided at pages 17 of the DJI Phantom 2 User Manuals, attached hereto asExhibit

B.

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

Home Point Or Hover In The Event Of Loss Of The Control Link Or

Navigation.

When the Control Link is lost, the DJI Phantom 2 UAS’s will remain stationary, 

in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 2 UAS’s do not 

reacquire control link data from the GCS, the UAs will assume that the Control Link is 

lost and the UAs will return to the home position (i.e., failsafe mode) via GPS, and will 

descend to the takeoff position and shutdown.

A complete description ofthe Failsafe Functions ofthe DJI Phantom 2 UAS are set

forth at pages 25 through 26 DJI Phantom 2 User Manuals, attached hereto as Exhibit B.

iv.The DJI Phantom 2 GCSAnd Its Operation.

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

GCS and flight control software is provided at pages 31 through 34 of the DJI Phantom 2 

User Manual. DJI Phantom 2 User Manuals are attached hereto as Exhibits B.
22

b. Flight Operations Of DJI Phantom 2UAS Are Limited To The Line Of

Sight Of A Certificated Pilot in Command With A SafetyObserver.

Daniel W. Mills Jr. 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 Phantom 2 

UAS. Additionally, a safety observer will assist all pilots during flight time.

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

Specific Operating Limitations.

In seeking this exemption, Daniel W. Mills Jr. proposes to commercially operate

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

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

limitations:

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

aircraft described in the operating documents, rotorcraft UAS weighing less than 55 

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

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

amend this grant.

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

the purpose of aerial video and photography.

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

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

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

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

must be in feet AGL.

5. The UAS’s 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 thancorrective lenses, asspecified on the PIC's FAA-issued airman medical

certificate.
23

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 aslong asthe PIC always maintains VLOS capability. The SO

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

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

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

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

documents.

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

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

not permitted to operate the camera or other instruments.

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

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

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

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

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

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

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

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

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

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

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

basis upon which the FAA granted the exemption, then the operator must petition for 

amendment to its grant of exemption. The FAA's UAS Integration Office (AFS-80) 

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

documents.

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

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

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

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

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

inspection. All maintenance and alterations must be properly documented in the 

aircraft records.

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

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

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

functional test flight 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 ofthe operating documents.
24

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

maintenance, overhaul,replacement, inspection, and life limitrequirements.

14.The operator must carry out itsmaintenance, 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 ofthe authorized person returning the UAS to

service.

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

SafetyBulletins.

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

actiontaken against discrepancies discovered between inspections.

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

third- class medical certificate.

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

operator's qualification criteria and demonstrates the ability to safely operate the

UAS in a manner consistent with how the UAS will be operated under the

exemption, including evasive and emergency maneuvers and maintaining

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

qualification flight hours must be logged in amanner consistent with 14C.F.R.

§ 61.Sl(b). Flights for the purposes of training the operator's PICs are permitted

under the terms ofthe 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 14C.F.R. § 91.119.

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

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.
25

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

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

22. If the UA loses communications or loses its GPS signal, it must return to a predetermined location within the planned operating area and land or be recovered in 

accordance with the operating documents.

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

emergencies in accordance with the operating documents.

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

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

speed to the intended landing point and land the UA with 25% battery power

remaining.

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

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

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

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

operation. All operations shall be conducted in accordance with airspace 

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

potential transponder requirements.

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

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

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

Subpart C. Markings must be aslarge as practicable.

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

and control ofthe UA must comply with the Federal Communications

Commission (FCC) or other appropriate government oversight agency

requirements.

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

to the PIC at the Ground Control Station of the UAS any time the UAS is 

operating. These documents must be made available to the Administrator or any 

law enforcement official upon request.

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

operations and activities at all times.

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

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

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

vessels, vehicles, and structures unless:
26

a. Barriers orstructures are present thatsufficiently 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 non participating 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 operationsshall be conducted over private or controlled-access property

with permission fromthe 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 transgressesthe lateral or vertical

boundaries ofthe operational area as defined by the applicable COA must be

reported to the FAA1sUAS 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.

Daniel W. Mills Jr. submitsthatthe equivalent level of safety established by Section

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

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

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

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

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

Considering Daniel W. Mills Jr.’s proposed area of operations, and the operating 

limitations set forth-above; the parallel nature of private pilot aeronautical knowledge
27

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

airmanship skills necessary to safely operate the DJI Phantom 2 UAS, Daniel W. Mills Jr.

submitsthat the additional manned airmanship experience of a commercially certificated

pilot would not correlate to the airmanship skills necessary for Daniel W. Mills Jr.'s specific

proposed flight operations.

The FAA has previously granted relief from Section 61.l 13(a) and (b)specific to UAS,

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

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

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

Daniel W. Mills Jr. will not allow any PIC to operate the DJI Phantom 2 UAS unless that 

PIC has demonstrated, by meeting minimum flight-hour requirements or the DJI Phantom 2

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

UAS in amanner consistent with this exemption, including evasive and emergency maneuvers

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

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

14C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5

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

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

accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes).
28

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 Daniel W. Mills Jr.'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 ofmotion picture filming (orsimilar operations), the PIC must have

accumulated and logged, in amanner consistent with 14CFR 61.51(b), 25 hours of

total time as a UAS rotorcraft pilot including at least 10hours logged as a UAS pilot

with a multi-rotor UAS. Prior to operations under Exemption No. 11062,the PIC must

also have accumulated and logged a minimum of 5 hours as a UAS pilot operating the 

same make and model of UAS to be used for operations under the exemption. For

clarification, the FAA considersthese minimum hour requirements to be inclusive

rather thanadditive; i.e. 5 hours make and model time may be included in the 10 hours

of multi-rotor time and the 10 hours may be included in the total 25 hours of UAS

rotorcraft time. In addition to the hour requirements, the PIC must accomplish 3

takeoffs and landings in the preceding 90 days (for currency purposes). The FAA finds

that at a minimum, the flight-hour requirements in Exemption No. 11062 are

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

the petitioner's proposed operations. The FAA also findsthat prior documented flight

experience that was obtained in compliance with applicable regulations would satisfy

thisrequirement. 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 flightsthe PIC isrequired to operate the

UA with appropriate distances in accordance with 14C.F.R91.119.

 Exemption No.11138 at page 15.

Accordingly, Daniel W. Mills Jr. will ensure safe operations by not allowing any PIC to

operate the DJI Phantom 2 UAS unless that PIC has demonstrated, by meeting minimum flighthour and currency requirements, that the PIC is able to safely operate the DJI Phantom 2 UAS 

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

maintaining appropriate distances from people, vessels, vehicles and structures.
29

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, Daniel W. Mills Jr. will ensure that the DJI Phantom 2 

UAS is in an airworthy condition based upon the UAS's compliance with its operating 

documents and as stated in the conditions and limitations herein. Additionally, the FAA 

has previously granted relief from Section 91.7(a) specific to UAS, in circumstances 

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

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

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

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

Would Not Adversely Affect Safety.

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

because the altitude information of the DJI Phantom 2 UAs 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 Daniel W. Mills Jr.'s operation of the DJI Phantom 2 

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

equivalent to Section 91.121. The altitude information will be generated by GPS

equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiation 

point is automatically established by the UAS at ground level.

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

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

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

11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).
30

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

Would Not Adversely Affect Safety.

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

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

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

flight operations. Accordingly, Daniel W. Mills Jr. will ensure that it will safely operate the

battery powered DJI Phantom 2 UAs during daylight hours in VFR conditions, with enough

battery power to fly for a total duration of 13.5minutes to the first point of intended landing

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

Here, asin Exemption No. 11109,the technical specifications ofthe DJI Phantom 2

UAS; the limitations on the proposed flight operations; and the location ofthe proposed

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

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

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

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

10%remaining battery power. At the critically low battery level, the DJI Phantom UAS will

descend and land automatically.

Significantly, previous exemptions granted by the FAA concerning Section

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

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

aircraft to operate at less than the minimums prescribed in Section 91.151, including

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

relief
31

from Section 91.151 specific to UAS, in circumstances similar, in all material respects, to

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

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

11160, 11161).

6. ReasonsWhyAnExemptionFromTheRequirementsOfSections

91.405(a),91.407(a)(l),91.409(a)(l)&(a)(2),And91.417(a)&(b)Would

Not Adversely Affect Safety.

In seeking this exemption, Daniel W. Mills Jr. submitsthat the equivalent level of

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

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

because Daniel W. Mills Jr. will use trained techniciansto perform maintenance, alterations,

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

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

2 Instruction Manual). Furthermore, Daniel W. Mills Jr. will document and maintain all

maintenance records for the DJI Phantom 2UAS.

Since the DJI Phantom 2 UAS’s will be inspected as prescribed by the operating

documents, Daniel W. Mills Jr. will maintain the equivalent level of safety established by

Sections 91.405(a), 91.409(a)(l), and 91.409(a)(2). A copy ofthe DJI Phantom 2 User 

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

LOG is attached hereto as Exhibit C.

Likewise, the exemption sought will not adversely affect safety because Daniel W. 

Mills Jr. will use trained technicians to perform maintenance, alterations or preventive
32

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

prescribed by the operating documents.

Furthermore, the exemption sought would maintain an equivalent level of

safety established by Sections 91.407, 91.417(a) and 91.417(b), because all 

maintenance of the DJI Phantom 2 UAS’s 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)(l), 91.409(a)(l) & (a)(2), and 91.417(a) & (b) establish that safety is not adversely

affected when the technical characteristics and operating limitations ofthe UAS areconsidered.

In consideration of Daniel W. Mills Jr.'s proposed operating limitations, the

operating documents, and the technical aspects of the DJI Phantom 2 UAS, Daniel W. 

Mills Jr. submits that safety will not be adversely affected by granting exemption from 14

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

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

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

11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156,

11157, 11158, 11159, 11160, 11161).

7.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, Daniel W. Mills Jr.

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

DJI Phantom 2 UAS, which contain such safety standards that the
33

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.l 13(a) & (b), 91.7 (a), 91.121 ,

91.151(b), 91.405(a), 91.407(a)(l), 91.409(a)(l) & (a)(2), and 91.417(a) & (b). Such

special conditions will permit safe operation of the UAs for the limited purpose of

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

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

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

threat to national security; and further, provides the authority for such UAS to operate

without airworthiness certification in accordance with any requirements that must be

established for the safe operation of the UAS in the NAS.

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

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

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

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

following:

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

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

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

engine or propeller, he prescribes special conditions and amendments thereto for

the product. The special conditions are issued in accordance with Part 11 of this

chapter and contain such safety standards for the aircraft, aircraft engine or

propeller as the FAA finds necessary to establish a level of safety equivalent to 

that established in the regulations.

See 14C.F.R. § 21.16.

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

may prescribe special conditions for Leading Edge's intended operation of the DJI Phantom 2

UAS, which contain such safety standardsthat the
34

Administrator finds necessary to establish a level ofsafety 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, 91.15l(b), 

91.405(a), 91.407(a)(l), 91.409(a)(l) & (a)(2), and 91.417(a) & (b).

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

FromWhich Daniel W. Mills Jr. Seeks Exemption:

Daniel W. Mills Jr. seeks exemption from the requirements of 14 C.F.R Sections

61.113(a)&(b), 91.7(a), 91.121, 91.15l(b), 91.405(a), 91.407(a)(l), 91.409(a)(l) & 

(a)(2}, and91.417(a) & (b).

A Brief Description OfThe Nature OfThe Exemption Daniel W. Mills Jr. Seeks:

This exemption will permit Daniel W. Mills Jr. to commercially operate an

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

photography over certain areas of the United States.

G. Any Additional Information, Views, OrArguments Available To Support

Daniel W. Mills Jr.'sRequest.

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

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

may operate safely in the NAS. As such, Daniel W. Mills Jr.'s request for exemption may be

granted pursuant to the authority of FMRA Section 333 and 14C.F.R. Part 11, as set forth above.

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

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

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

As discussed in detail above, Daniel W. Mills Jr. will operate the DJI Phantom 2 UAS’s 

safely in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise 

pose a threat to national security.
35

CONCLUSION

As set forth herein, Daniel W. Mills Jr. seeks an exemption pursuant to 14

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

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

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

over certain areas of the United States. By granting this Petition, the FAA Administrator will be 

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

also advancing the interests of the public, by allowing Daniel W. Mills Jr. to safely, efficiently, 

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

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

Modernization and Reform Act of 2012, Section 333, Daniel W. Mills Jr. respectfully requests

that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R

Sections 61.l 13(a) & (b), 91.7(a), 91.121, 91.15l(b), 91.405(a), 91.407(a)(l),

91.409(a)(l) & (a)(2), and 91.417(a) & (b), and permit Leading Edge to operate the

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

photography over certain areas of the United States.

Dated: July 12, 2015

Respectfully submitted,

Daniel W. Mills Jr.
36

Daniel W. Mills Jr.

13515 Lake Barkley Ln

Houston, TX 77044

713-392-7741

Email:

danmills@danmillsphotography.com

Appendices:

A-DJI Phantom 2 Specifications Data Sheet

B-DJIPhantom2Manufacturer's UserManual

(specifications datasheet included in section 8.1 on page 

35)

C-Monthly Maintenance Log
37

APPENDIX -A

DJIPHANTOM2TECHNICAL SPECIFICATIONS

Daniel W. Mills Jr. only utilizes safe and reliable UAS. DJI is an industry leader in 

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

the user to set parameters which will not allow flight into controlled airspace. 

Parameters can also be set to limit flight to no higher than a predetermined and set 

altitude as well as limit flight to a predetermined and set distance. 

DJIPhantom 2

8.1 Specifications

Aircraft

Operating environment temperature -10°C to 50°C

Power consumption 5.6W

Supported Battery DJI Intelligent battery

Weight (including the battery) 1000g

Take-off Weight ≤1300g

Hovering Accuracy (Ready to Fly) Vertical: 0.8m; Horizontal: 2.5m

Max Yaw Angular Velocity 200°/s

Max Tilt Angle 35°

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

Max Flight Speed 15m/s (Not Recommended)

Wheelbase 350mm

2.4GHz Remote Controller

Operating Frequency 2.4GHz ISM

Communication Distance (open area) 1000m

Receiver Sensitivity (1%PER) -97dBm

Working Current/Voltage 120 mA@3.7V

Built-in LiPo Battery Working Current/Capacity 3.7V, 2000mAh

DJI Intelligent Battery

Type 3S LiPo Battery

Capacity 5200mAh, 11.1V

Charging Environment Range 0°C to 40°C

Discharging Environment Range -20°C to 50°C
38

APPENDIX -B

DJIPHANTOM2USER MANUAL v1.4_en.pdf

See attachment
39

APPENDIX –C

UAS MONTHLY MAINTENANCE SHEET

UAS ITEM: Date Issues 

Discovered:

Action 

Taken

Issue 

Description & 

Maintenance 

Conducted:

Maintenance 

Performed By: 

(Print name and 

signature)

Software Updates

Airframe

Antennas

Propellers

Camera/Gimbal

Landing Gear

Vibration/Dampening

Motors

Other: