16 September 2015

Hon. Michael Huerta

Administrator

Federal Aviation Administration

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

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

the Federal Aviation Regulations from certain parts of the FARs.

Dear Administrator Huerta:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 

C.F.R. Part 11, Troy A. Balding (or the “Petitioner”), hereby applies for a summary exemption from the 

listed Federal Aviation Regulations (“FARs”) to allow him to operate small Unmanned Aircraft Systems 

(“sUAS”) for aerial data collection, under the conditions and limitations set forth in this Petition.

The requested exemption would permit the operation of small, unmanned and relatively inexpensive 

sUAS under controlled conditions in airspace that is (1) limited, (2) predetermined, and (3) would 

provide safety enhancements to the already safe news gathering operations presently using manned 

helicopters and airplanes. Approval of this exemption would thereby enhance safety and fulfill the FAA 

Administrator’s responsibilities to “...establish requirements for the safe operation of such aircraft 

systems in the national airspace system.” Section 333(c) of the Reform Act.

The name and address of the applicant and his Counsel:

Troy A. Balding

9558 Beauclerc Cove Road

Jacksonville, FL 32257

386-216-8407

satroyb@gmail.com

Regulations from which the exemption is requested:

14 CFR Part 21

14 C.F.R. § 45.23(b)

14 CFR § 61.3

14 C.F.R. § 91.7 (a)

14 CFR § 91.9 (b) (2)

14 C.F.R. § 91.103

14 C.F.R. § 91.109

14 C.F. R. § 91.119

14 C.F.R. § 91.121
14 CFR § 91.151 (a)

14 CFR § 91.203 (a) & (b)

14 CFR § 91.205(b)

14 CFR § 91.215

14 CFR § 91.405 (a)

14 CFR § 407 (a) (1)

14 CFR § 409 (a) (2)

14 CFR § 417 (a) & (b) 3

The Appendix describes the FARs from which an exemption is requested and summarizes the 

justification for each requested exemption.

The Petition is submitted to fulfill Congress’ goal under Section 333(a) through (c) of the Reform Act, 

which directs the Secretary of Transportation to consider whether certain unmanned aircraft systems 

may operate safely in the national airspace system (NAS) before completion of the rulemaking required 

under Section 332 of the Reform Act. In making this determination, the Administrator must determine 

which types of sUASs do not create a hazard to users of the NAS or the public or pose a threat to 

national security in light of the following:

• The sUAS’s size, weight, speed, and operational capability;

• Operation of the sUAS in close proximity to airports and populated areas; and

• Operation of the sUAS within visual line of sight of the operator.

Reform Act § 333 (a).

If the Administrator determines that such vehicles “may operate safely in the national airspace system, 

the Secretary shall establish requirements for the safe operation of such aircraft in the national airspace 

system.” Id. § 333(c) (emphasis added). The Secretary has delegated his aviation authority to the 

Administrator of the FAA. The Federal Aviation Act expressly grants the FAA the authority to grant 

exemptions from its regulatory requirements for civil aircraft, a term defined under §40101 of the Act, 

which includes sUASs. The Administrator may grant an exemption from a requirement of a regulation 

prescribed under subsection (a) or (b) of this section or any sections 44702-44716 of the Federal 

Aviation Act if Administrator finds the exemption in the public interest. 49 U.S.C. § 44701(f) See also 49 

USC § 44711(a); 49 USC § 44704; 14 CFR §91.203 (a) (1). 

Summary of Request:

As a long time radio control pilot, I am requesting an exception, and permission to use my sUAS, DJI 

Phantom 2 Vision (further in this report are the detailed specifications of the sUAS), for the purpose of 

taking aerial photos and videos for commercial interests in providing services to clients using a small 

advanced sUAS in the following areas: Real Estate, Marketing, Land Management/Surveying, and 

Special Events. All sUAS flights will occur over private or controlled access property and will do so with 

the property owner's consent and knowledge and that only people who have consented or otherwise 

have agreed to be within the sUAS’ radius during filming and photography applications.
Why the exemption would not adversely affect safety:

This can be done very safely in a controlled environment, on private property, with limited airtime 

required, extremely low noise, in uncongested areas. The sUAS will always be operated in a Visual Line 

of Sight (VLOS) environment, with an observer, and always under 400 feet.

Prior to flight, I go through a “pre-flight” checklist:

1. verifypropellers are properly secured and not damaged.

2. ensure all batteries are fully charged

a. sUAS battery

b. Transmitter/controller battery

c. Wi-Fi range extender battery

3. turn on transmitter &range extender

4. turn on sUAS battery

5. initiate a “calibration” procedure for the Compass

6. placesUAS in a safe position on the ground for takeoff

7. turn motors on

8. verify there are 6 or more satellites acquired

9. initiate takeoff

10. hover at 10– 15 feetand verify all controls are operating properly

11. initiate flight plan, as required

12. upon completion of flight plan, ensure a safe environment exists for a safe landing, and inspect sUAS 

prior to another flight for air worthiness

Description of sUAS:

The DJI Phantom 2Vision (sUAS) operates on 5.8 GHz, and weighs 2.7 pounds. Serial # PH645426151. It 

has a very sophisticated flight control system (DJI NAZA–M V2), and includes a Gyro, Compass, GPS, and 

camera that is on a single axis gimbal. The flight system includes a “Failsafe” function, where if signal is 

lost, or interference occurs with the controller, or it fly’s out of range, the sUAS will automatically return 

to its “home” position. It also provides altitude & radius flight adjustment settings, for maximum height 

and distance.

It will also “altitude hold- auto hover” if radio control sticks are released. And, in order to increase flight 

safety and prevent accidental flights in restricted areas, the new firmware for the Phantom 2 series 

includes a “No Fly Zone” feature. These zones have been divided into two categories: A - large 

international airports and, B - small local airports. http://www.dji.com/fly-safe/category. Exceeding the 

control range of the remote control will trigger ‘Return-to-Home’, meaning the Phantom 2 Vision will 

automatically fly back to its takeoff point and land safely.

Using Wi-Fi and a Wi-Fi Range Extender, the camera transmits live video to my Apple iPhone 6 Plus or 

Samsung Galaxy S3, all of which comply with FCC requirements. The DJI Vision App shows, altitude, 

direction of flight, distance from home, speed, location, number of satellites acquired, and battery level.
Pilot in Command (PIC) Background and experience:

I have approximately 5 years experience in flying radio control and wire controlled sUAS aircraft. My 

current inventory totals 3 electric aircraft. Furthermore, I have over 6 years active duty as a Naval Flight 

Officer flying on the P-3C Orion, so I am thoroughly familiar with flight rules, regulations, and the 

importance of checklists. I am still active duty, have over 1,350 flight hours, and still in a flying status. I 

have always been intrigued with any new technology, and generally have always been an early adopter. 

I would like to take advantage of my hobby skills, in a commercial way, and help generate interest within 

the general public in the safe application of sUAV’s. I have been into video and photography, as a hobby, 

my entire life. This new technology ties together, both of my long time hobbies. I am currently in 

process of getting my Sport Pilot Certificate, and I hold a valid driver’s license from the State of Florida.

Why the public would be served by granting this exemption:

I believe this is a technology that can benefit realtors and commercial businesses, in a huge way. The 

industry is anxious to have this technology enhance their ability to market properties from a totally new 

perspective, because the aerial perspective is very impressive. By increasing their marketing potential it 

can increase home sales, benefiting Realtor, buyer and seller. For the commercial business owner, that 

new aerial perspective can increase market awareness and growth, with greater recognition of business 

message, physical presence, inventory (in the case of an auto dealer) and location. 

The Petition to use a sUAS for aerial data collection and its proposed limitations are similar in all 

material respects to those approved by the FAA 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), 11213 to Aeryon Labs, Inc. (see Docket No. 

FAA−2014−0642) and 11310 to Colin Hinkle (see Docket No. FAA-2014-0608). In those grants 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 sUAS operation enabled by this exemption is in the public interest.

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

11310 also apply to the situation presented by this Petition.

Very respectfully,

Troy A. Balding
APPENDIX

FAR section Subject Justification

14 CFR § 45.23(b) Requirement to display Insufficient space on

registration number on vehicle

vehicle

14 CFR Part 21 Aircraft certification Designed for manned

requirements and aircraft; not suitable for off the-shelf

procedures sUAS

14 CFR § 61.3 Requirement for pilot Part 61 requirements

Certificate designed for manned

aircraft, not sUAS; petition

describes training for sUAS operator

14 CFR § 91.7 (a) Airworthiness requirement Designed for manned

aircraft; not suitable for off the-shelf

sUAS

14 CFR § 91.9 (b) (2) Requirement for manual to No one aboard to read

be available in the cockpit manual

14 CFR § 91.103(b) Requirement for crew Unmanned vehicle

members to be onboard

14 CFR § 91.109 Requirement for dual No one aboard to operate

controls during flight controls

instruction

14 CFR § 91.119 Minimum altitudes for safe Safety requires operation

Flight below these altitudes

14 CFR § 91.121 Altimeter settings No one aboard to read

altimeter

14 CFR § 91.151(a) Fuel requirements Vehicle does not use fuel

14 CFR § 91.203 (a) & (b) Requirement for No one aboard to read

registration and certificates

airworthiness certificates to

be onboard

14 CFR § 91.205(b) Cockpit instruments No one aboard to read
14 CFR § 91.215 Transponder requirement Vehicle has insufficient

useful load; will be

operated below ATC radar

coverage

14 CFR § 91.405 (a) Inspection requirements Designed for manned 

aircraft; not suitable for off the-shelf

sUAS

14 CFR § 91.407(a) (1) Inspection approval Designed for manned

Requirements aircraft; not suitable for off the-shelf

sUAS

14 CFR § 91.409 (a) (2) Airworthiness inspection Designed for manned

aircraft; not suitable for off the-shelf

sUAS

14 CFR § 91.417 (a) & (b) Maintenance records Designed for

Requirements manned aircraft; not

suitable for off the-shelf

sUAS
Further details of the DJI Phantom 2 Vision , and a PDF of the manual can be viewed

and downloaded here:

http://www.dji.com/product/phantom-2-vision/spec

General Features  Lightweight, multi-functional integrated aircraft and camera

 Camera remote-control by DJI VISION APP

 Range Extender increases Wi-Fi distance to 300m

 Anti-vibration camera platform with single axis stabilisation

 Low-voltage protection

 Virtual Radar aircraft locator on mobile device

 Range of camera tilt options

 Multiple, continuous and timed capture options

 HD Video Recording (1080/p30 or 1080/60i)

 RAW and JPEG picture formats

Aircraft

Battery

5200mAh LiPo

Weight (Battery & Propellers Included)

1160g

Hover 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)

Diagonal Length

350mm

Tilting Range Of Gimbal

0°-60°

Transmitter

Operating Frequency

5.728GHz-5.8GHz

Communication Distance (Open Area)

CE: 300m; FCC: 500m

Receiver Sensitivity (1%PER)

-93dBm

Transmitter Power

CE: 25mw; FCC: 125mw

Working Voltage

80 mA@6V

Battery
4 AA Batteries

Camera

Resolution

14 Megapixels

FOV

120°/ 110°/ 85°

Sensor Size

1/2.3"

Functionality

 Support of multi-capture, continuous capture and timed capture

 Support of HD Recording (1080/p30 or 1080/60i)

 Supports of both RAW and JPEG picture format

Range Extender

Operating Frequency

2412-2462MHz

Communication Distance (Open Area)

300m

Transmitter Power

<=17dBm

Power Consumption

1.5W

DJI VISION App

System Requirement Of Mobile Device

iOS version 6.1 or above/ Android system version 4.0 or above

Mobile Device Support

 iOS recommended: iPhone 4s, iPhone 5, iPhone 5s, iPhone 6, iPhone 6 Plus, iPod t

 Android recommended: Samsung Galaxy S3, S4, Note 2, Note 3 or phones of simila