1

Sept 17, 2015 

Attn:

U. S. Department of Transportation Docket Operations 

West Building Ground Floor, Room w12-140 

1200 New Jersey Ave, SE Washington, DC 20590

RE: JOE SPALDING / EARHT 2 HOME INSPECTIONS LLC 

REQUEST AN EXEMPTION FROM THE REQUIREMENTS OF TITLE 14 OF THE CODE 

OF FEDERAL REGULATIONS

SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & 

(a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL OPERATION OF DJI Phantom 

2 VISION PLUS UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF

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

Joe Spalding

President / Owner 

3638 Tulane Dr 

Decatur, Il 62522

217-519-0539 217-904-6463

earth2home@yahoo.com

TABLE OF CONTENTS
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Page 

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

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

INTRODUCTION AND INTERESTS OF PETITIONER....................................................4 

BACKGROUND....................................................................................................................4 

BASIS FOR PETITION.........................................................................................................5 

NAME AND ADDRESS OF PETITIONER.........................................................................6

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH THE EARTH 2 HOME

INSPECTIONS LLC SEEKS EXEMPTION............................................................................7 

THE EXTENT OF RELIEF THE EARTH 2 HOME INSPECTIONS LLC SEEKS AND THE 

REASON THE EARTH 2 HOME INSPECTIONS LLC SEEKS THE RELIEF ..............10

THE REASONS WHY GRANTING THE EARTH 2 HOME INSPECTIONS LLC REQUEST 

WOULD BE IN THE PUBLIC INTEREST .........................................................12

THE REASONS WHY GRANTING THE EXEMPTION TO THE EARTH 2 HOME 

INSPECTIONS LLC WOULD NOT ADVERSELY AFFECT................................14

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER...................25

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO 

SUPPORT THE EARTH 2 HOME INSPECTIONS LLC REQUEST............................25

CONCLUSION.....................................................................................................................25 

APPENDICES......................................................................................... 26

GLOSSARY OF ABBREVIATIONS
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AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation 

GCS Ground Control Station 

GPS Global Positioning System

LOL Loss of Link 

NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot In Command

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

SO Safety Observer

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing

SUMMARY
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Earth 2 Home Inspections LLC hereafter referred to as The EARTH 2 HOME INSPECTIONS 

LLC seeks exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 

91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), to operate an 

Unmanned Aircraft System (DJI Phantom 2 Vision Plus) pursuant to Section 333 of the FAA 

Modernization and Reform Act of 2012 (FMRA). This exemption will permit The EARTH 2 

HOME INSPECTIONS LLC to operate an Unmanned Aircraft System (UAS) for the 

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

and commercial real estate, over certain areas of the Illinois. 

INTRODUCTION AND INTERESTS OF THE PETITIONER

The EARTH 2 HOME INSPECTIONS LLC is a home inspection business for the real estate 

market. We will use the drone to conduct inspection of areas of the home that can be reached for 

safety reason like a roof of a 2 -3 story home it will provide us with aerial video and 

photography. The objective of The EARTH 2 HOME INSPECTIONS LLC and our Unmanned 

Aircraft System (DJI Phantom 2 Vision Plus) aerial operations is to provide a more accurate

high-quality visual inspections to our clients. 

• Construction Inspections

• Real-estate Inspections

• Home Buyer Inspections

• Home Seller Inspections

• Warranty Inspections 

My staff has safely flown small RC electric quadcopters recreationally for approximately 5 years 

without incident.

BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 2 Vision Plus, UAS

The EARTH 2 HOME INSPECTIONS LLC seeks an exemption to operate DJI Phantom 2 

Vision Plus system for compensation or hire within the NAS. The DJI Phantom 2 Vision Plus is

vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station 

(GCS) utilizing electronic tablet or smart phone systems. The DJI Phantom 2 Vision Plus has a 

maximum gross weight of approximately 2.8 lb. while having a diagonal dimension of 23.2”, a 

maximum speed of approximately 16.4’fps and a maximum flying height of 400'. The DJI 

Phantom 2 Vision Plus is equipped with four main rotors; driven by Lithium Polymer battery 

powered electric motors. 

The DJI Phantom 2 Vision Plus that will be operated by The EARTH 2 HOME INSPECTIONS 

LLC will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft, as well as 

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

Identification and Registration Marking.
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BASIS FOR PETITION

Petitioner, The EARTH 2 HOME INSPECTIONS LLC, 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 Vision Plus, UAS in the National 

Airspace System (NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.113(a) 

& (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) 

& (b). 

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

unmanned aircraft and its operation, The EARTH 2 HOME INSPECTIONS LLC operation of 

DJI Phantom 2 Vision Plus UAS meets the conditions of FMRA Section 333 and therefore, will 

not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. 

Accordingly, The EARTH 2 HOME INSPECTIONS LLC requests relief from Sections 

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth 

requirements for maintenance that only apply to aircraft with an airworthiness certificate. 

The EARTH 2 HOME INSPECTIONS LLC submits that the requested relief is proper since an 

equivalent level of safety will be ensured. The EARTH 2 HOME INSPECTIONS LLC 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 Vision Plus

Instruction Manual). Furthermore, The EARTH 2 HOME INSPECTIONS LLC will document 

and maintain all maintenance records for the DJI Phantom 2 Vision Plus UAS. 

The EARTH 2 HOME INSPECTIONS LLC seeks relief from Section 91.7(a), entitled Civil 

aircraft airworthiness, because the DJI Phantom 2 Vision Plus UAS do not require an 

airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, The EARTH 

2 HOME INSPECTIONS LLC submits that they will ensure that the DJI Phantom 2 Vision Plus

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 2 

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

The EARTH 2 HOME INSPECTIONS LLC also seeks an exemption from the requirements of 

Section 91.121, entitled Altimeter Settings, as the DJI Phantom 2 Vision Plus UAS will not have 

a typical barometric altimeter onboard. However, altitude information of the DJI Phantom 2 

Vision Plus UAS 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 The EARTH 2 

HOME INSPECTIONS LLC operation of the DJI Phantom 2 Vision Plus UAS within visual line 

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

Additionally, The EARTH 2 HOME INSPECTIONS LLC seeks an exemption from the 

requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions. The 
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EARTH 2 HOME INSPECTIONS LLC submits that safety will not be affected by operation of 

the DJI Phantom 2 Vision Plus 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 

approximately 23 minutes. Battery power indicators are also able to show exactly how much 

battery power is left, as well as how much time is needed to return safely back to point of 

takeoff.

In accordance with 14 C.F.R. § 11.81, The EARTH 2 HOME INSPECTIONS LLC provides the 

following information in support of its petition for exemption:

A. Name And Address Of The Petitioner.

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

Joe Spalding

President / Owner 

3638 Tulane Dr 

Decatur, Il 62522

217-519-0539 217-904-6463

earth2home@yahoo.com

B. The Specific Sections Of 14 C.F.R. From Which The EARTH 2 HOME INSPECTIONS 

LLC Seeks Exemption. 

1. The EARTH 2 HOME INSPECTIONS LLC 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: 
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(a) No person who holds a private pilot certificate may act as a pilot in command 

(PIC) of an aircraft that is carrying passengers or property for compensation or hire; 

nor may that person, for compensation or hire, act as PIC of an aircraft. 

(b) A private pilot may, for compensation or hire, act as PIC of an aircraft in 

connection with any business or employment if—

(1) The flight is only incidental to that business or employment; and 

(2) The aircraft does not carry passengers or property for compensation or hire. 

2. The EARTH 2 HOME INSPECTIONS LLC Seeks Exemption From The Requirements Of 

Section 91.7(a).

Section 91.7, entitled Civil aircraft airworthiness, subsection (a), states the following: 

(a) No person may operate a civil aircraft unless it is in an airworthy condition. 

3. The EARTH 2 HOME INSPECTIONS LLC Seeks Exemption From The Requirements Of 

Section 91.121. 

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

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

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

operating--

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

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

within 100 nautical miles of the aircraft; 

(ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of 

this section, the current reported altimeter setting of an appropriate available 

station; or 

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

departure airport or an appropriate altimeter setting available before 

departure. 

4. The EARTH 2 HOME INSPECTIONS LLC Seeks Exemption From The Requirements Of 

Section 91.151(b).

Section 91.151, entitled Fuel requirements for flight in VFR conditions, subsection

(b), states the following: 

(b) No person may begin a flight in a rotorcraft under VFR conditions unless 

(considering wind and forecast weather conditions) there is enough fuel to fly to the 
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first point of intended landing and, assuming normal cruising speed, to fly after that 

for at least 20 minutes. 

5. The EARTH 2 HOME INSPECTIONS LLC Seeks Exemption From The Requirement Of 

Section 91.405(a).

Section 91.405, entitled Maintenance required, subsection (a), states the following: Each 

owner or operator of an aircraft—

(a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall 

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

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

6. The EARTH 2 HOME INSPECTIONS LLC Seeks Exemption From The Requirements Of 

Section 91.407(a)(1) 

Section 91.407, entitled Operation after maintenance, preventive maintenance, 

rebuilding, or alteration, subsection (a)(1), states the following: 

(a) No person may operate any aircraft that has undergone maintenance, preventive 

maintenance, rebuilding, or alteration unless--

(1) It has been approved for return to service by a person authorized under § 43.7 

of this chapter[.] 

7. The EARTH 2 HOME INSPECTIONS LLC Seeks Exemption From The Requirements Of 

Sections 91.409(a)(1) And 91.409(a)(2). 

Section 91.409, entitled Inspections, subsection (a), states the following:

(a) Except as provided in paragraph (c) of this section, no person may operate an 

aircraft unless, within the preceding 12 calendar months, it has had --

(1) An annual inspection in accordance with part 43 of this chapter and has been 

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

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

with part 21 of this chapter. 

8. The EARTH 2 HOME INSPECTIONS LLC Seeks Exemption From The Requirements Of 

Sections 91.417(a) And 91.417(b). 

Section 91.417, entitled Maintenance records, subsections (a) and (b), state the 

following: 

(a) Except for work performed in accordance with §§ 91.411 and 91.413, each 

registered owner or operator shall keep the following records for the periods specified 

in paragraph (b) of this section: 
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(1) Records of the maintenance, preventive maintenance, and alteration and 

records of the 100-hour, annual, progressive, and other required or approved 

inspections, as appropriate, for each aircraft (including the airframe) and each 

engine, propeller, rotor, and appliance of an aircraft. The records must include--

(i) A description (or reference to data acceptable to the Administrator) of the 

work performed; and 

(ii) The date of completion of the work performed; and 

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

for return to service. 

(2) Records containing the following information: 

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

each rotor. 

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

rotor, and appliance. 

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

are required to be overhauled on a specified time basis. 

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

last inspection required by the inspection program under which the aircraft 

and its appliances are maintained. 

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

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

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

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

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

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

propellers, and appliances. 

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

prescribed: 

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

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

performed. 

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

transferred with the aircraft at the time the aircraft is sold. 
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(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 The EARTH 2 HOME INSPECTIONS LLC Seeks And The Reason 

The EARTH 2 HOME INSPECTIONS LLC Seeks The Relief. 

1. Extent Of Relief The EARTH 2 HOME INSPECTIONS LLC Seeks And The Reason The 

EARTH 2 HOME INSPECTIONS LLC Seeks Relief From Section 61.113(a) And (b). 

Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations: Pilot in 

command, is requested to the extent necessary to allow a PIC holding a private pilot or higher 

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

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

compensation or hire. 

This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a 

private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any 

business or employment if: (1) The flight is only incidental to that business or employment; and 

(2) The aircraft does not carry passengers or property for compensation or hire. 

As set forth more fully below, The EARTH 2 HOME INSPECTIONS LLC submits that an 

equivalent level of safety will be maintained because no PIC will be allowed to operate the DJI 

Phantom 2 Vision Plus 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 

Vision Plus UAS in a manner consistent with the operations specifications as described in this 

exemption, including evasive and emergency maneuvers, as well as maintaining appropriate 

distances from people, vessels, vehicles and structures.

Further, The EARTH 2 HOME INSPECTIONS LLC submits that all flights of the DJI Phantom 

2 Vision Plus UAS, conducted by the PIC pursuant to the grant of this Petition: (1) will be 

incidental to The EARTH 2 HOME INSPECTIONS LLC business; and (2) will not carry 

passengers or property for compensation or hire. 

2. Extent Of Relief The EARTH 2 HOME INSPECTIONS LLC Seeks And The Reason The 

EARTH 2 HOME INSPECTIONS LLC 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 The EARTH 2 HOME INSPECTIONS LLC to determine that the DJI Phantom 

2 Vision Plus UAS are in airworthy condition prior to every flight by ensuring that the UAS is in 

compliance with the operating documents (i.e., the EARTH 2 HOME INSPECTIONS LLC

Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 Vision Plus

Instruction Manual). 
11

The EARTH 2 HOME INSPECTIONS LLC seeks the requested relief because the DJI Phantom 

2 Vision Plus UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 

21, Subpart H. Therefore, The EARTH 2 HOME INSPECTIONS LLC will ensure that the DJI 

Phantom 2 Vision Plus UAS are in airworthy condition based upon its compliance with the 

operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 2 Vision Plus) prior to 

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

the conditions and limitations below.

3. Extent Of Relief The EARTH 2 HOME INSPECTIONS LLC Seeks And The Reason The 

EARTH 2 HOME INSPECTIONS LLC 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 2 Vision Plus UAS, which utilize a barometric pressure sensor, 

GPS equipment, and a radio communications telemetry data link to downlink altitude 

information from the UA to the PIC at the ground control station (GCS). Since the FAA requires 

that any altitude information concerning UAS operations be reported to air traffic control (ATC) 

in feet above ground level (AGL), The EARTH 2 HOME INSPECTIONS LLC seeks the 

requested relief because the DJI Phantom 2 Vision Plus 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 Vision Plus 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 The EARTH 2 HOME INSPECTIONS LLC Seeks And The Reason The 

EARTH 2 HOME INSPECTIONS LLC Seeks Relief From Section 91.151(b). 

Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is 

requested to the extent required to allow flights of the battery powered DJI Phantom 2 Vision 

Plus UAS during daylight hours in visual meteorological conditions (VMC), under visual flight 

rules (VFR), for a total duration of 23 minutes. The EARTH 2 HOME INSPECTIONS LLC 

seeks the requested relief because without an exemption from Section 91.151(b), the flight time 

duration of the battery powered DJI Phantom 2 Vision Plus UAS will severely constrain the 

practicality of any aerial video or still photo flight operations that The EARTH 2 HOME 

INSPECTIONS LLC proposes to conduct pursuant to this Petition. 

Significantly, as set forth below, the technical specifications of the DJI Phantom 2 Vision Plus

UAS, the DJI Phantom 2 Vision Plus operating documents, and The EARTH 2 HOME 

INSPECTIONS LLC proposed operating limitations, ensure that The EARTH 2 HOME 
12

INSPECTIONS LLC will safely operate the battery powered DJI Phantom 2 Vision Plus 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 23 minutes.

5. Extent Of Relief The EARTH 2 HOME INSPECTIONS LLC Seeks And The Reason The 

EARTH 2 HOME INSPECTIONS LLC Seeks Relief From Sections 91.405(a), 91.407(a)(1), 

91.409(a)(1) & (a)(2), And 91.417(a) & (b). 

Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only apply to 

aircraft with an airworthiness certificate, The EARTH 2 HOME INSPECTIONS LLC requests 

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

airworthiness certificates. As set forth more fully below, the DJI Phantom 2 Vision Plus UAS

meet the conditions of FMRA Section 333 for operation without an airworthiness certificate. 

Accordingly, The EARTH 2 HOME INSPECTIONS LLC will use trained technicians 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 The EARTH 2 

HOME INSPECTIONS LLC Aerial Operations Manual, Monthly Maintenance Log, and DJI 

Phantom 2 Vision Plus Instruction Manual). Furthermore, The EARTH 2 HOME 

INSPECTIONS LLC will document and maintain all maintenance records for the DJI Phantom 2 

Vision Plus UAS. 

D. The Reasons Why Granting The EARTH 2 HOME INSPECTIONS LLC Request Would 

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

Granting the present Petition will further the public interest by allowing The EARTH 2 HOME 

INSPECTIONS LLC to safely, efficiently, and economically perform aerial video and 

photography of construction, real estate, and properties in Illinois.

Additionally, use of the DJI Phantom 2 Vision Plus UAS will decrease congestion of the NAS, 

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

EARTH 2 HOME INSPECTIONS LLC proposed operation of the DJI Phantom 2 Vision Plus

UAS will be realized without implicating any privacy issues. 

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

The DJI Phantom 2 Vision Plus UAS are battery powered and serve as a safe, efficient, and 

economical alternative to a unsafe practice of climbing onto roofs of homes. It will provide areal 

video and photos to the inspectors to insure the public gets a well overview of the home.
13

2. The Public Will Benefit From The Safety And Efficiency Of The DJI Phantom 2 Vision 

Plus UAS. 

The DJI Phantom 3 UAS (weighing approximately 2.8 pounds at their maximum gross weight

with diagonal dimension of 23.2 inches, and with no fuel on board), has less physical potential 

for collateral damage to life and property on the ground, and in the air.

3. Performing Aerial Video and Photography Operations With The DJI Phantom 2 Vision 

Plus UAS Will Benefit The Economy. 

By operating the DJI Phantom 2 Vision Plus UAS, companies such as The EARTH 2 HOME 

INSPECTIONS LLC, 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 Safety for the inspector will result in less medical accidents from inspectors 

falling from roofs ext. Resulting in worker compensation claims and other lawsuits from injuries. 

4. There Are No Privacy Issues. 

Similar to the manned aerial acquisition flight operations that have been conducted for decades, 

The EARTH 2 HOME INSPECTIONS LLC proposed operation of the DJI Phantom 2 Vision 

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

UAS will be operated only in compliance with operating documents (i.e., the EARTH 2 HOME 

INSPECTIONS LLC Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 

Vision Plus 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 The EARTH 2 HOME INSPECTIONS LLC Seeks Exemption. 

1. Reasons Why The DJI Phantom 2 Vision Plus UAS Meet The Conditions Of The FAA 

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

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

unmanned aircraft and its operation, The EARTH 2 HOME INSPECTIONS LLC operation of 

the DJI Phantom 2 Vision Plus UAS meet the conditions of FMRA Section 333, and will not 

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

Section 333 provides authority for a UAS to operate without airworthiness certification and sets 

forth 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 states the 

following, in part: 

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

than 180 days after the date of enactment of this Act, the Secretary of Transportation 
14

shall determine if certain unmanned aircraft systems may operate safely in the 

national airspace system before completion of the plan and rulemaking required by 

section 332 of this Act or the guidance required by section 334 of this Act. 

(b) Assessment of Unmanned Aircraft Systems.--In making the determination under 

subsection (a), the Secretary shall determine, at a minimum--

(1) which types of unmanned aircraft systems, if any, as a result of their size, 

weight, speed, operational capability, proximity to airports and populated 

areas, and operation within visual line of sight do not create a hazard to users 

of the national airspace system or the public or pose a threat to national 

security; and

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

airworthiness certification under section 44704 of title 49, United States 

Code, is required for the operation of unmanned aircraft systems identified 

under paragraph (1). 

(c) Requirements for Safe Operation.--If the Secretary determines under this section 

that certain unmanned aircraft systems may operate safely in the national airspace 

system, the Secretary shall establish requirements for the safe operation of such 

aircraft systems in the national airspace system. 

In seeking this exemption, The EARTH 2 HOME INSPECTIONS LLC submits that the DJI

Phantom 2 Vision, Plus UAS can operate safely in the NAS pursuant to FMRA Section 333, as 

demonstrated by: (a) the characteristics of the DJI Phantom 2 Vision Plus UAS; (b) the pilot 

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

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

Characteristics.

The DJI Phantom 2 Vision Plus UAS does not create a hazard to users of the NAS or the public, 

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

capability. 

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, The EARTH 2 HOME INSPECTIONS LLC will ensure that the DJI Phantom 2 

Vision Plus 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. 
15

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 Vision Plus 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 The EARTH 2 HOME INSPECTIONS LLC operation of the DJI Phantom 2 Vision Plus

UAS within visual line of sight, at or below 200 feet AGL, will ensure a level of safety 

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

installed onboard the aircraft. Prior to each flight, a zero altitude initiation point is automatically

established by the 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 (e.g. Exemption Nos. 11062, 11063, 

11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 

11158, 11159, 11160, 11161). 

5. Reasons Why An Exemption From The Requirements Of Section 91.151(b) Would Not 

Adversely Affect Safety.

A grant of this exemption would ensure an equivalent level of safety established by 14 C.F.R. 

Section 91.151(b) as a result of (1) the technical specifications of the DJI Phantom 2 Vision Plus

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

flight operations. Accordingly, The EARTH 2 HOME INSPECTIONS LLC will ensure that it 

will safely operate the battery powered DJI Phantom 2 Vision Plus UAS during daylight hours in 

VFR conditions, with enough battery power to fly for a total duration of 23 minutes. 

Furthermore, safety will be ensured as the DJI Phantom 2 Vision Plus 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 2 Vision Plus

UAS will descend and land automatically. 

6. Reasons Why An Exemption From The Requirements Of Sections

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would Not Adversely 

Affect Safety. 
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In seeking this exemption, The EARTH 2 HOME INSPECTIONS LLC submits that the 

equivalent level of safety with regard to the regulatory maintenance and alteration requirements 

established by Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will 

be met because The EARTH 2 HOME INSPECTIONS LLC will use trained technicians to 

perform maintenance, alterations, or preventive maintenance on the UAS using the methods, 

techniques, and practices prescribed in the operating documents (i.e., the EARTH 2 HOME 

INSPECTIONS LLC Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 

Vision Plus

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, The EARTH 2 HOME INSPECTIONS LLC

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

2 Vision Plus UAS, which contain such safety standards that the Administrator finds necessary

to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 

14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) 

& (a)(2), and 91.417(a) & (b). Such special conditions will 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 3 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 14 C.F.R. § 21.16.

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

prescribe special conditions for Leading Edge’s intended operation of the DJI Phantom 2 Vision 

Plus UAS, which contain such safety standards that the Administrator finds necessary to 

establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 
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C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 

91.409(a)(1) & (a)(2), and 91.417(a) & (b).

• A Summary That Can Be Published In The Federal Register, stating: The 

Rules From Which The EARTH 2 HOME INSPECTIONS LLC Seeks Exemption: 

The EARTH 2 HOME INSPECTIONS LLC seeks exemption from the requirements of 14 

C.F.R Sections 61.113(a)&(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 

91.409(a)(1) & (a)(2), and 91.417(a) & (b). 

A Brief Description Of The Nature Of The Exemption The EARTH 2 HOME 

INSPECTIONS LLC Seeks: 

This exemption will permit The EARTH 2 HOME INSPECTIONS LLC to commercially 

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

and photography over certain areas of Illinois..

• Any Additional Information, Views, Or Arguments Available To Support 

The EARTH 2 HOME INSPECTIONS LLC Request. 

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

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

may operate safely in the NAS. As such, The EARTH 2 HOME INSPECTIONS LLC request for 

exemption may be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 

11, as set forth above. 

FMRA Section 333 sets forth the requirements for considering whether a 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, The EARTH 2 HOME INSPECTIONS LLC will operate the DJI 

Phantom 2 Vision Plus UAS safely in the NAS, without creating a hazard to users of the NAS, or 

the public, or otherwise pose a threat to national security. 

CONCLUSION

As set forth herein, The EARTH 2 HOME INSPECTIONS LLC 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 Vision Plus UAS commercially, without 

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

over certain areas of the Illinois. 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 The EARTH 2 HOME INSPECTIONS 
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LLC to safely, efficiently, and economically operate the DJI Phantom 2 Vision Plus UAS

commercially within the NAS. 

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

Modernization and Reform Act of 2012, Section 333, The EARTH 2 HOME INSPECTIONS 

LLC respectfully requests that the Administrator grant this Petition for an exemption from the 

requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit Leading Edge to operate the 

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

photography over certain areas of Illinois.

Dated: Sept 17, 2015

Respectfully submitted,

Joe Spalding

President / Owner 

3638 Tulane Dr 

Decatur, Il 62522

217-519-0539 217-904-6463

earth2home@yahoo.com

Appendices:

A – Link to DJI Phantom 2 Vision Plus Manual: Click on link below

http://download.djiinnovations.com/downloads/phantom_2_vision_plus/en/Phantom_2_Vision_Plus_User_Manual_v1.1.1_e

n.pdf
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