UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

Regulatory Docket No. _______________

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

AVWATCH INC.

FOR AN EXEMPTION SEEKING RELIEF 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 THE DJI PHANTOM 2 

VISION UNMANNED AIRCRAFT SYSTEM

PURSUANT TO SECTION 333 OF

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

Submitted on April 21st 2015

Zachary T. Lesinski

Avwatch Inc.

246 South Meadow Rd

Gate 6 Building S-2

Plymouth MA, 02644
Avwatch	Inc. Page	2

TABLE OF CONTENTS

Page

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

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

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

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

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

NAME AND ADDRESS OF PETITIONER....................................................................... 7

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH AVWATCH INC.

SEEKS EXEMPTION ........................................................................................................ 7

THE EXTENT OF RELIEF AVWATCH INC. SEEKS AND THE REASON

AVWATCH INC. SEEKS THE RELIEF............................................................................ 10

THE REASONS WHY GRANTING AVWATCH'S REQUEST WOULD BE

IN THE PUBLIC INTEREST ............................................................................................ 13

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT

ADVERSELY AFFECT SAFETY..................................................................................... 16

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER................. 27

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE

TO SUPPORT AVWATCH INC.'S REQUEST ................................................................ 27

CONCLUSION................................................................................................................. 28
Avwatch	Inc. Page	3

GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

C.F.R. Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

FCC Federal Communications Commission

GCS Ground Control Station

GPS Global Positioning System

NAS National Airspace System

NOTAM Notice to Airmen

OEM Original Equipment Manufacturer

PIC Pilot In Command

RTH Return To Home

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

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Sight
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VMC Visual Meteorological Conditions

VO Visual Observer

VTOL Vertical Takeoff and Landing

SUMMARY

Avwatch Inc. 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 pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This 

exemption will permit Avwatch Inc. to operate an Unmanned Aircraft System (UAS) for the commercial 

purpose of conducting aerial acquisitions within the National Airspace System (NAS).

INTRODUCTION AND INTERESTS OF THE PETITIONER

Avwatch Inc. (hereinafter referred to as “Avwatch”) is a Service-Disabled Veteran Owned Small 

Business (SDVOSB) that delivers aerial reconnaissance, Real-Time Full Motion Video (FMV), and airborne 

networking services to government and commercial clients. Avwatch is headquartered in Plymouth, 

Massachusetts.

BACKGROUND

Unmanned Aircraft System: Phantom 2 Vision UAS
Avwatch	Inc. Page	5

Avwatch seeks an exemption to operate the DJI Phantom 2 Vision UAS (Phantom 2 Vision UAS) for 

compensation or hire within the NAS. The Phantom 2 Vision UAS is comprised of a vertical takeoff and 

landing (VTOL) Unmanned Aircraft (UA) and a transportable Ground Control Station (GCS). The Phantom 2 

Vision UA has a maximum gross weight of approximately 5.5 pounds; measures approximately 12 inches in 

length, 12 inches in width, and 7 inches in height; and has maximum speed of approximately 30 knots. The 

Phantom 2 Vision UA is equipped with four rotors, each being driven by a Lithium Polymer battery powered 

electric motor.

The Phantom 2 Vision UA that will be operated by Avwatch 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.

BASIS FOR PETITION

Petitioner, Avwatch Inc., by and through undersigned counsel, pursuant to the provisions of the Federal 

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

333, Special Rules for Certain Unmanned Aircraft Systems, hereby petitions the Administrator to operate the 

Phantom 2 Vision UAS within 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 size, weight, speed, and limited operating area associated with the unmanned 

aircraft and its operation, Avwatch’s operation of the Phantom 2 Vision 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, Avwatch 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.
Avwatch	Inc. Page	6

Avwatch submits that the requested relief is proper since an equivalent level of safety will be ensured. 

All maintenance, alterations, or preventive maintenance of the Phantom 2 Vision UAS performed by Avwatch 

will be in accordance with the methods, techniques, and practices prescribed in the operating documents (i.e., 

the Phantom 2 Vision User Manual, the Phantom 2 Vision Quick Start Guide, the Phantom 2 Vision 

Checklists, the Smart Flight Battery Safety Guidelines and the Phantom Pilot Training Guide). Furthermore, 

only the Original Equipment Manufacturer (OEM) or qualified OEM maintainers will perform higher level 

inspections and maintenance per the operating documents and OEM standards. Avwatch will document and 

maintain all maintenance records for the Phantom 2 Vision UAS.

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

limitations: Pilot in command, is requested by Avwatch to the extent necessary to allow the proposed UAS 

flight operations to be conducted by a Pilot in Command (PIC) holding a private pilot 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 Phantom 2 Vision UAS in a manner consistent with this 

exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, 

vessels, vehicles and structures.

Avwatch seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, because the Phantom 2 

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

such, Avwatch submits that it will ensure that the Phantom 2 Vision UAS is in an airworthy condition, prior to 

every flight, by determining that the UAS is in compliance with the operating documents (i.e., the Phantom 2 

Vision User Manual, the Phantom 2 Vision Quick Start Guide, the Phantom 2 Vision Checklists, the Smart 

Flight Battery Safety Guidelines and the Phantom Pilot Training Guide), and that the aircraft is in a condition 

for safe flight.

Avwatch also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings, 

because the altitude reporting equipment of the Phantom 2 Vision UAS is set to zero feet above ground level 

(AGL), rather than local barometric pressure or field altitude, before each flight. The altitude information of 
Avwatch	Inc. Page	7

the Phantom 2 Vision UA is provided to the PIC via a barometric pressure sensor, Global Positioning System 

(GPS) equipment, and a radio communications telemetry data link, which downlinks from the UA to the GCS 

for active monitoring of the flight path. A level of safety equivalent to Section 91.121 will be ensured as the 

altitude of the Phantom 2 Vision UA will be reported to air traffic control (ATC) in feet AGL, and Avwatch

will operate the Phantom 2 Vision UA within visual line of sight, at or below 400 feet AGL.

Additionally, Avwatch seeks an exemption from the requirements of Section 91.151(b), entitled Fuel 

requirements for flight in VFR conditions. Avwatch submits that safety will not be affected by operation of the 

Phantom 2 Vision UA during daylight hours in visual meteorological conditions (VMC) under visual flight 

rules (VFR), with enough battery power to fly for a total duration of 20 minutes to the first point of intended 

landing and, assuming normal cruising speed, to fly after that for at least five minutes (i.e., 20 percent battery 

power remaining).

In accordance with 14 C.F.R. § 11.81, Avwatch 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 is:

Avwatch Inc.

246 South Meadow Rd 

Gate 6 Building S-2

Plymouth MA, 02644

The point of contact for this Petition and specific contact information is as follows:

Zachary T. Lesinski

Tel: (508) 280-4252

246 South Meadow Rd

Gate 6 Building S-2

Plymouth MA, 02644
Avwatch	Inc. Page	8

Email: ztl@avwatch.us

B. The Specific Sections Of 14 C.F.R. From Which Avwatch Seeks Exemption.

1. Avwatch 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)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. Avwatch 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. Avwatch 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. Avwatch 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:
Avwatch	Inc. Page	9

(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. Avwatch 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. Avwatch 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. Avwatch 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. Avwatch 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:

(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 
Avwatch	Inc. Page	10

(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.

(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 Avwatch Seeks And The Reason Avwatch Seeks The Relief.

1. Extent of Relief Avwatch Seeks And The Reason Avwatch 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 certificate, as well as an 

airman medical certificate, and who has met certain flight-hour and currency requirements, to conduct the 

proposed UAS flight operations for compensation or hire.
Avwatch	Inc. Page	11

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, Avwatch submits that an equivalent level of safety will be maintained 

because no PIC will be allowed to operate the Phantom 2 Vision UAS unless that PIC has met certain flighthour and currency requirements, demonstrating that the PIC is able to safely operate the Phantom 2 Vision 

UAS in a manner consistent with the operations specifications as set forth herein, including evasive and 

emergency maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and 

structures.

Further, Avwatch submits that all flights of the Phantom 2 Vision UAS, conducted by the PIC pursuant 

to the grant of this Petition: (1) will be incidental to Avwatch’s business; and (2) will not carry passengers or 

property for compensation or hire.

2. Extent of Relief Avwatch Seeks And The Reason Avwatch 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 Avwatch to determine that the Phantom 2 Vision UAS is in an airworthy condition prior to every flight 

by ensuring that the UAS is in compliance with the operating documents (i.e., the Phantom 2 Vision User 

Manual, the Phantom 2 Vision Quick Start Guide, the Phantom 2 Vision Checklists, the Smart Flight Battery 

Safety Guidelines and the Phantom Pilot Training Guide).

Avwatch seeks the requested relief because the Phantom 2 Vision UAS does not require an 

airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Avwatch will ensure that 

the Phantom 2 Vision UAS is in an airworthy condition based upon its compliance with the operating 

documents prior to every flight, and further, determine the aircraft is in a condition for safe flight, as stated in 

the conditions and limitations below.
Avwatch	Inc. Page	12

3. Extent of Relief Avwatch Seeks And The Reason Avwatch Seeks Relief From Section 91.121.

Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight operations of 

the Phantom 2 Vision UAS, because the Phantom 2 Vision UA’s altitude reporting equipment may be set on 

the ground to zero feet AGL, rather than local barometric pressure or field altitude, before each flight. The 

Phantom 2 Vision UAS utilizes 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).

Considering the limited altitude of the proposed operations, relief from 14 C.F.R. § 91.121 is sought to 

the extent necessary to comply with the applicable conditions and limitations stated below. As more fully set 

forth herein, a level of safety equivalent to Section 91.121 will be ensured as the altitude of the Phantom 2 

Vision UA will be reported to air traffic control (ATC) in feet above ground level (AGL), and Avwatch will 

operate the Phantom 2 Vision UA within visual line of sight, at or below 400 feet AGL.

4. Extent Of Relief Avwatch Seeks And The Reason Avwatch 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 Phantom 2 Vision UA during daylight hours in 

visual meteorological conditions (VMC), under visual flight rules (VFR) for a total duration of 20 minutes to 

the first point of intended landing and, assuming normal cruising speed, to fly after that for at least five 

minutes (i.e., 20 percent battery power remaining). Avwatch seeks the requested relief because without an 

exemption from Section 91.151(b), the flight time duration of the battery powered Phantom 2 Vision UA will 

severely constrain the practicality of any aerial acquisition and research flight operations that Avwatch 

proposes to conduct pursuant to this Petition.

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

Phantom 2 Vision UAS operating documents, and Avwatch ’s proposed operating limitations, ensure that 

Avwatch will safely operate the battery powered Phantom 2 Vision UA during daylight hours in visual 

meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fly for a total 
Avwatch	Inc. Page	13

duration of 20 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after 

that for at least five minutes (i.e., 20 percent battery power remaining).

5. Extent Of Relief Avwatch Seeks And The Reason Avwatch 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, Avwatch requests relief from these Sections because the Phantom 2 

Vision UAS does not require an airworthiness certificate. As set forth more fully below, the Phantom 2 Vision 

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

All maintenance, alterations, or preventive maintenance on the UAS of the Phantom 2 Vision UAS 

performed by Avwatch will be in accordance with the methods, techniques, and practices prescribed in the 

operating documents (i.e., the Phantom 2 Vision User Manual, the Phantom 2 Vision Quick Start Guide, the 

Phantom 2 Vision Checklists, the Smart Flight Battery Safety Guidelines and the Phantom Pilot Training 

Guide). Furthermore, only the Original Equipment Manufacturer (OEM) or qualified OEM maintainers will 

perform higher level inspections and maintenance per the operating documents and OEM standards. Avwatch 

will document and maintain all maintenance records for the Phantom 2 Vision UAS.

D. The Reasons Why Granting Avwatch’s 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 Avwatch to safely, efficiently, and 

economically perform aerial acquisitions and research within the NAS, commercially, in support of 

government entities, agriculture, scientific studies, and aviation industry. Additionally, use of the Phantom 2 

Vision UAS will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the 

economy. Notably, the benefits of Avwatch’s proposed operation of the Phantom 2 Vision UAS will be 

realized without implicating any privacy issues.

1. The Public Will Benefit From The Aerial Acquisition And Research Performed.

Avwatch submits this Petition to commercially operate the Phantom 2 Vision UAS and perform aerial 

acquisitions within the NAS, in support of government entities, agriculture, scientific studies, and aviation 
Avwatch	Inc. Page	14

industries. The Phantom 2 Vision UAS will provide safe, efficient, and economical aerial acquisition and 

research operations to further each of these fields, all of which are critical to the well-being of the general 

public.

The specific operations that Avwatch will perform with the Phantom 2 Vision UAS demonstrate how 

the requested exemption will directly benefit the above-referenced industries and the public. In the railroad, 

oil, and gas industries, the Phantom 2 Vision UAS will be used to: aid in facility inspections; survey and plan 

new worksites; survey of damage cause by storms, natural disasters, and accidents; and perform right of way 

analysis. The Phantom 2 Vision UAS may also further environmental management by mapping deforestation 

and surveying point source pollution.

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

The Phantom 2 Vision UA is battery powered and serves 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 Phantom 2 Vision 

UAS would reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, and 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 Phantom 2 Vision UA does not require 

an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial survey 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.

3. The Public Will Benefit From The Safety And Efficiency Of The Phantom 2 Vision UAS.
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Conducting aerial acquisitions with the Phantom 2 Vision UAS, instead of manned aircraft, will 

greatly benefit the public by drastically reducing the levels of air and noise pollution generated during 

traditional aerial survey flight operations. By using battery power and electric motors, the Phantom 2 Vision 

UAS produces no air pollution, and is the most viable environmentally conscious alternative to the cabin class, 

six cylinder internal combustion twin engine aircraft that are typically utilized for aerial acquisitions, and burn 

approximately 20-30gallons per hour of leaded aviation fuel. The Phantom 2 Vision UA, while reducing the 

carbon footprint of aerial acquisitions, also reduces noise pollution, as the UA is propelled by battery powered 

electric motors, rather than an internal combustion engine.

By using the Phantom 2 Vision 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 aircraft flight 

operations, will be substantially reduced or completely eliminated. Aside from the lack of flight crew members 

located onboard the aircraft, the Phantom 2 Vision UA (weighing approximately 5.5 pounds at its maximum 

gross weight; measuring approximately 14 inches diagonally; and carrying no fuel on board), has less physical 

potential for collateral damage to life and property on the ground, and in the air, compared to the manned 

aircraft that typically conduct aerial acquisitions (weighing approximately 6,500 pounds with a wingspan of 

approximately 40 feet, a length of 34 feet, and a fuel capacity of 180 gallons).

4. Performing Aerial Acquisition Operations With The Phantom 2 Vision UAS Will Benefit The 

Economy.

In addition to being safe and efficient, the Phantom 2 Vision UAS is also an economical alternative to 

using manned aircraft to conduct aerial acquisitions. As such, operation of the Phantom 2 Vision UAS will 

allow United States based companies, like Avwatch , 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 Phantom 2 
Avwatch	Inc. Page	16

Vision 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 Phantom 2 Vision UAS, companies such as Avwatch , 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 Phantom 2 Vision 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.

5. There Are No Privacy Issues.

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

Avwatch’s proposed operation of the Phantom 2 Vision UAS will not implicate any privacy issues. 

Specifically, the Phantom 2 Vision UAS will only be operated pursuant to the specific conditions and 

limitations set forth herein, and in accordance with the Federal Aviation Regulations, including the minimum 

altitude requirements of 14 C.F.R. § 91.119. Most significantly, the Phantom 2 Vision UA will not be operated 

closer than 500 feet to any person, vessel, vehicle, or structure, which is not directly involved in the operation.

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 Avwatch Seeks Exemption.

1. Reasons Why The Phantom 2 Vision UAS Meets 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, Avwatch’s operation of the Phantom 2 Vision UAS meets 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 shall determine if certain unmanned aircraft 
Avwatch	Inc. Page	17

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, Avwatch submits that the Phantom 2 Vision UAS can operate safely in the NAS 

pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the Phantom 2 Vision UAS; (b) 

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

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

The Phantom 2 Vision 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.

i. Technical Specifications Of The Phantom 2 Vision UAS.

The technical specifications of the Phantom 2 Vision UAS are set forth at page 70 of the Phantom 2 

Vision User Manual, attached hereto as Exhibit A. Exhibit A contains proprietary information and is to be held 

in a separate file pursuant to 14 C.F.R. § 11.35(b)1.

ii. The Phantom 2 Vision UAS Autonomous Flight And Navigation Modes Enable The UAS To 

Remain Within A Defined Operational Area.

The Phantom 2 Vision UAS may be operated in both semi and fully autonomous flight modes. The 

Phantom 2 Vision UAS autonomous features include the following: a GPS Position and Altitude Hold when 

the GCS controls are released to their neutral positions; a Return To Home (RTH) function; and Flight Limits 

(i.e, pre-set limitations that restrict the distance and height of the UAS flight operations).
Avwatch	Inc. Page	18

A complete description of the autonomous modes of the Phantom 2 Vision UAS is provided at pages 

32 through 41 of the Phantom 2 Vision User Manual, attached hereto as Exhibit A. Exhibit A contains 

proprietary information and is to be held in a separate file pursuant to 14 C.F.R. § 11.35(b).

iii. The Phantom 2 Vision UAS Is Designed For Automatic Return To Home Point Or AutoLand In The Event Of Loss Of The Control Link Or Navigation.

A complete description of the Failsafe Functions of the Phantom 2 Vision UAS is set forth at pages 32 

through 41 of the Phantom 2 Vision User Manual, attached hereto as Exhibit A. Exhibit A contains proprietary 

information and is to be held in a separate file pursuant to 14 C.F.R. § 11.35(b).

iv. The Phantom 2 Vision GCS And Its Operation.

A complete description of the operation and specifications of the Phantom 2 Vision GCS and its 

software is provided at pages 7 through 17 and pages 42 through 65 of the Phantom 2 Vision User Manual. 

The Phantom 2 Vision UAS is compliant with all Federal Communications Commission (FCC) requirements, 

and the radio frequency spectrum used for operation and control of the UA is set forth at page 70 of the 

Phantom 2 Vision UAS User Manual. A copy of the Phantom 2 Vision User Manual, which contains 

proprietary information, is attached hereto as Exhibit A, and is to be held in a separate file pursuant to 14 

C.F.R. § 11.35(b).

b. Flight Operations Of The Phantom 2 Vision UAS Are Limited To The Line Of Sight Of A 

Certificated Pilot in Command With

A Safety Observer.

Avwatch will only utilize certificated pilots who possess a current and valid FAA issued airman 

medical certificate to act as a pilot in command (PIC) of the Phantom 2 Vision UAS. Additionally, a safety 

observer will assist all pilots during flight operations.

c. Flights Of The Phantom 2 Vision UAS Will Be Conducted Pursuant To Specific Operating 

Limitations.
Avwatch	Inc. Page	19

In seeking this exemption, Avwatch proposes to commercially operate the Phantom 2 Vision UAS for 

the special purpose of conducting aerial acquisitions within the NAS, pursuant to the following specific 

operating limitations:

1. Operations authorized by this grant of exemption are limited to the following aircraft described in the 

operating documents, which is a quad-rotor aircraft weighing less than 6 pounds at maximum gross weight: 

DJI Phantom 2 Vision Unmanned Aircraft System. 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 

acquisitions.

3. The UA may not be flown at an indicated airspeed exceeding 30 knots.

4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL), as indicated by 

the procedures specified in the operating documents. All altitudes reported to ATC must be in feet AGL.

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

be able to use human vision unaided by any device other than corrective lenses, as specified on the 

PIC’s FAA-issued airman medical certificate.

6. The use of first person view (FPV) by the PIC or visual observer (VO) is not permitted.

7. All operations must utilize a visual observer (VO). The VO may be used to satisfy the VLOS requirement as 

long as the PIC always maintains VLOS capability. The VO and PIC must be able to communicate verbally at 

all times. Electronic messaging or texting is not permitted during flight operations. The PIC must be 

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

must ensure that the VO can perform the functions prescribed in the operating documents.

8. The VO 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 the 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 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 
Avwatch	Inc. Page	20

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 of the operating documents.

13. The operator must follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, 

replacement, inspection, and life limit requirements.

14. The operator must carry out its maintenance, 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 of the authorized person returning the UAS to service.

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

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

The PIC must also meet the flight review requirements specified in 14 C.F.R. § 61.56 in an aircraft in which 

the PIC is rated on his or her pilot 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 a 

manner consistent with 14 C.F.R. § 61.51(b). The VO is also required to complete the operator’s training 

requirements. A record of training must be documented and made available upon request by the Administrator. 

Flights for the purposes of training the operator’s PICs and VOs (training, proficiency, and experiencebuilding), are permitted under the terms of the exemption. However, training operations may only be 

conducted during dedicated training sessions. During training, proficiency, and experience-building flights, all 

persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA 

with appropriate distance from nonparticipants in accordance with 14 C.F.R. § 91.119.

19. UAS operations may not be conducted during night, as defined in 14 C.F.R. § 1.1. All operations must be 

conducted under visual meteorological conditions (VMC). 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 FAApublished 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.

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.
Avwatch	Inc. Page	21

22. If the UA loses communications or loses its GPS signal, it must return to a pre- determined 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 20% 

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 Airmen (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 14 C.F.R. part 47, and have identification (N- Number) markings in accordance with 14 

C.F.R. part 45, Subpart C. Markings must be as large as practicable.

27. Before conducting operations, the radio frequency spectrum used for operation and control of the UA must 

comply with the Federal Communications Commission (FCC) or other appropriate government oversight 

agency requirements.

28. The documents required under 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. The UA may not be operated over congested or densely populated areas.

32. Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons other than 

the PIC, VO, operator trainees or essential persons), vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris 

in the event of an accident. The operator must ensure that nonparticipating persons remain under such 

protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of 

the UA, flight operations must cease immediately 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, VO, operator trainees or essential persons do not present an undue hazard to 

those persons per § 91.119(a).
Avwatch	Inc. Page	22

33. All operations shall be conducted over private or controlled-access property with permission from the land 

owner/controller or authorized representative. Permission from land owner/controller or authorized 

representative will be obtained for each flight to be conducted.

34. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the 

operational area as defined by the applicable COA must be reported to the FAA's UAS Integration 

Office (AFS-80) within 24 hours. Accidents must be reported to the National Transportation Safety Board 

(NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov.

2. Reasons Why An Exemption From The Requirements Of Section 61.113(a) And (b) Would Not 

Adversely Affect Safety.

Avwatch submits that the equivalent level of safety established by Section 61.113(a) and (b) will be 

maintained because no PIC will be allowed to operate the Phantom 2 Vision UAS unless that PIC has 

demonstrated, by meeting minimum flight-hour and currency requirements, that the PIC is able to safely 

operate the Phantom 2 Vision UAS in a manner consistent with the exemption, including evasive and 

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

Considering Avwatch’s proposed area of operations, and the operating limitations set forth-above; the 

parallel nature of private pilot aeronautical knowledge requirements to those of commercial pilot requirements 

(See Exemption No. 11062); and the airmanship skills necessary to safely operate the Phantom 2 Vision UAS, 

Avwatch submits that the additional manned airmanship experience of a commercially certificated pilot would 

not correlate to the airmanship skills necessary for Avwatch ’s specific proposed flight operations.

The Phantom 2 Vision UAS has been the subject of multiple Grants of Exemption from Section 

61.113(a) and (b) (Exemption Nos. 11153, 11157). Additionally, the FAA has previously granted relief from 

Section 61.113(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, 11158, 11159, 11160, 11161, 11170, 11171, 11172).

Avwatch will not allow any PIC to operate the Phantom 2 Vision UAS unless that PIC has 

demonstrated, by meeting minimum flight-hour requirements or the Phantom 2 Vision UAS training and 

currency requirements, that the PIC is able to safely operate the Phantom 2 Vision UAS in a manner consistent 
Avwatch	Inc. Page	23

with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from 

people, vessels, vehicles and structures.

Specifically, the PIC must have accumulated and logged, in a manner consistent with 14

C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot including at least 10 hours

logged as a UAS pilot with a multi-rotor UAS (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 take-offs and landings in the preceding 90 days 

(for currency purposes). 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 

Avwatch ’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 of motion 

picture filming (or similar operations), the PIC must have accumulated and logged, in a manner consistent 

with 14 CFR 61.51(b), 25 hours of total time as a UAS rotorcraft pilot including at least 10 hours logged as a 

UAS pilot with a multi-rotorUAS. 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 considers these minimum hour 

requirements to be inclusive rather than additive; 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 take-offs 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 finds that prior documented flight experience that was 

obtained in compliance with applicable regulations would satisfy this requirement. 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 flights the PIC is required to operate the UA 

with appropriate distances in accordance with 14 C.F.R 91.119.

Exemption No. 11138 at page 15.

Accordingly, Avwatch will ensure safe operations by not allowing any PIC to operate the Phantom 2 

Vision UAS unless that PIC has demonstrated, by meeting minimum flight-hour and currency requirements, 

that the PIC is able to safely operate the Phantom 2 Vision UAS in a manner consistent with the exemption, 

including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, 

vehicles and structures.
Avwatch	Inc. Page	24

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, Avwatch will ensure that the Phantom 2 Vision UAS is in an airworthy condition based upon the 

Phantom 2 Vision UAS’s compliance with its operating documents (i.e., the Phantom 2 Vision User Manual, 

the Phantom 2 Vision Quick Start Guide, the Phantom 2 Vision Checklists, the Smart Flight Battery Safety 

Guidelines and the Phantom Pilot Training Guide), and as stated in the conditions and limitations herein.

The Phantom 2 Vision UAS has been the subject of multiple Grants of Exemption from Section 91.7(a) 

(Exemption Nos. 11153, 11157). 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, 11166, 11167, 11170, 11171, 11172).

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 of 

the Phantom 2 Vision UA will be reported to air traffic control (ATC) in feet above ground level (AGL), and 

Avwatch will operate the Phantom 2 Vision UA within visual line of sight, at or below 400 feet AGL. 

Furthermore, the altitude information of the Phantom 2 UA will be provided to the PIC via a barometric 

pressure sensor, 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. Prior to each flight, a zero altitude 

initiation point is automatically established by the UAS at ground level.

The Phantom 2 Vision UAS was the subject of multiple Grants of Exemption from Section 91.121 

(Exemption Nos. 11153, 1157). 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, 11166, 11167, 11170, 11171).

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

Adversely Affect Safety.
Avwatch	Inc. Page	25

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 Phantom 2 Vision UAS; (2) the limitations on the 

proposed flight operations; and (3) the location of the proposed flight operations. Accordingly, Avwatch will 

ensure that it will safely operate the battery powered Phantom 2 Vision UA during daylight hours in visual 

metrological conditions (VMC) under visual flight rules (VFR), with enough battery power to fly for a total 

duration of 20 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after 

that for at least five minutes (i.e., 20 percent battery power remaining).

Here, as in Exemption No. 11109, the technical specifications of the Phantom 2 Vision UAS; the 

limitations on the proposed flight operations; and the location of the proposed operations, will ensure an 

equivalent level of safety established by 14 C.F.R. Section 91.151(b). Furthermore, safety will be ensured as 

the Phantom 2 Vision UAS provides audible and visual warnings to the PIC at the GCS when the UA has low 

battery power remaining.

Significantly, the Phantom 2 Vision UAS has been the subject of multiple Grants of Exemption from 

Section 91.151 (Exemption Nos. 11153, 11157), and other 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 from Section 91.151 specific to UAS, in circumstances 

similar, in all material respects, to those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 

11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 

11157, 11158, 11159, 11160, 11161, 11166, 11167, 11170, 11171, 11172).

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.

In seeking this exemption, Avwatch 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 all maintenance, alterations, or preventive 
Avwatch	Inc. Page	26

maintenance of the Phantom 2 Vision UAS performed by Avwatch will be in accordance with the methods, 

techniques, and practices prescribed in the operating documents (i.e., the Phantom 2 Vision User Manual, the 

Phantom 2 Vision Quick Start

Guide, the Phantom 2 Vision Checklists, the Smart Flight Battery Safety Guidelines and the Phantom Pilot 

Training Guide). Furthermore, only the Original Equipment Manufacturer (OEM) or qualified OEM 

maintainers will perform higher level inspections and maintenance per the operating documents and OEM 

standards. Avwatch will document and maintain all maintenance records for the Phantom 2 Vision UAS.

Since the Phantom 2 UAS will be inspected as prescribed by the operating documents, Avwatch will 

maintain the equivalent level of safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). The 

following operating documents are attached hereto, identified as the following Exhibits: (A) the Phantom 2 

Vision User Manual; (B) the Phantom 2 Vision Quick Start Guide; (C) the Phantom 2 Vision Checklists; and 

(D) the Smart Flight Battery Safety Guidelines. The foregoing exhibits contain proprietary information and are 

to be held in a separate file pursuant to 14 C.F.R. § 11.35(b).

Likewise, the exemption sought will not adversely affect safety because all maintenance, alterations, or 

preventive maintenance of the Phantom 2 Vision UAS will be performed by Avwatch in accordance with the 

methods, techniques, and practices prescribed in the operating documents. Only the Original Equipment 

Manufacturer (OEM) or qualified OEM maintainers will perform higher level inspections and maintenance per 

the operating documents and OEM standards. Avwatch will document and maintain all maintenance records 

for the Phantom 2 Vision UAS.

Furthermore, an equivalent level of safety established by Sections 91.407, 91.417(a) and 91.417(b), 

because Avwatch will document and maintain all of the maintenance records for the Phantom 2 Vision UAS.

The Phantom 2 Vision UAS has been the subject of multiple Grants of Exemption from Sections 

91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b) (Exemption Nos. 11153, 11157), and 
Avwatch	Inc. Page	27

other previous exemptions granted by the FAA concerning these Sections establish that safety is not adversely 

affected when the technical characteristics and operating limitations of the UAS are considered (e.g. 

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

11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161, 11166, 11167, 11170, 11171, 11172).

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, Avwatch requests that the FAA prescribe special conditions for the 

intended operation of the Phantom 2 Vision 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 UA for the limited purpose of 

conducting aerial acquisitions within the NAS 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 Phantom 2 Vision 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
Avwatch	Inc. Page	28

prescribe special conditions for Avwatch’s intended operation of the Phantom 2 Vision 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 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).

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

Exemption:

Avwatch Inc. 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 Avwatch Seeks:

This exemption will permit Avwatch Inc. to commercially operate an Unmanned Aircraft System (UAS) for the 

purpose of conducting aerial acquisitions within the National Airspace System (NAS).

G. Any Additional Information, Views, Or Arguments Available To Support Avwatch’s 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, Avwatch’s 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, Avwatch will operate the Phantom 2 Vision 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, Avwatch 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 Phantom 2 

Vision UAS commercially, without an airworthiness certificate, for the limited purpose of conducting aerial 

acquisitions within the National Airspace System (NAS). By granting this Petition, the FAA Administrator 

will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also 
Avwatch	Inc. Page	29

advancing the interests of the public, by allowing Avwatch to safely, efficiently, and economically operate the 

Phantom 2 Vision UAS commercially within the NAS.

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

Reform Act of 2012, Section 333, Avwatch 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 Avwatch to operate the 

Phantom 2 Vision UAS commercially for the purpose of conducting aerial acquisitions within the NAS.