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UNITED	STATES	OF	AMERICA

DEPARTMENT	OF	TRANSPORTATION

FEDERAL	AVIATION	ADMINISTRATION

WASHINGTON,	DC

Regulatory	Docket	No.	_______________

IN	THE	MATTER	OF	THE	PETITION	FOR	EXEMPTION	OF:

WALTER	G	ARCE,	SR.

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	DJI	PHANTOM	2	VISION+	AND	DJI	INSPIRE 1	UNMANNED

AIRCRAFT	SYSTEMS

PURSUANT	TO	SECTION	333	OF

THE	FAA	MODERNIZATION	AND	REFORM	ACT	OF	2012

(PUBLIC	LAW	112-95)

Submitted	on	November	5,	2015

Walter	G.	Arce,	Sr.

5528	Hammermill	Drive

Harrisburg,	NC	28075
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TABLE	OF	CONTENTS

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

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

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

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

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

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

THE	 SPECIFIC	 SECTIONS	 OF	 14	 C.F.R.	 FROM	 WHICH	 WALTER	 G	 ARCE	 SR SEEKS	

EXEMPTION................................................................................................................................................8	

THE	EXTENT	OF	RELIEF	WALTER	G	ARCE	SR SEEKS	AND	THE	REASON	

WALTER	G	ARCE	SR		SEEKS	THE	RELIEF....................................................................................11	

THE	REASONS	WHY	GRANTING	WALTER	G	ARCE	SR	REQUEST	WOULD	

BE	IN	THE PUBLIC	INTEREST	..........................................................................................................14	

THE	REASONS	WHY	GRANTING	THE	EXEMPTION	WOULD	NOT	

ADVERSELY	AFFECT	SAFETY............................................................................................................17	

CONCLUSION.............................................................................................................................................32	
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GLOSSARY OF ABBREVIATIONS

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	
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SUMMARY

 Walter G. Arce 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 

Walter G. Arce to operate an Unmanned Aircraft System (UAS) for the commercial 

purpose of conducting aerial video and photography of to be used in weddings, special 

events, sporting events, inspection purposes, real estate and news reports over certain 

areas of the United States. 

INTRODUCTION AND INTERESTS OF THE PETITIONER 

 My name is Walter G. Arce, I am 51 years old, with a 10 year military career in 

Marine Corps Aviation. I was a UH-1N Huey crew member and was assigned to HMX-1 

with President Reagan from 1985-1988. My areas of interests include photography, and 

flying. I hold a private pilot certificate with high performance and complex ratings as 

well as a current third class medical certificate. I have logged close to 600 hrs as pilot in 

command of small single engine aircraft. I also hold a valid airframes and powerplants 

license since 1989. 

The objective is to start up a veteran owned small business Aerial Video and Photography 

Service to provide high quality imaging for a variety of commercial and public uses, 

specifically targeting: 

• Utilization for visual inspection of equipment and buildings. 

• Video for Real Estate assessments 

• Wedding and Special Events. 

• Coverage of Sporting Events.
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BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 2 Vision+, DJI Inspire 1 UASs

 Walter G. Arce seeks an exemption to operate DJI systems for compensation or hire 

within the NAS. The DJI Phantom 2 Vision+ and DJI Inspire 1 are 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+ has a maximum 

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

width of 16 inches, height of 8 inches, and a maximum speed of approximately 29 knots. 

The DJI Inspire 1 has a maximum gross weight of 6 pounds 7.5 ounces, a length of 17.3 

inches, width of 17.7 inches, height of 11.8 inches, and a maximum speed of 

approximately 42 knots. The DJI Phantom 2 Vision+ and DJI Inspire 1UAs are equipped 

with four main rotors; driven by Lithium Polymer battery powered electric motors. 

 The DJI Phantom 2 Vision+ and DJI Inspire 1 UAs that will be operated by Walter G. 

Arce 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, Walter G. Arce, 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+, DJI 

Inspire 1 UASs 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, Walter G. Arce operation of DJI Phantom 2 

Vision+ and DJI Inspire 1 UASs 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, Walter G. Arce 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 
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maintenance that only apply to aircraft with an airworthiness certificate. 

 Walter G. Arce submits that the requested relief is proper since an equivalent level of 

safety will be ensured. Walter G. Arce will use experienced personnel or technicians to 

perform maintenance, alterations, or preventive maintenance on the UASs using the 

methods, techniques, and practices prescribed in the operating documents (i.e., Monthly 

Maintenance Log, and DJI Phantom 2 Vision+ and DJI Inspire 1 Instruction Manual). 

Furthermore, Walter G. Arce will document and maintain all maintenance records for the 

DJI Phantom 2 Vision+ and DJI Inspire 1 UASs. 

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

privileges and limitations: Pilot in command, is requested by Walter G. Arce to the extent 

necessary to allow a Pilot in Command (PIC) holding a private pilot or higher level 

certificate, as well as an airman medical certificate, and who has demonstrated, by 

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

operate the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs in a manner consistent with 

this exemption, including evasive and emergency maneuvers and maintaining appropriate 

distances from people, vessels, vehicles and structures. 

 Walter G. Arce seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, 

because the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs do not require an 

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

Walter G. Arce submits that he will ensure that the DJI Phantom 2 Vision+ and DJI 

Inspire 1UASs are in an airworthy condition, prior to every flight, by determining that the 

UASs are in compliance with the operating documents (i.e., Monthly Maintenance Log, 

and DJI Phantom 2 Vision+ and DJI Inspire 1 Instruction Manual), and that the aircraft 

are in a condition for safe flight. 

 Walter G. Arce also seeks an exemption from the requirements of Section 91.121, 

entitled Altimeter Settings, as the DJI Phantom 2 Vision+ and DJI Inspire 1 UAs will not 

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

Phantom 2 Vision+ and DJI Inspire 1UAs 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 Walter G. Arce’s operation of the DJI Phantom 2 

Vision+ and DJI Inspire 1 UASs within visual line of sight, at or below 500 feet AGL, 

will ensure a level of safety equivalent to Section 91.121. 
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 Additionally, Walter G. Arce seeks an exemption from the requirements of Section 

91.151(b), entitled Fuel requirements for flight in VFR conditions. Walter G. Arce

submits that safety will not be affected by operation of the DJI Phantom 2 Vision+ and 

DJI Inspire 1 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 13.5 minutes to the first point of intended landing and, assuming normal 

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

 In accordance with 14 C.F.R. § 11.81, Walter G. Arce 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:	

Walter	G.	Arce

5528	Hammermill	Drive

Harrisburg,	NC	28075

Email:		warce@actionsportsinc.com

B. The Specific Sections Of 14 C.F.R. From Which Walter G. Arce Seeks Exemption. 

1. Walter G. Arce 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. Walter G. Arce Seeks Exemption From The Requirements Of Section 

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

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

3. Walter G. Arce 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. Walter G. Arce 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 first point of 

intended landing and, assuming normal cruising speed, to fly after that for at least 20 

minutes. 

5. Walter G. Arce 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—
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(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. Walter G. Arce 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. Walter G. Arce 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. Walter G. Arce 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 
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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 
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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 Walter G. Arce Seeks And The Reason Walter G. Arce

Seeks The Relief. 

1. Extent Of Relief Walter G. Arce Seeks And The Reason Walter G. Arce 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, Walter G. Arce submits that an equivalent level of 

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

Vision+ UAS or DJI Inspire 1 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+ or DJI Inspire 1 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, Walter G. Arce submits that all flights of the DJI Phantom 2 Vision+ and DJI 

Inspire 1 UASs, conducted by the PIC pursuant to the grant of this Petition: (1) will be 
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incidental to Walter G. Arce’s business; and (2) will not carry passengers or property for 

compensation for hire.

2. Extent Of Relief Walter G. Arce Seeks And The Reason Walter G. Arce 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 Walter G. Arce to determine that the DJI Phantom 2 Vision+ and 

DJI Inspire 1 UASs are in airworthy condition prior to every flight by ensuring that the 

UAS is in compliance with the operating documents (i.e., Walter G. Arce Operations 

Manual, Monthly Maintenance Log, and DJI Phantom 2 Vision+ and DJI Inspire 1 

Instruction Manual).

 Walter G. Arce seeks the requested relief because the DJI Phantom 2 Vision+ and DJI 

Inspire 1 UASs do not require an airworthiness certificate in accordance with 14 C.F.R. 

Part 21, Subpart H. Therefore, Walter G. Arce will ensure that the DJI Phantom 2 

Vision+ and DJI Inspire 1 UASs are in airworthy condition based upon its compliance 

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

Vision+ and DJI Inspire 1 Instruction Manual) prior to every flight, and further, 

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

limitations below.

3. Extent Of Relief Walter G. Arce Seeks And The Reason Walter G. Arce 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+ and DJI Inspire 1 UASs, 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), 

Walter G. Arce seeks the requested relief because the DJI Phantom 2 Vision+ and DJI 

Inspire 1 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+ and DJI Inspire 1 UAs are equipped with 
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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 CGS.

4. Extent Of Relief Walter G. Arce Seeks And The Reason Walter G. Arce 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+ and DJI Inspire 1 UAs during daylight hours in visual meteorological conditions 

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

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

least 4.5 minutes. Walter G. Arce 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+ and DJI Inspire 1 UAs will severely constrain the practicality of any 

aerial video or still photo flight operations that Walter G. Arce proposes to conduct 

pursuant to this Petition. 

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

Vision+ and DJI Inspire 1 UASs, the DJI Phantom 2 Vision+ and DJI Inspire 1 operating 

documents, and Walter G. Arce proposed operating limitations, ensure that Walter G. 

Arce will safely operate the battery powered DJI Phantom 2 Vision+ and DJI Inspire 1 

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

flight rules (VFR), with enough battery power to fly for a total duration of 13.5 minutes 

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

for at least 45 minutes.

5.Extent Of Relief Walter G. Arce Seeks And The Reason Walter G. Arce 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, Walter G. Arce requests relief

from these Sections because the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs do not 

require airworthiness certificates. As set forth more fully below, the DJI Phantom 2 

Vision+ and DJI Inspire 1 UASs meet the conditions of FMRA Section 333 for operation 

without an airworthiness certificate. Accordingly, Walter G. Arce will use trained 

technicians to perform maintenance, alterations, or preventive maintenance on the UASs 
14

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

(i.e., the Walter G. Arce Aerial Operations Manual, Monthly Maintenance Log, and DJI 

Phantom 2 Vision+ and DJI Inspire 1 Instruction Manual). Furthermore, Walter G. Arce

will document and maintain all maintenance records for the DJI Phantom 2 Vision+ and 

DJI Inspire 1 UASs.

D. The Reasons Why Granting Walter G. Arce 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 Walter G. 

Arce to safely, efficiently, and economically perform aerial video and photography of 

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

Additionally, use of the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs will decrease 

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

Notably, the benefits of Walter G. Arce’s proposed operation of the DJI Phantom 2 

Vision+ and DJI Inspire 1 UASs will be realized without implicating any privacy issues. 

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

 The DJI Phantom 2 Vision+ and DJI Inspire 1 UAs are battery powered and serve as a 

safe, efficient, and economical alternative to the manned aircraft traditionally utilized to 

obtain aerial imagery. By reducing the amount of manned aircraft needed to perform 

aerial acquisitions, an exemption allowing the use of a DJI Phantom 2 Vision+ or DJI 

Inspire 1 UAS would reduce the amount of manned aircraft in the NAS, reduce noise and 

air pollution, as well as increase the safety of life and property in the air and on the 

ground. 

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

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

DJI Phantom 2 Vision+ and DJI Inspire 1 UAs do not require an airport to takeoff or land. 

Likewise, a reduction of manned aircraft conducting aerial video and photography 

missions would result in fewer aircraft that must be handled by air traffic control during 

the ground, takeoff, departure, arrival and landing phases of flight operations. 

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

Vision+ and DJI Inspire 1 UASs. 
15

 Conducting aerial acquisitions with the DJI Phantom 2 Vision+ and DJI Inspire 1 

UASs, instead of manned aircraft, will greatly benefit the public by drastically reducing 

the levels of air and noise pollution generated during traditional aerial video and still 

photography flight operations. By using battery power and electric motors, the DJI 

Phantom 2 Vision+ and DJI Inspire 1 UASs produce no air pollution, and is the most 

viable environmentally conscious alternative to the cabin class, six cylinder internal 

combustion engine aircraft that are typically utilized for aerial video and photography, 

while burning approximately 20-30 gallons per hour of leaded aviation fuel. The DJI 

Phantom 2 Vision+ and DJI Inspire 1 UAs, while reducing the carbon footprint of aerial 

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

electric motors, rather than an internal combustion engine. 

 By using the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs 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 DJI Phantom 2 Vision+ and DJI Inspire 1 UAs (weighing 

approximately 2 pounds 11 ounces and 6 pounds 7.5 ounces respectively, at their 

maximum gross weights with lengths of 16 inches and 17.3 inches respectively, widths of 

16 inches and 17.7 inches respectively, and with 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 similar operations (weighing 

approximately 6,000 pounds with a wingspan of approximately 42 feet, a length of 34 

feet, and a fuel capacity of 180 gallons). 

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

Vision+ and DJI Inspire 1 UASs Will Benefit The Economy. 

 In addition to being safe and efficient, the DJI Phantom 2 Vision+ and DJI Inspire 1 

UASs are also an economical alternative to using manned aircraft to conduct similar 

aerial operations. As such, operation of the DJI Phantom 2 Vision+ and DJI Inspire 1 

UASs will allow United States based companies, like Walter G. Arce to remain 

competitive and contribute to growth of the U.S. economy. Specifically, with the rising 

cost of aviation fuel and the Environmental Protection Agency (“EPA”) regulatory 

actions phasing out leaded aviation fuels, U.S. owned and operated companies must 

adopt new and alternative technology in order to remain competitive. Operating the 

battery powered DJI Phantom 2 Vision+ and DJI Inspire 1 UASs is one such technology 
16

that not only allows companies greater operational flexibility compared to manned

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

manned aircraft. 

 By operating the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs, companies such as 

Scott D Steppe, can remain competitive and profitable, and therefore, provide greater job 

stability to employees and contractors, which will ultimately contribute to growth of the 

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

use of the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs, provides a stable workforce 

that increases consumer spending; improves local, state, and federal tax revenues; and 

allows companies to invest in research and development in order to remain competitive 

both in the United States and abroad. 

4. There Are No Privacy Issues. 

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

decades, Walter G. Arce’s proposed operation of the DJI Phantom 2 Vision+ and DJI 

Inspire 1 UASs will not implicate any privacy issues. Specifically, the DJI Phantom 2 

Vision+ and DJI Inspire 1 UASs will be operated only in compliance with operating 

documents (i.e., the Walter G. Arce Aerial Operations Manual, Monthly Maintenance 

Log, and DJI Phantom 2 Vision+ and DJI Inspire 1 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 Walter G. Arce Seeks Exemption.

1. Reasons Why The DJI Phantom 2 Vision+ and DJI Inspire 1 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, Walter G. Arce’s operation of the DJI Phantom 2 

Vision+ and DJI Inspire 1 UASs 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. 
17

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 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 

operating limitations. 

(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, Walter G. Arce submits that the DJI Phantom 2 Vision+ 

and DJI Inspire 1 UASs can operate safely in the NAS pursuant to FMRA Section 333, as 

demonstrated by: (a) the characteristics of the DJI Phantom 2 Vision+ and DJI Inspire 1 

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

a. The Specifications Of The DJI Phantom 2 Vision+ and DJI Inspire 1 UASs 

Demonstrate Its Safe Characteristics. 
18

 The DJI Phantom 2 Vision+ and DJI Inspire 1 UASs do 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 DJI Phantom 2 Vision+ and DJI Inspire 1 

UAS 

 The technical specifications of the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs are 

set forth by the DJI Phantom 2 Vision+ and DJI Inspire 1 Specifications and Data Sheet, 

attached hereto as Exhibit A and B. 

ii. The DJI Phantom 2 Vision+ and DJI Inspire 1 UASs Autonomous Flight 

And Navigation Modes Enable The UASs To Remain Within A Defined 

Operational Area.

 The DJI Phantom 2 Vision+ and DJI Inspire 1 UASs may be operated in both manual 

and fully autonomous flight modes. A complete description of the flight and navigational 

modes of the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs is provided at pages 25-35 

of the DJI Phantom 2 Vision+ and pages 12-16 and 45-50 of the DJI Inspire 1 User 

Manuals, attached hereto as Exhibit C and D.

iii. The DJI Phantom 2 Vision+ and DJI Inspire 1 UASs Are Designed For 

Automatic Return To Home Point Or Hover In The Event Of Loss Of The 

Control Link Or Navigation.

 When the Control Link is lost, the DJI Phantom 2 Vision+ and DJI Inspire 1 UAs will 

remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 2 

Vision+ and DJI Inspire 1 UAs do not reacquire control link data from the GCS, the UAs 

will assume that the Control Link is lost and the UAs will return to the home position (i.e., 

failsafe mode) via GPS, and will descend to the takeoff position and shutdown. 

 A complete description of the Failsafe Functions of the DJI Phantom 2 Vision+ UAS 

are set forth at pages 27 through 29 and for the DJI Inspire 1 at pages 13 through 15 of 

the DJI Phantom 2 Vision+ and DJI Inspire 1 User Manuals, attached hereto as Exhibit C 

and D. 

iv. The DJI Phantom 2 Vision+ and DJI Inspire 1 GCS And Its Operation. 

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

Vision+ and DJI Inspire 1 GCS and flight control software is provided at pages 32 
19

through 43 of the DJI Phantom 2 Vision+ User Manual and pages 40 through 47 of the 

DJI Inspire 1 User Manual. DJI Phantom 2 Vision+ and DJI Inspire 1 User Manuals are 

attached hereto as Exhibits C and D.

b. Flight Operations Of DJI Phantom 2 Vision+ and DJI Inspire 1 UASs Are 

Limited To The Line Of Sight Of A Certificated Pilot in Command With A 

Safety Observer. 

 Walter G. Arce will only utilize certificated pilots who possess a current and valid 

airman medical certificate to act as a pilot in command (PIC) of the DJI Phantom 2 

Vision+ and DJI Inspire 1 UASs. Additionally, a safety observer will assist all pilots 

during flight time.

c. Flights Of DJI Phantom 2 Vision+ and DJI Inspire 1 UASs Will Be 

Conducted Pursuant To Specific Operating Limitations. 

In seeking this exemption, Walter G. Arce proposes to commercially operate DJI 

Phantom 2 Vision+ and DJI Inspire 1 UASs for the special purpose of conducting aerial 

video and photography over certain areas of United States, pursuant to the following 

specific operating limitations: 

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

aircraft described in the operating documents, rotorcraft UASs weighing less than 

55 pounds maximum gross weight: DJI Phantom 2 Vision+ and DJI Inspire 1 

Unmanned Aircraft Systems. Proposed operations of any other aircraft will 

require a new petition or a petition to amend this grant. 

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

the purpose of aerial video and photography. 

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

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

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

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

ATC must be in feet AGL. 
20

5. The UAs 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 safety observer (SO) is not 

permitted. 

7. All operations must utilize a safety observer (SO). The SO may be used to satisfy 

the VLOS requirement as long as the PIC always maintains VLOS capability. The 

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

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

designated before the flight and cannot transfer his or her designation for the 

duration of the flight. The PIC must ensure that the SO can perform the functions 

prescribed in the operating documents. 

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

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

not permitted to operate the camera or other instruments. 

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

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

discrepancy exists between the conditions and limitations contained in the grant 

of exemption and the procedures outlined in the operating documents, the 

conditions and limitations contained in the grant of exemption take precedence 

and must be followed. Otherwise, the operator must follow the procedures as 

outlined in its operating documents. The operator may update or revise its 

operating documents. It is the operator’s responsibility to track such revisions and 

present updated and revised documents to the Administrator upon request. The 

operator must also present updated and revised documents if it petitions for 

extension or amendment to the grant of exemption. If the operator determines that 

any update or revision would affect the basis upon which the FAA granted the 

exemption, then the operator must petition for amendment to its grant of 

exemption. The FAA’s UAS Integration Office (AFS-80) may be contacted if 

questions arise regarding updates or revisions to the operating documents. 
21

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

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

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

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

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

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

aircraft records. 

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

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

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

flight must make an entry in the aircraft records. 

12. The pre-flight inspection must account for all potential discrepancies, e.g. 

inoperable components, items, or equipment, not already covered in the relevant 

sections 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 UASs 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 thirdclass medical certificate. 

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

operator’s qualification criteria and demonstrates the ability to safely operate the 
22

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). Flights for the purposes of training the operator’s PICs 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). 

If flight at night is required, a special request will be made at the FAA office 

closest to proposed area of operations. Flights under special visual flight rules 

(SVFR) are not authorized. 

20. The UA may not operate within 5 nautical miles of an airport reference point as 

denoted on a current FAA-published aeronautical chart unless a letter of 

agreement with that airport’s management is obtained, and the operation is 

conducted in accordance with a NOTAM as required by the operator’s COA. The 

letter of agreement with the airport management must be made available to the 

Administrator upon request. 

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

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

PIC. 

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

accordance with the operating documents. 

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

in accordance with the operating documents. 

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

forecast weather conditions) there is enough power to fly at normal cruising speed 
23

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

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

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

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

Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours 

prior to the operation. All operations shall be conducted in accordance with 

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

level and potential transponder requirements. 

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

number, registered in accordance with 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 fewer than 14 C.F.R. 91.9 and 91.203 must be available 

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

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

law enforcement official upon request. 

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

operations and activities at all times. 

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

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

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

vessels, vehicles, and structures unless: 

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 
24

feet of the UA, flight operations must cease immediately and/or; 

b. The aircraft is operated near vessels, vehicles or structures where the 

owner/controller of such vessels, vehicles or structures has granted permission 

and the PIC has made a safety assessment of the risk of operating closer to those 

objects and determined that it does not present an undue hazard, and; 

c. Operations nearer to the PIC, SO, operator trainees or essential persons do not 

present an undue hazard to those persons per § 91.119(a). 

32. All 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. 

33. 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. 

 Walter G. Arce 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 DJI 

Phantom 2 Vision+ and DJI Inspire 1 UASs unless that PIC has demonstrated, by 

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

operate the DJI Phantom 2 Vision+ or DJI Inspire 1 UAS in a manner consistent with the 

exemption, including evasive and emergency maneuvers and maintaining appropriate 

distances from people, vessels, vehicles and structures. 

 Considering Walter G. Arce’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 DJI Phantom 2 Vision+ or DJI 

Inspire 1 UAS, Walter G. Arce submits that the additional manned airmanship experience 

of a commercially certificated pilot would not correlate to the airmanship skills necessary 

for Walter G. Arce’s specific proposed flight operations. 
25

 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). 

 Walter G. Arce will not allow any PIC to operate the DJI Phantom 2 Vision+ or DJI 

Inspire 1 UAS unless that PIC has demonstrated, by meeting minimum flight-hour 

requirements or the DJI Phantom 2 Vision+ or DJI Inspire 1 UAS training and currency 

requirements, that the PIC is able to safely operate the DJI Phantom 2 Vision+ or DJI 

Inspire 1 UAS in a manner consistent 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 (with a minimum of 

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

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

must accomplish 3 takeoffs and landings in the preceding 90 days (for currency 

purposes).

 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 Walter G. Arce’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-rotor UAS. Prior to operations under Exemption No. 11062, the 

PIC must also have accumulated and logged a minimum of 5 hours as a UAS pilot 

operating the same make and model of UAS to be used for operations under the 

exemption. For clarification, the FAA 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 
26

requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 

90 days (for currency purposes). The FAA finds that at a minimum, the flighthour 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, Walter G. Arce will ensure safe operations by not allowing any PIC 

to operate the DJI Phantom 2 Vision+ or DJI Inspire 1 UAS unless that PIC has 

demonstrated, by meeting minimum flight-hour and currency requirements, that the PIC 

is able to safely operate the DJI Phantom 2 Vision+ or DJI Inspire 1 UAS in a manner 

consistent with the exemption, including evasive and emergency maneuvers and 

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

2. 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, Walter G. Arce will ensure that the DJI Phantom 2 Vision+ 

or DJI Inspire 1 UAS is in an airworthy condition based upon the UAS’s compliance with 

its operating documents and as stated in the conditions and limitations herein. 

 Additionally, the FAA has previously granted relief from Section 91.7(a) specific to 

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

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

11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

3. 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+ and DJI Inspire 1 UAs 
27

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 Walter G. Arce’s operation of 

the DJI Phantom 2 Vision+ and DJI Inspire 1 UAs within visual line of sight, at or below 

500 feet AGL, will ensure a level of safety equivalent to Section 91.121. The altitude 

information will be generated by GPS equipment installed onboard the aircraft. Prior to 

each flight, a zero altitude initiation point is automatically established by the UASs 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).

4. 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+ and DJI Inspire 1 UASs; (2) the limitations on the proposed flight 

operations; and (3) the location of the proposed flight operations. Accordingly, Walter G. 

Arce will ensure that it will safely operate the battery powered DJI Phantom 2 Vision+ 

and DJI Inspire 1 UAs during daylight hours in VFR conditions, with enough battery 

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

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

Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom2 

Vision+ and DJI Inspire 1 UASs; the limitations on the proposed flight operations; and 

the location of the proposed operations, will ensure an equivalent level of 

safetyestablished by 14 C.F.R. Section 91.151(b). Furthermore, safety will be ensured as 

theDJI Phantom 2 Vision+ and DJI Inspire 1 UASs provide audible and visual warnings 

tothe 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 

Vision+ and DJI Inspire 1 UASs will descend and land automatically. 

Significantly, previous exemptions granted by the FAA concerning Section 91.151 

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

operating limitations of the UAS are considered. Relief has been granted for manned 
28

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). 

5. 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, Walter G. Arce 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 Walter G. Arce will use trained technicians to perform maintenance, 

alterations, or preventive maintenance on the UASs using the methods, techniques, and 

practices prescribed in the operating documents (i.e., the Walter G. Arce Aerial 

Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 Vision+ and DJI 

Inspire 1 Instruction Manual). Furthermore, Walter G. Arce will document and maintain 

all maintenance records for the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs. 

Since the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs will be inspected as 

prescribed by the operating documents, Walter G. Arce will maintain the equivalent level 

of safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of the 

DJI Phantom 2 Vision+ and DJI Inspire 1 User Manuals are attached hereto as Exhibit C 

and D; a copy of the DJI Phantom 2 Vision+ and DJI Inspire 1 UAS Maintenance LOG is 

attached hereto as Exhibit E. 

Likewise, the exemption sought will not adversely affect safety because Walter G. 

Arce will use trained technicians to perform maintenance, alterations or preventive 

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

operating documents. 

Furthermore, the exemption sought would maintain an equivalent level of safety 

established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the 

DJI Phantom 2 Vision+ and DJI Inspire 1 UASs will be performed by trained technicians. 

Maintenance will be documented and maintained utilizing the monthly maintenance log. 

Significantly, previous exemptions granted by the FAA concerning Sections 
29

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety 

is not adversely affected when the technical characteristics and operating limitations of 

the UAS are considered. 

In consideration of Walter G. Arce’s proposed operating limitations, the operating 

documents, and the technical aspects of the DJI Phantom 2 Vision+ and DJI Inspire 1 

UASs, Walter G. Arce submits that safety will not be adversely affected by granting 

exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 

91.417(a) and (b). The FAA has previously granted relief specific to UAS in 

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

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

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

5. 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, Walter G. Arce

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

Phantom 2 Vision+ and DJI Inspire 1 UASs, 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 2 Vision+ and DJI Inspire 1 UASs, 

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 
30

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+ and DJI Inspire 1 UASs, 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). 

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

From Which Walter G. Arce Seeks Exemption: 

 Walter G. Arce 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 Walter G. Arce Seeks: 

 This exemption will permit Walter G. Arce to commercially operate an Unmanned 

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

certain areas of the United States. 

Any Additional Information, Views, Or Arguments Available To Support Walter G. 

Arce’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, Walter G. Arce’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 
31

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, Walter G. Arce will operate the DJI Phantom 2 Vision+ 

and DJI Inspire 1 UASs safely in the NAS, without creating a hazard to users of the NAS, 

or the public, or otherwise pose a threat to national security.
32

CONCLUSION

 As set forth herein, Walter G. Arce 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+ and DJI Inspire 1 UASs 

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

aerial video and photography over certain areas of the United States. By granting this 

Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA 

Modernization and Reform Act of 2012, while also advancing the interests of the public, 

by allowing Walter G. Arce to safely, efficiently, and economically operate the DJI 

Phantom 2 Vision+ and DJI Inspire 1 UASs commercially within the NAS. 

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

Modernization and Reform Act of 2012, Section 333, Walter G. Arce 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+ and DJI Inspire 1 UASs commercially for the purpose of conducting 

aerial video and photography over certain areas of the United States.Dated: November 5, 

2015.

Respectfully submitted, 

Walter G. Arce

5528 Hammermill Drive

Harrisburg, NC 28075

(704) 791-5774
33

Appendices:

A - DJI Phantom 2 Vision+ Specifications Data Sheet 

B - DJI Inspire 1 Specifications Data Sheet 

C – DJI Phantom 2 Vision+ Manufacturer’s User Manual 

D – DJI Inspire 1 Manufacturer’s User Manual 

E – Monthly Maintenance Log 

APPENDIX – A

DJI PHANTOM 2 VISION+ TECHNICAL SPECIFICATIONS

Walter G. Arce only utilizes safe and reliable UASs. DJI is an industry leader in small 

UAS production. DJI UASs are loaded with ground breaking software enabling the user 

to set parameters which will not allow flight into controlled airspace. Parameters can also 

be set to limit flight to no higher than a predetermined and set altitude as well as limit 

flight to a predetermined and set distance. In addition, DJI software provides real-time 

altitude and location information to the PIC via the linked monitor (smart phone/tablet 

devices) 

1.1 DJI Phantom 2 Vision+ 

1.1.1 Aircraft 

1.1.1.1 Supported Battery – DJI 5200mAH LiPo Battery 

1.1.1.2 Weight (Battery & Propellers Included) – 2lbs 11.810oz (1242g)

1.1.1.3 Hover Accuracy (Ready to Fly) – Vertical: .8m; Horizontal: 2.5m 

1.1.1.4 Max Yaw Angular Velocity - 200 /s 
34

1.1.1.5 Max Tilt Angel - 35 

1.1.1.6 Max Ascent Speed – 6m/s 

1.1.1.7 Max Descent Speed – 2m/s 

1.1.1.8 Max Flight Speed – 15m/s (NOT RECOMMENDED) 

1.1.2 Gimbal 

1.1.2.1 Working Current – Static: 750mA; Dynamic: 900mA 

1.1.2.2 Control Accuracy - ±0.03 

1.1.2.3 Controllable Range – Pitch: -90 - 0 

1.1.2.4 Maximum Angular Speed – Pitch: 90 /s 

1.1.3 Camera 

1.1.3.1 Operating Temperature Range - 32 F - 104 F (0 C - 40 C) 

1.1.3.2 Sensor Size – 1/2.3” 

1.1.3.3 Effective Pixels – 14M 

1.1.3.4 Resolution – 4384x3288 

4.1.3.5 HD Video Recording – 1080p30 & 720p 

4.1.3.6 Recording Field of View - 110 /85 

1.1.4 Transmitter 

1.1.4.1 Operating Frequency – 5.728GHz – 5.85GHz 
35

1.1.4.2 Communication Distance (unobstructed) – FCC Compliance: 800m 

1.1.4.3 Receiver Sensitivity (1%PER) - -93dBm 

1.1.4.4 Transmitter Power – FCC Compliance: 100mW 

1.1.4.5 Working Voltage – 120mA@3.7V 

1.1.5 Range Extender 

1.1.5.1 Operating Frequency – 2412-2462MHz 

1.1.5.2 Communication Distance (unobstructed) – 500-700m 

1.1.5.3 Transmitter Power – 20dBm 

1.1.5.4 Power Consumption – 2W 

APPENDIX – B

DJI INSPIRE 1 TECHNICAL SPECIFICATIONS

Walter G. Arce only utilizes safe and reliable UASs. DJI is an industry leader in small 

UAS production. DJI UASs are loaded with ground breaking software enabling the user 

to set parameters which will not allow flight into controlled airspace. Parameters can also 

be set to limit flight to no higher than a predetermined and set altitude as well as limit 

flight to a predetermined and set distance. In addition, DJI software provides real-time 

altitude and location information to the PIC via the linked monitor (smart phone/tablet 

devices) 

2.2	DJI	Inspire	1	

2.2.1	Aircraft	
36

2.2.1.1	Model	– T600	

2.2.1.2	Weight	(Battery	Included)	– 6lbs	7.5291oz	(2935g)	

2.2.1.3	Hovering	Accuracy	(GPS	Mode)	– Vertical:	0.5m;	Horizontal:	2.5m	

2.2.1.4	Max	Angular	Velocity	– Pitch:	3000/s;	Yaw:	1500/s	

2.2.1.5	Max	Tilt	Angle	- 350	

2.2.1.6	Max	Ascent	Speed	– 5m/s	

2.2.1.7	Max	Descent	Speed	– 4m/s	

2.2.1.8	Max	Speed	– 22m/s	(ATTI	mode,	no	wind	– NOT	RECOMMENDED)	

2.2.1.9	Max	Flight	Altitude	– 4500m	

2.2.1.10	Max	Wind	Resistance	– 10m/s	

2.2.1.11	Max	Flight	Time	– Approximately	18	minutes	

2.2.1.12	Motor	Model	– DJI	3510	

2.2.1.13	Propeller	Model	– DJI	1345	

2.2.1.14	Operating	Temperature	Range	– 140F	to	1040F	(-100C	to	400C)	

2.2.1.15	Dimensions	– 17	1⁄4”	x	17	3⁄4”	x	12”	

2.2.2	Gimbal	

2.2.2.1	Model	– ZENMUSE	X3	

2.2.2.2	Output	Power	(with	camera)	– Static:	9W;	In	Motion:	11W	

2.2.2.3	Operating	Current	– Static:	750mA;	In	Motion:	900mA	

2.2.2.4	Angular	Vibration	Range	- ±0.030	

2.2.2.5	Mounting	– Detachable	

2.2.2.6	Controllable	Range	– Pitch:	-900	to	+300;	Pan:	±3200	

2.2.2.7	Mechanical	Range	– Pitch:	-1250	to	450;	Pan:	±3300	

2.2.2.8	Max	Controllable	Speed	– Pitch:	1200/s;	Pan:	1800/s	
37

2.2.3	Camera	

2.2.3.1	Name	– X3	

2.2.3.2	Model	– FC350	

2.2.3.3	Total	Pixels	– 12.76M	

2.2.3.4	Effective	Pixels	– 12.4M	

2.2.3.5	Image	Max	Size	– 4000x3000	

2.2.3.6	ISO	Range	– 100-3200	

2.2.3.7	Field	of	View	- 940	

2.2.3.8	CMOS	– Sony	EXMOR	1/2.3”	

2.2.3.9	HD	Video	Recording	– UHD(4K):	4096x2160p24/25,	

3840x2160p24/25/30;	FHD:	1920x1080p24/25/30/48/50/60;	HD:	

1280x720p24/25/30/48/50/60	

2.2.3.10	Operating	Temperature	Range	- 320F	- 1040F	(00C	- 400C)	

2.2.4	Transmitter	

2.2.4.1	Name	– C1	

2.2.4.2	Operating	Frequency	– 5.728-5.850GHz;	2.400-2.483GHz

2.2.4.3	Communicating Distance	(unobstructed)	– 2000m	

2.2.4.4	Output	Power	– 9W	

2.2.4.5	Operating	Temperature	Range	- 140F	to	1040F	(-100C	to	400C)	

2.2.4.6	Battery	– 600mAh	LiPo	2S	
38

APPENDIX – C

DJI INSPIRE 1 MANUFACTURER’S USER MANUAL

User manual can be found at: 

http://dl.djicdn.com/downloads/phantom_2_vision_plus/en/Phantom_2_Vision_Plu

s_User_Manual_v1.8_en.pdf

APPENDIX – D

DJI INSPIRE 1 MANUFACTURER’S USER MANUAL

User manual can be found at: 

https://dl.djicdn.com/downloads/inspire_1/en/Inspire%20_1_User_Manual__V1.8.pdf
39

APPENDIX – E

MONTHLY MAINTENANCE LOG