CORBETT PRICE LAW.

612 SPRUCE STREET

SCRANTON, PA 18503

Joeprice@CorbettPricelaw.com

570-955-7418

April 1, 2015

VIA First Class US Mail

United States Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

West Building Ground Floor Room W12-140

Washington, DC 20590

RE: Exemption Request Pursuant to Section 333 of the FAA Reform Act of 

2012 

 

Dear Sir or Madam:

We represent Kapeesh Enterprises, LLC, a Pennsylvania Limited Liability Company 

doing business as Access Aerial (“Access Aerial”). We are writing pursuant to the FAA 

Modernization and Reform Act of 2012 and the procedures contained in 14 C.F.R 11, to 

request that Access Aerial, an owner and operator of Small Unmanned Aircraft Systems, be 

exempted from the Federal Aviation Regulations listed below so that Access Aerial may 

operate its small, lightweight Unmanned Aircraft Systems (“UAS”) commercially in airspace 

regulated by the Federal Aviation Administration (“FAA”).

Founded by John Culkin of Scranton, PA and Lee DeAngelis of Jessup, PA, Access 

Aerial has become the Northeastern Pennsylvania’s leaders in capturing high definition aerial 

imagery through the use of its UASs. Mr. Culkin and Mr. DeAngelis have logged hundreds of 

flight hours over the past two (2) years with their DJI Phantom UASs, always ensuring that 

flights are conducted in a safe manner and in accordance with the FAA guidelines. Access 

Aerial has been a leading advocate for the safe and proper use of UASs by hobbyists. Through 

their videos posted to many social media outlets such as YouTube and Facebook, Access 

Aerial has garnered the attention of several print and television news sources and has utilized 

each opportunity to promote and stress the importance of hobbyists using their UASs in 

accordance with FAA regulations. 
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To this date, Access Aerial has refused a multitude of advances made by area 

businesses and individuals alike to use their aerial imagery capabilities for commercial 

purposes. Based primarily in Scranton, Pennsylvania, Access Aerial now seeks permission to 

fly its UASs commercially in the United States to capture aerial imagery for local Northeastern 

Pennsylvania Businesses and First Responders. Northeastern Pennsylvania is in dire need of 

an influx of business. Access Aerial seeks to use its expertise in the area of aerial imagery 

capturing to bring this much needed new business to the local area. Granting Access Aerial’s 

exemption will be granting Northeastern Pennsylvania the right to believe that there is 

hope on the horizon in the form of a modernization of business practices.

Respectfully Submitted,

_________________________

Joseph Gardner Price, Esq.

Corbett Price Law

612 Spruce St.

Scranton, PA 18503

Attorney ID 317300
3

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC

Regulatory Docket No. _______________

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

KAPEESH ENTERPRISES, LLC d/b/a ACCESS AERIAL 

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 PHANTOM 3

UNMANNED AIRCRAFT SYSTEMS

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012 

(PUBLIC LAW 112-95)
4

Submitted on April 1, 2015 

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 ACCESS AERIAL

SEEKS EXEMPTION.................................................................8 

THE EXTENT OF RELIEF ACCESS AERIAL SEEKS AND THE REASON 

ACCESS AERIAL SEEKS THE RELIEF.........................11 

THE REASONS WHY GRANTING ACCESS AERIAL’S REQUEST WOULD 

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

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT 

ADVERSELY AFFECT SAFETY..........................................................................19 

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER......34 

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS 

AVAILABLE TO SUPPORT ACCESS AERIAL’S REQUEST.........34 

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

APPENDICES........................................................................................37
5

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) Section 333

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
6

SUMMARY

Kapeesh Enterprises, LLC d/b/a Access Aerial (“Access Aerial”) 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 Access Aerial to operate an 

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

and photography of construction sites, real estate, special events, film sets, and landscape 

over certain areas of the United States. Access Aerial reserved two (2) Special 

Registration Numbers with the FAA: N# N113AA, ICAO Code 50033531; N# N117AA, 

ICAO Code 50043065 to ensure that their UASs are properly registered with the FAA

INTRODUCTION AND INTERESTS OF THE PETITIONER

John Culkin of Scranton, Pennsylvania and Lee DeAngelis of Jessup, Pennsylvania 

combine to make up Access Aerial. Over the past year and a half, Access Aerial has 

garnered much attention through Northeastern Pennsylvania and the Mid-Atlantic Region 

at the forefront of Unmanned Aerial Systems (UAS), namely as hobbyists using their 

UASs to capture aerial imagery in a safe, FAA approved manner. Access Aerial has 

logged hundreds of hours flying their DJI Phantom UASs with a main focus always being 

on the safety of those on the ground and in the air alike. Access Aerial has participated in 

UAS safety courses and has collaborated with other organizations such as Dart Drones to 

spread the word on the proper use of UASs in the national airspace.

Based in Scranton, Pennsylvania, Access Aerial now seeks to use their experience 

in the area of UAS aerial image capturing to bolster the stagnant economic climate that 
7

exists in Northeastern Pennsylvania. The objective of Access Aerial is to provide 

Northeastern Pennsylvania business with high quality imaging for a variety of commercial, 

public, and residential uses, specifically targeting:

 Motion Picture filming for use in various businesses media campaigns.

 Improving Local News Outlets access to high quality aerial imagery.

 Aerial acquisitions of public and private structures for use by realtors and 

property buyers alike.

 Increase public knowledge of UAS and promote safe UAS operations.

 Search and Rescue operations.

 Volunteering their services to aid the efforts of First Responders.

BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 2 Vision+ and DJI Phantom 3 UASs

Access Aerial seeks an exemption to operate DJI systems for compensation or hire 

within the NAS. The DJI Phantom 2 Vision+ and DJI Phantom 3 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+ and DJI Phantom 3

has a maximum gross weight of approximately 2 pounds 11 ounces, while having a length 

of 16 inches width of 16 inches, height of 8 inches, and a maximum speed of 

approximately 29 knots. The DJI Phantom 2 Vision+ and DJI Phantom 3 are equipped with 

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

The DJI Phantom 2 Vision+ and DJI Phantom 3 UASs that will be operated by

Jonathan Culkin and Lee DeAngelis. On November 18, 2014, Access Aerial reserved two 

(2) Special Registration Numbers with the FAA: N# N113AA, ICAO Code 50033531; N# 
8

N117AA, ICAO Code 50043065 and 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, Access Aerial, 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+ and DJI 

Phantom 3 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, Access Aerial’s operation of DJI Phantom 2 

Vision+ and DJI Phantom 3 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, Access Aerial 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. 

Access Aerial submits that the requested relief is proper since an equivalent level of 

safety will be ensured. Access Aerial 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
9

Maintenance Log, and DJI Phantom 2 Vision+ and DJI Phantom 3). Furthermore, Access 

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

and DJI Phantom 3 UASs. 

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

privileges and limitations: Pilot in command, is requested by Access Aerial to the extent 

necessary to allow a Pilot in Command (PIC) who has demonstrated that the PIC is able to 

safely operate the DJI Phantom 2 Vision+ and DJI Phantom 3 UASs in a manner consistent 

with this exemption, including evasive and emergency maneuvers and maintaining 

appropriate distances from people, vessels, vehicles and structures. An individual will 

ensure that the UAS remain in direct live-of-sight at all times that the PIC is flying the 

UAS.

Access Aerial seeks relief from Section 91.7(a), entitled Civil aircraft 

airworthiness, because the DJI Phantom 2 Vision+ and DJI Phantom 3 UASs do not 

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

such, Access Aerial submits that it will ensure that the DJI Phantom 2 Vision+ and DJI 

Phantom 3 and 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 Phantom 3), and that the aircraft are in a condition for 

safe flight. 

Access Aerial also seeks an exemption from the requirements of Section 91.121, 

entitled Altimeter Settings, as the DJI Phantom 2 Vision+ and DJI Phantom 3 will not have 

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

2 Vision+ and DJI Phantom 3 will be provided to the PIC via Global Positioning System 
10

(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 Access Aerial’s operation of the DJI Phantom 2 Vision+ and DJI Phantom 

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

equivalent to Section 91.121. 

Additionally, Access Aerial seeks an exemption from the requirements of Section 

91.151(b), entitled Fuel requirements for flight in VFR conditions. Access Aerial submits 

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

Phantom 3 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, Access Aerial 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:

Kapeesh Enterprises, LLC d/b/a Access Aerial

105 Church Street

Jessup, PA 18434

Tel: (773) 771-0168

Email: john.culkin@gmail.com; ljdeangelis@gmail.com

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

1. Access Aerial 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: 
11

(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. Access Aerial 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. Access Aerial 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. Access Aerial Seeks Exemption From The Requirements Of Section 

91.151(b).
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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. Access Aerial 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. Access Aerial 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. Access Aerial 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 
13

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

with part 21 of this chapter. 

8. Access Aerial 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 (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 
14

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 Access Aerial Seeks And The Reason Access Aerial Seeks 

The Relief. 

1. Extent Of Relief Access Aerial Seeks And The Reason Access Aerial 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 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, Access Aerial submits that an equivalent level of 

safety will be maintained because no PIC will be allowed to operate the DJI Phantom 2 
15

Vision+ and DJI Phantom 3 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+ and DJI Phantom 3 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, Access Aerial submits that all flights of the DJI Phantom 2 Vision+ and 

DJI Phantom 3 UASs, conducted by the PIC pursuant to the grant of this Petition: (1) will 

be incidental to Access Aerial’s business; and (2) will not carry passengers or property for 

compensation or hire. 

2. Extent Of Relief Access Aerial Seeks And The Reason Access Aerial 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 Access Aerial to determine that the DJI Phantom 2 Vision+ and 

DJI Phantom 3 UASs are in airworthy condition prior to every flight by ensuring that the 

UAS is in compliance with the operating documents (i.e., the Access Aerial Aerial 

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

Phantom 3). 

Access Aerial seeks the requested relief because the DJI Phantom 2 Vision+ and 

DJI Phantom 3 UASs do not require an airworthiness certificate in accordance with 14 

C.F.R. Part 21, Subpart H. Therefore, Access Aerial will ensure that the DJI Phantom 2 

Vision+ and DJI Phantom 3 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 Phantom 3 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.
16

3. Extent Of Relief Access Aerial Seeks And The Reason Access Aerial 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 Phantom 3 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), Access Aerial

seeks the requested relief because the DJI Phantom 2 Vision+ and DJI Phantom 3 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 Phantom 3 UASs are equipped 

with a barometric pressure sensor and GPS equipment, which automatically ensures that a 

ground level pressure setting will be established prior to each flight, and provides the PIC 

with altitude information of the UA on the heads-up display of the GCS. 

4. Extent Of Relief Access Aerial Seeks And The Reason Access Aerial 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 Phantom 3 UASs 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 
17

fly after that for at least 4.5 minutes. Access Aerial 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 Phantom 3 UASs will severely constrain the 

practicality of any aerial video or still photo flight operations that Access Aerial proposes 

to conduct pursuant to this Petition. 

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

Vision+ and DJI Phantom 3 UASs, the DJI Phantom 2 Vision+ and DJI Phantom 3

operating documents, and Access Aerial’s proposed operating limitations, ensure that 

Access Aerial will safely operate the battery powered DJI Phantom 2 Vision+ and DJI 

Phantom 3 during daylight hours in visual meteorological conditions (VMC), under visual 

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

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

at least 4.5 minutes.

5. Extent Of Relief Access Aerial Seeks And The Reason Access Aerial 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, Access Aerial requests relief from 

these Sections because the DJI Phantom 2 Vision+ and DJI Phantom 3 UASs do not 

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

Vision+ and DJI Phantom 3 UASs meet the conditions of FMRA Section 333 for operation 

without an airworthiness certificate. Accordingly, Access Aerial will use trained 

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

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

(i.e., the Access Aerial Aerial Operations Manual, Monthly Maintenance Log, and DJI 
18

Phantom 2 Vision+ and DJI Phantom 3 Instruction Manual). Furthermore, Access Aerial

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

DJI Phantom 3 UASs. 

D. The Reasons Why Granting Access Aerial’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 Access 

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

construction sites, real estate, special events, film sets, and landscape over certain areas of 

the United States.

Additionally, use of the DJI Phantom 2 Vision+ and DJI Phantom 3 UASs will 

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

economy. Notably, the benefits of Access Aerial’s proposed operation of the DJI Phantom 

2 Vision+ and DJI Phantom 3 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 Phantom 3 UASs 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+ 

and DJI Phantom 3 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 
19

DJI Phantom 2 Vision+ and DJI Phantom 3 UASs 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 Phantom 3 UASs. 

Conducting aerial acquisitions with the DJI Phantom 2 Vision+ and DJI Phantom 3

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 Phantom 3 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 Phantom 3 UASs, 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 Phantom 3 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 Phantom 3 (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 
20

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 Phantom 3 UASs Will Benefit The Economy. 

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

Phantom 3 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 

Phantom 3 UASs will allow United States based companies, like Access Aerial, 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 Phantom 3 UASs is one such technology that not only allows 

companies greater operational flexibility compared to manned aircraft, but provides such 

flexibility without the high operational cost of a traditional manned aircraft. 

By operating the DJI Phantom 2 Vision+ and DJI Phantom 3 UASs, companies 

such as Access Aerial, 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 Phantom 3 UASs, provides a stable 

workforce that increases consumer spending; improves local, state, and federal tax 
21

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, Access Aerial’s proposed operation of the DJI Phantom 2 Vision+ and DJI 

Phantom 3 UASs will not implicate any privacy issues. Specifically, the DJI Phantom 2 

Vision+ and DJI Phantom 3 UASs will be operated only in compliance with operating 

documents (i.e., the Access Aerial Aerial Operations Manual, Monthly Maintenance Log, 

and DJI Phantom 2 Vision+ and DJI Phantom 3 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 Access Aerial Seeks Exemption. 

1. Reasons Why The DJI Phantom 2 Vision+ and DJI Phantom 3 UASs 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, Access Aerial’s operation of the DJI 

Phantom 2 Vision+ and DJI Phantom 3 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. 

Section 333 provides authority for a UAS to operate without airworthiness 

certification and sets forth requirements for considering whether a UAS will create a 
22

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

(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, Access Aerial submits that the DJI Phantom 2 Vision+ 

and DJI Phantom 3 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 Phantom 

3 UASs; (b) the specific operating limitations. 

a. The Specifications Of The DJI Phantom 2 Vision+ and DJI Phantom 3

UASs Demonstrate Its Safe Characteristics.

The DJI Phantom 2 Vision+ and DJI Phantom 3 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. 
23

i. Technical Specifications Of The DJI Phantom 2 Vision+ and DJI 

Phantom 3 UASs. 

The technical specifications of the DJI Phantom 2 Vision+ and DJI Phantom 3

UASs are set forth by the DJI Phantom 2 Vision+ and DJI Phantom 3 Specifications and 

Data Sheet, attached hereto as Exhibit A. 

ii. The DJI Phantom 2 Vision+ and DJI Phantom 3 UASs Autonomous 

Flight And Navigation Modes Enable The UASs To Remain Within 

A Defined Operational Area. 

The DJI Phantom 2 Vision+ and DJI Phantom 3 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 Phantom 3 UASs is provided at 

pages 25-35 of the DJI Phantom 2 Vision+ and DJI Phantom 3 User Manual, attached 

hereto as Exhibit B. 

iii. The DJI Phantom 2 Vision+ and DJI Phantom 3 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 Phantom 3

UASs will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI 

Phantom 2 Vision+ and DJI Phantom 3 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+ and 

DJI Phantom 3 UAS are set forth at pages 13 through 15 of the DJI Phantom 2 Vision+ 

and DJI Phantom 3 attached hereto as Exhibit B. 

iv. The DJI Phantom 2 Vision+ and DJI Phantom 3 GCS And Its 

Operation.
24

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

Vision+ and DJI Phantom 3 GCS and flight control software is provided at pages 32 

through 43 of the DJI Phantom 2 Vision+ and DJI Phantom 3 User Manual 

b. Flight Operations Of DJI Phantom 2 Vision+ and DJI Phantom 3 Are 

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

A Safety Observer. 

Access Aerial 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 Phantom 3 UASs. Additionally, a safety observer will assist all pilots 

during flight time. 

c. Flights Of DJI Phantom 2 Vision+ and DJI Phantom 3 UASs Will Be 

Conducted Pursuant To Specific Operating Limitations. 

In seeking this exemption, Access Aerial proposes to commercially operate DJI 

Phantom 2 Vision+ and DJI Phantom 3 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 

Phantom 3 Unmanned Aircraft Systems. Proposed operations of any other 

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

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

for the purpose of aerial video and photography. 

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

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

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

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

reported to ATC must be in feet AGL. 

5. The UAs 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 
25

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. 

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. 
26

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 

third- class medical certificate. 

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

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

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

exemption, including evasive and emergency maneuvers and maintaining 

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

qualification flight hours must be logged in 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.
27

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 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.
28

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 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.

Access Aerial 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 Phantom 3 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+ and DJI Phantom 3 UAS in a manner consistent with 

the exemption, including evasive and emergency maneuvers and maintaining appropriate 

distances from people, vessels, vehicles and structures. 
29

Considering Access Aerial’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+ and DJI 

Phantom 3, Access Aerial submits that the additional manned airmanship experience of a 

commercially certificated pilot would not correlate to the airmanship skills necessary for 

Access Aerial’s specific proposed flight operations. 

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). 

Access Aerial will not allow any PIC to operate the DJI Phantom 2 Vision+ and 

DJI Phantom 3 UAS unless that PIC has demonstrated, by meeting minimum flight-hour 

requirements or the DJI Phantom 2 Vision+ and DJI Phantom 3 that the PIC is able to 

safely operate the DJI Phantom 2 Vision+ and DJI Phantom 3 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). 
30

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 Access Aerial’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 requirements, the 

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

currency purposes). The FAA finds that at a minimum, the flight-hour requirements 

in Exemption No. 11062 are appropriate to practice and build proficiency in the 

skills necessary to safely conduct the petitioner’s proposed operations. The FAA 

also 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, Access Aerial will ensure safe operations by not allowing any PIC to 

operate the DJI Phantom 2 Vision+ and DJI Phantom 3 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+ and DJI Phantom 3 UAS in a manner 

consistent with the exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from people, vessels, vehicles and structures. 
31

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, Access Aerial will ensure that the DJI Phantom 2 Vision+ 

and DJI Phantom 3 UAS is in an airworthy condition based upon the UAS’s compliance 

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

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

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

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

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

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

Would Not Adversely Affect Safety.

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

because the altitude information of the DJI Phantom 2 Vision+ and DJI Phantom 3 UASs 

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 Access Aerial’s operation of the DJI 

Phantom 2 Vision+ and DJI Phantom 3 UASs 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 
32

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

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

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

Would Not Adversely Affect Safety.

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

14 C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the DJI 

Phantom 2 Vision+ and DJI Phantom 3 UASs; (2) the limitations on the proposed flight 

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

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

and DJI Phantom 3 UASs 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 Phantom 2 

Vision+ and DJI Phantom 3 UASs; 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 DJI 

Phantom 2 Vision+ and DJI Phantom 3 UASs provide audible and visual warnings to the 

PIC at the GCS when the UAs experiences low battery voltage, the first warning occurring 

at approximately 33% remaining battery power, and again at approximately 10% 

remaining battery power. At the critically low battery level, the DJI Phantom Vision+ 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 
33

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). 

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, Access Aerial 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 Access Aerial 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 Access Aerial Aerial Operations Manual, 

Monthly Maintenance Log, and DJI Phantom 2 Vision+ and DJI Phantom 3 nstruction 

Manual). Furthermore, Access Aerial will document and maintain all maintenance records 

for the DJI Phantom 2 Vision+ and DJI Phantom 3 1 UASs. 

Since the DJI Phantom 2 Vision+ and DJI Phantom 3 UASs will be inspected as 

prescribed by the operating documents, Access Aerial 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 Phantom 3 User Manuals are attached hereto as Exhibit B; a 

copy of the DJI Phantom 2 Vision+ and DJI Phantom 3 Maintenance LOG is attached 

hereto as Exhibit C. 
34

Likewise, the exemption sought will not adversely affect safety because Access

Aerial 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 Phantom 3 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 

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 Access Aerial’s proposed operating limitations, the operating 

documents, and the technical aspects of the DJI Phantom 2 Vision+ and DJI Phantom 3

UASs, Access Aerial 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). 

7. The FAA May Prescribe Any Other Conditions For Safe Operation. 
35

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, Access Aerial requests that the 

FAA prescribe special conditions for the intended operation of the DJI Phantom 2 Vision+ 

and DJI Phantom 3 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 Phantom 3 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 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. 
36

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 Phantom 3 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).

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

From Which Access Aerial Seeks Exemption: 

Access Aerial 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 Access Aerial Seeks: 

This exemption will permit Access Aerial to commercially operate an Unmanned 

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

over certain areas of the United States.

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

Aerial’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, Access Aerial’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 
37

security; and further, provides the authority for such UAS to operate without airworthiness 

certification. 

As discussed in detail above, Access Aerial will operate the DJI Phantom 2 

Vision+ and DJI Phantom 3 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. 

CONCLUSION

As set forth herein, Access Aerial 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 Phantom 3 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 Access Aerial to safely, efficiently, and economically operate the DJI Phantom 

2 Vision+ and DJI Phantom 3 UASs commercially within the NAS. 

More importantly, granting Access Aerial this exemption will allow for Scranton 

and the rest of Northeastern Pennsylvania to advance its economy and provide a new and 

refreshing business to the area. Granting Access Aerial’s exemption will be granting 

Northeastern Pennsylvania the right to believe that there is hope on the horizon in the form 

of a modernization of business practices.

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

Modernization and Reform Act of 2012, Section 333, Access Aerial respectfully requests 
38

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 Phantom 3 UASs commercially for the purpose of conducting 

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

Dated: April 1, 2015

Respectfully submitted,

Access Aerial

1015 Church Street

Jessup, PA 18434

_________________________

John Culkin

_________________________

Lee DeAngelis

Appendices:

A – DJI Phantom 2 Vision+ and DJI Phantom 3 Specifications Data Sheet

B – DJI Phantom 2 Vision+ and DJI Phantom 3 Manufacturer’s User Manual

C – Monthly Maintenance Procedures and Log
39

APPENDIX – A

DJI PHANTOM 2 VISION+ AND DJI PHANTOM 3 TECHNICAL 

SPECIFICATIONS

Access Aerial 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)

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 - 2000/s

1.1.1.5 Max Tilt Angel - 350

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 - ±0.030

1.1.2.3 Controllable Range – Pitch: -900 - 00

1.1.2.4 Maximum Angular Speed – Pitch: 900/s

1.1.3 Camera

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

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 - 1100/850

1.1.4 Transmitter

1.1.4.1 Operating Frequency – 5.728GHz – 5.85GHz

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
40

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

DJI Phantom 3 Professional 

Performance

Maximum Speed

Ascent: 16.4' fps / 5 m/s

Descent: 9.8' / 3 m

Hover Accuracy

Vertical: ±3.9" / 10 cm

Horizontal: ±3.3' / 1 m

Maximum Altitude Above Sea Level: 19,685' / 6000 m

Flight Time 23 minutes (depending on conditions)

Flight Control System

GPS Mode GPS / GLONASS

Vision Positioning

Frequency: 50 Hz

Velocity Range: Below 26.2 fps / 8 m/s (6.6' / 2 m above the ground)

Altitude Range: 11.8" to 118.1" / 30 cm to 300 cm

Operating Range: 11.8" to 118.1" / 30 cm to 300 cm

Operating Environment: Surface with clear pattern and adequate lighting (> 15 lu

Transmitter

Frequency 2.400 to 2.483 GHz

Communication Distance 6561.7' / 2000 m (outdoors and unobstructed)

Receiver Sensitivity 1%PER: 101 dBm ±2 dBm

Transmitter Power EIRP: 20 dBm

Working Current 1.2 A at 7.4 V
41

Connectivity

1 x USB type A female for mobile device interface

1 x Micro-USB female for firmware updates / assistant software 1 x Charge port

Lightbridge Support Yes; compatible iOS or Android mobile device with USB required

Mobile Device Holder Compatibility: Tablet or smartphone

Operating Temperature 32 to 104°F / 0 to 40°C

Camera

Sensor

Make: Sony EXMOR

Size: 1/2.3"

Resolution: 12.76 MP (12.4 MP effective)

Lens

Aperture: f/2.8

FOV: 94°

Focal Length: 20 mm (35 mm equivalent)

Elements: 9

Focus: 0 to ∞

Photo Resolution Up to 12 MP (4000 x 3000)

ISO Range

Video: 100 to 3200

Photo: 100 to 1600

Video Resolutions

DCI 4K (4096 x 2160): 24p, 25p

UHD 4K (3840 x 2160): 24p, 25p, 30p

1080p (1920 x 1080): 24p, 25p, 30p, 48p, 50p, 60p

720p (1280 x 720): 24p, 25p, 30p, 48p, 50p, 60p

Photo Modes

Single Shot

Burst Shooting: 3/5/7 shots

Auto Exposure Bracketing (AEB): 3/5

Bracketed Frames at 0.7 EV Bias

Time-lapse
42

File Formats

Video: MPEG-4 AVC/H.264 in MOV wrapper (up to 60 Mbps)

Photo: JPEG, DNG RAW

Recording Media

Type: microSD/SDXC card up to 64 GB

Format: FAT32 / exFAT

Note: Class 10, UHS-1 or faster card required

Operating Temperature 32 to 104°F / 0 to 40°C

Gimbal

Number of Axes 3-axis (pitch, roll, yaw)

Control Range -90° to +30°

Motor

Type Brushless

Recommended Takeoff 

Weight 10.6 oz / 300 g per axis

Maximum Tension 1.8 lb / 800 g per axis

Stator Size 0.9 x 0.5" / 23 x 12 mm

Motor Velocity Constant KV: 960 rpm/V

Working Temperature 23 to 104°F / -5 to 40°C

Weight 1.9 oz / 55 g

Flight Battery

Chemistry Lithium-polymer

Capacity

4480 mAh

68 Wh
43

Configuration 4S

Voltage 15.2 VDC

Weight 12.9 oz / 365 g

Maximum Charging 

Power 100 W

Operating Temperature 32 to 104°F / 0 to 40°C

Charger

Voltage: 17.4 VDC

100 W

APPENDIX – B

DJI Phantom 2 Vision+ and DJI Phantom 3 Manufacturer’s User Manuals (Attached)
44

APPENDIX – C

BEFORE & AFTER EVERY FLIGHT

* Check condition of props (run finger along leading and trailing edges, flex both blades to 

check for hairline cracks);

* Check motor shafts have no free play (missing E clip? Loose bell housing screw? Bad 

bearings?);

* Check motors move freely when spun by hand;

* Check condition of battery spade connectors and data pins (level, free movement, 

clean);

* Check camera mounts are secure (and any other attachments, e.g. Flytrex core);

* When powered up and idling confirm no unusual noise or vibration from motors.

EVERY WEEK or EVERY 10 FLIGHTS, WHICHEVER SOONER

* Visual inspection of shell and other plastic components for cracking/damage (landing 

skids, camera mounting plates, etc.);

* Check tightness of motor retaining screws and shell retaining screws (both 2.0mm hex);

* Clean data spring pins and battery contact pads with alcohol and swab or proprietary 

electrical contact cleaner and cycle spring pins several times to check for spring weakness 

and full unimpeded travel;

* Plug in to Vision Assistant and check tx & IMU calibration state and all battery cells have 

good balance (repeat for all batteries);

* Check batteries for number of cycles and discharge per DJI recommendations if 

required.

Sample Log:

month:_________(year:________

UAS$#:$___________

Date(Issue(

Discovered

Date(Issue(

Addressed

Software(Updates

Airframe(

Engines

Propellers

Camera(Gimbal

Landing(Gear

Vibration(Dampening

Other:

MONTHLY$MAINTENANCE$LOG

Issue(Description(&(Maintenance(Conducted

Maintenance(Performed(By:(((

Print(&(Sign